Criminal Records/Background Checking Laws

Transcription

1 Criminal Records/Background Checking Laws January 2014 There are no specific, Federal, "employment background check laws" per se. But employment-related provisions of the Federal Fair Credit Reporting Act have generally set privacy, accuracy and other standards for credit checks, which are often part of employment background checks. The Federal Bankruptcy Act also compensates to a degree for the absence of specific, Federal, background check laws. The employment-related provisions of the Bankruptcy Act make it unlawful for employers to discriminate against employees and job applicants because of bankruptcy or the bad debts they had before filing for bankruptcy. Prior to making inquiries regarding an applicant s or employee s criminal records, employers should conduct a careful review of related federal and state laws, including the status of employee privacy protections. Employers in certain types of industries such as health care, financial services, law enforcement, and education may be required to check criminal records under federal or state law. Prior to making inquiries into an applicant s or employee s criminal records, employers should establish whether such inquiries will adversely impact minority persons and whether the inquiry is directly related to job performance or justified by a legitimate business necessity; An employment practice that adversely impacts minorities without a justifiable business necessity for the practice is considered a violation of Title VII. To check whether there is pending legislative issues or recently enacted legislative changes for your state(s) please click here. To access additional SHRM State Law & Regulation Resources click here. Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance upon this material is solely at your own risk. Click the letter corresponding to the state name below. A C D F G H I K L M N O P R S T U V W

2 State Statute Alabama 16-22A-1. Short title; purpose.--this chapter shall be known and cited as the Alabama Child Protection Act of Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees A-6. Request from schools for criminal background information check.--(a) The State Department of Education, or other public authorized employer responsible for hiring employees who will have unsupervised access to children in an educational setting, shall request through the State Department of Education, that the Department of Public Safety secure from both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history background information check on each applicant for certification, certified applicant for public employment, noncertified applicant for public employment, and public current employee under review. (b) Any nonpublic school in which an individual may have unsupervised access to children in an educational setting, shall through its duly authorized representative under guidelines established by the nonpublic school employer, request that the Department of Public Safety secure a state criminal history background information check from the Alabama Bureau of Investigation and a nationwide criminal history background information check from the Federal Bureau of Investigation, on each applicant for nonpublic employment, nonpublic current employee, and nonpublic current employee under review. (c) A request to the Department of Public Safety for a criminal history background information check on an applicant for certification, applicant for employment, nonpublic current employee, and current employee under review shall be accompanied by the following:(1) Two complete functional sets of fingerprints, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. (2) In the case of public education employment, written consent from the applicant for certification, certified applicant for public employment, non-certified applicant for public employment, or public current employee under review for the release of criminal history background information to the State Superintendent of Education and a specifically designated representative of the State Department of Education authorized to make the request. (3) In the case of nonpublic school employment, written consent from the applicant for employment, nonpublic current employee, or current employee under review for the release of criminal history background information to the State Superintendent of Education. (4) A nonrefundable fee to be paid by the applicant or educational entity requesting the criminal history background information check which shall conform to the guidelines promulgated pursuant to 42 U.S.C. 5119, the National Child Protection Act of 1993, and state law. An applicant for employment shall not be required to pay the fee until the authorized employer is prepared to employ the applicant and request the criminal history background information check. An applicant for certification shall be required to submit two complete acceptable sets of fingerprints and the fee for the criminal history background information check at the time his or her application for certification is submitted to the State Department of Education. If two sets of acceptable fingerprints and the appropriate fee are submitted to the State Department of Education and a criminal history background information check is not performed, the fee shall be refunded to the applicant or educational entity that paid the fee for the criminal history background information check A-7. Responsibilities of individuals to provide information.-- (a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the State Department of Education: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Department of Education. (3) Acknowledgment that the applicant for certification, applicant for public employment, or public current employee under review received notice that the State Superintendent of Education will provide a suitability determination, based upon criminal history information reports and suitability criteria for public employment, to the applicant, current employee under review, and local employing board. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a public current employee under review shall be paid by the requesting employing entity. (b) An applicant for nonpublic employment, nonpublic current employee, or nonpublic current

3 employee under review, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the chief executive officer of the nonpublic school who shall forward such information to the Department of Public Safety: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Superintendent of Education. (3) Acknowledgment that the applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review received notice that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee under review shall be paid by the requesting employing entity. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee shall be paid by the State Department of Education, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the fee shall be paid by the employer or the employee. (c) The State Department of Education, local employing board, or other authorized public educational employer, may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer. (d) A nonpublic school employer may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer of the nonpublic school employer A-10. Confidentiality of information.-- (a)(1) Any criminal history background information reports received by the State Department of Education from the Department of Public Safety shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (2) Any criminal history background information report received by a local employing board from the State Department of Education shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (b) All criminal history background information reports are specifically excluded from any requirement of public disclosure as a public record as the Legislature finds these documents to be sensitive personnel records. (c) Transmittal of any criminal history background information at any time shall be accomplished in a nontransparent package, sealed, and marked confidential with instructions to be opened only by the person named on the package and authorized to receive the information pursuant to this chapter. (d) Without additional public disclosure, the following actions shall not be construed to violate this section: (1) Showing the report of criminal history background information to the applicant for certification, applicant for employment, current employee, or current employee under review to give him or her the opportunity to challenge the report. (2) Releasing the report to a court of competent jurisdiction in the event of litigation brought by the applicant for certification, applicant for employment, current employee, or current employee under review. (3) Use of the information in preparation, investigation, and presentation during administrative proceedings involving revocation of certification or suitability determination brought by the State Superintendent of Education, termination by the employer, or restriction on unsupervised access to a child in an educational setting. (e) Any person having access to criminal history background information check reports and releasing same as provided herein, shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law , 42 U.S.C. 5119, et seq. (f) Nothing in this chapter shall be construed to prohibit he distribution of employment or certification status through the National Association of State Directors of Teacher Education and Certification Educator Identification Clearinghouse A-13. Liability. -- An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an educational employee pursuant to this chapter if such failure is due to reasonable time constraints of background check backlogs, nor shall the state or political subdivision thereof, nor any agency, officer, or employee thereof, be liable in any action for damages for the failure of a qualified entity to take action adverse to an individual who was the subject of a criminal history background information check. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination.

4 Nothing herein shall be construed as a waiver of any sovereign or qualified immunity. Alaska 16-22A-12. Penalties.-- (a) Violations. Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor: (1) Violating the confidentiality of records provisions. (2) Violating lawfully adopted policies which are provided for in this chapter. (3) Knowingly, willfully, and intentionally making or transmitting a false report or complaint against any current employee, current employee under review, or applicant without reason to believe the accuracy of such report or complaint. (b) False information or failure to disclose. Any person who knowingly submits false information concerning past convictions on an application for employment may be subject to loss of employment under provisions for termination according to applicable existing statutes and to the loss of any certificate issued by the State Superintendent of Education under this chapter Requirements for issuance of certificate; fingerprints. (a) Except as provided in (f) of this section, the department shall issue a teacher certificate to every person who meets the requirements in (b), (c), and (h) of this section. (b) A person is not eligible for a teacher certificate unless that person has received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner and, if applicable, has passed the examination or examinations required by (i) of this section. However, this subsection is not applicable to (1) persons employed in the state public school system on September 1,1962; (2) persons issued an emergency certificate during a situation that, in the judgment of the commissioner, requires the temporary issuance of a certificate to a person not otherwise qualified. (c) The board may establish by regulation additional requirements for the issuance of certificates. The board shall require teachers to submit fingerprints and the fees required by the Department of Public Safety under AS for criminal justice information and a national criminal history record check. The board shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS and a national criminal history record check under AS The department shall establish by regulation the fees to be charged for each certificate and for other charges assessed against teachers as part of certification. In establishing the fees to be charged, the department shall establish the fee levels so that the total amount of the fees collected relating to the certification of teachers approximately equals, when added to the other fees collected from teachers, the actual regulatory costs for certifying and disciplining teachers in the state. The department shall annually review each fee level to determine whether the regulatory costs are approximately equal to fee collections. If the review indicates that fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments to the fees for certification of teachers and adopt regulations under this subsection to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. The department shall consider the board's recommendations concerning the fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, "regulatory costs" means costs of the department that are attributable to regulation of the teaching profession, including the portion of the expenses of the board that are attributable to the regulation of the teaching profession and the expenses of the Professional Teaching Practices Commission. (d) The board may by regulation establish various classes of certificates. (e) The annual estimated balance in the account maintained by the commissioner of administration under AS may be used by the legislature to make appropriations to the department to carry out the purposes of this section and to support the activities of the Professional Teaching Practices Commission under AS , , and (f) The department may not issue a teacher certificate to a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection. (g) The department shall issue a teacher certificate to a person who possessed a valid Alaska teacher certificate upon retirement. A teacher certificate issued under this subsection is valid for the life of the retired teacher and qualifies the holder as a substitute teacher in the state. (h) A person is not eligible for a teacher certificate unless the person has completed three semester hours in Alaska studies and three semester hours in multicultural education or cross-cultural communications. However, the commissioner may issue a provisional certificate, valid for no longer than two years, to an applicant who has not completed the semester hours required under this subsection at the time of application. (i) Beginning on July 1, 1998, a person is not eligible for an initial regular teacher certificate unless the person has taken and successfully completed a competency examination or examinations designated, at the time the person took the test, by the board. The board shall review nationally recognized examinations that are designed to test the competency of new teachers and shall designate those examinations that it finds adequately test the skills and abilities of new teachers. For each examination

5 designated under this subsection, the board shall establish the minimum acceptable level of performance. (j) Whenever required by a provision of this chapter to submit fingerprints to use for a criminal background check for the purpose of determining a person's suitability for employment as a teacher, the department shall accept a name-based criminal history background check on a person from the agency performing the background check if the (1) person cannot submit legible fingerprint cards due to a permanent disability that precludes the person's ability to submit fingerprints; or (2) agency informs the department that its examination of at least two separate sets of fingerprint cards shows that the person's fingerprints are illegible due to a permanent skin condition Licensing of school bus drivers. -- (a) In addition to the requirements of AS (a), a person may not drive a school bus transporting school children to or from a public school to enable them to participate in class or a school activity, or a bus transporting school children to or from a public school for classroom studies until the person has applied for and has been issued a license for that purpose under this section. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner. In this subsection "classroom studies" means curriculum studies that take place in a public school building. (b) The department may not issue a license under this section unless the applicant (1) is at least 21 years of age; (2) has had a license to operate a motor vehicle at least three years before the date of application; (3) has successfully completed all required driving, written, and physical examinations; (4) has submitted the applicant's fingerprints, the fees required by the Department of Public Safety under AS for criminal justice information and a national criminal history record check, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and state criminal records of the state or states in which the applicant has resided for the past two years; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS and a national criminal history record check under AS ; (5) has completed a state approved school bus driver training course established under AS (a)(14) or has for the previous two years been licensed by the state to operate a school bus. (c) The department may not issue a license under this section to an applicant who has been convicted of any of the following offenses within 20 years of the time of application: (1) sexual abuse of a minor in any degree under AS ; (2) sexual assault in any degree under AS ; (3) incest under AS ; (4) unlawful exploitation of a minor under AS ; (5) contributing to the delinquency of a minor under AS ; (6) a felony involving possession of a controlled or imitation controlled substance under AS or AS 11.73; (7) a felony or misdemeanor involving distribution of a controlled or imitation controlled substance under AS or AS 11.73; (8) promoting prostitution in the first or second degree under AS or ; (9) indecent exposure in the first or second degree under AS or (d) The department may not issue a license to an applicant who has been convicted of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS within two years of the time of application or to an applicant who has two or more convictions for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance within 10 years of the time of application. (e) For purposes of determining whether an applicant has been convicted of an offense listed under (c) or (d) of this section, a conviction under prior state law or in another jurisdiction of an offense having elements substantially similar to those of the offenses listed in (c) or (d) of this section is considered a conviction. (f) Costs of conducting the background check required under (b)(4) of this section shall be paid by the applicant. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee Certification of teachers.-- (a) A teacher in a public school must be at least 18 years of age, and must hold a valid teacher certificate issued under this chapter unless the teacher is participating in an approved exchange program under 4 AAC (b) A teacher applying for a teacher certificate must submit (1) a completed application; the application must be signed and notarized; (2) official transcripts of all college work; (3) the certificate fee; (4) two completed fingerprint cards, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on a person from the agency performing the background check if the requirements of AS (j) are met; and (5) the official scores demonstrating that the applicant meets or exceeds the qualifying scores for the state on one of the competency examinations designated in 4 AAC (c) Transcripts and other required documents become a part of the teacher's permanent records and remain on file with the

6 Arizona department. (d) The department will date certificates as of the date the completed application, transcripts, experience record, and fee are received. A certificate remains effective until the expiration date indicated on the certificate. (e) Except as provided in AS , the state will not, and a school district may not, pay a salary to any teacher who does not hold a valid teacher certificate for this state. (f) Nonpublic schools which employ noncertificated teachers will not be approved by the state, or if approved, will be dropped from the register of approved schools. (g) Unless otherwise provided in this section, fees must be paid at the time of application and are nonrefundable. The fee for (1) initial issuance of a teacher certificate, including all endorsements, is $125, plus the cost of a criminal history background check required under (b)(4) of this section; (2) renewal of a teacher certificate, including all endorsements, is $125, plus the cost of a criminal history background check required under 4 AAC (b); (3) addition or deletion of an endorsement, other than at the time of initial issuance of the certificate is $125; (4) a certified copy of a teacher certificate is $25; and (5) each nonacademic credit is $50 payable at the time supporting documentation required by 4 AAC (a) is submitted to the department. (h) An applicant for a certificate shall, on the application, disclose a suspension or revocation of a certificate by this or another state. A teacher who has been issued a certificate by this state shall immediately notify the department of suspension or revocation of a certificate issued by another state. Failure to inform the department of a suspension or revocation as required by this subsection may result in denial or revocation of a certificate. (i) Any misrepresentations or willful omission of information on a certification application may result in denial or revocation of the certificate. (j) The department may deny an application for issuance or renewal of a teacher certificate for any reason that is cause for revocation or suspension under AS (k) The cost to an applicant for a criminal history background check is the amount charged to the department by the Department of Public Safety as set out in 13 AAC (l) In place of the information required of an applicant by (b)(4) of this section, the department will accept the results of a successful criminal history background check of the applicant conducted under 4 AAC (b) if the applicant submits an application to the department under (b) of this section not later than (1) 60 days after the applicant's last day of student teaching; and (2) 18 months after the date of the department's notification that the applicant passed the criminal history background check conducted under 4 AAC (b) Powers and duties of board-- A. The board may: 1. Adopt and revise rules necessary to carry into effect the provisions of this chapter. 2. Publish advisory opinions regarding registered and practical nursing practice and nursing education. 3. Issue limited licenses or certificates if it determines that an applicant or licensee cannot function safely in a specific setting or within the full scope of practice. 4. Refer criminal violations of this chapter to the appropriate law enforcement agency. 5. Establish a confidential program for the monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement. 6. On the applicant's or regulated party's request, establish a payment schedule with the applicant or regulated party. 7. Provide education regarding board functions. 8. Collect or assist in the collection of workforce data. 9. Adopt rules for conducting pilot programs consistent with public safety for innovative applications in nursing practice, education and regulation. 10. Grant retirement status on request to retired nurses who are or were licensed under this chapter, who have no open complaint or investigation pending against them and who are not subject to discipline. 11. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this title. these monies do not revert to the state general fund at the end of the fiscal year. B. The board shall: 1. Adopt rules and establish standards for nursing programs preparing persons for licensing or certification under this chapter, recognize national nursing accrediting agencies and provide for surveys of programs it deems necessary. 2. By rule, establish approval and reapproval processes for nursing and nursing assistant training programs that meet the requirements of this chapter and board rules. 3. Prepare and maintain a list of approved nursing programs for the preparation of registered and practical nurses whose graduates are eligible for licensing under this chapter as registered nurses or as practical nurses if they satisfy the other requirements of this chapter and board rules. 4. Examine qualified registered and practical nurse applicants. 5. License and renew the licenses of qualified registered and practical nurse applicants who are not qualified to be licensed by the executive director. 6. Adopt a seal, which the executive director shall keep. 7. Keep a record of all proceedings. 8. For proper cause, deny or rescind approval of a nursing or nursing assistant training program for failure to comply with this chapter or the rules of the board. 9. Adopt rules for the approval of credential evaluation services that evaluate the qualifications of applicants who graduated from an international nursing program. 10. Determine and administer

7 appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board. 11. Perform functions necessary to carry out the requirements of the nursing assistant training and competency evaluation program as set forth in the omnibus budget reconciliation act of 1987 (P.L ; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L ; 102 Stat. 683). These functions shall include: (a) Testing and certification of nursing assistants. (b) Maintaining a list of board approved training programs. (c) Recertifying nursing assistants. (d) Maintaining a registry of all certified nursing assistants. (e) Assessing fees. 12. Adopt rules establishing those acts that may be performed by a registered nurse practitioner in collaboration with a licensed physician. 13. Adopt rules establishing educational requirements for the certification of school nurses. 14. Publish copies of board rules and distribute these copies on request. 15. Require each applicant for initial licensure to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 16. Require each applicant for initial nursing assistant certification to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 17. Revoke a license of a person, revoke the multistate licensure privilege of a person pursuant to section or not issue a license or renewal to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions five or more years before the date of filing an application pursuant to this chapter. 18. Establish standards for approving and reapproving nurse practitioner and clinical nurse specialist programs and provide for surveys of nurse practitioner and clinical nurse specialist programs as it deems necessary. 19. Provide the licensing authorities of health care institutions, facilities and homes any information the board receives regarding practices that place a patient's health at risk. 20. Limit the multistate licensure privilege of any person who holds or applies for a license in this state pursuant to section Adopt rules to establish competency standards for obtaining and maintaining a license. 22. Adopt rules for the qualification and certification of clinical nurse specialists. 23. Adopt rules for approval and reapproval of refresher courses for nurses who are not currently practicing. C. The board may conduct an investigation on receipt of information that indicates that a person or regulated party may have violated this chapter or a rule adopted pursuant to this chapter. Following the investigation, the board may take disciplinary action pursuant to this chapter. D. The board may limit, revoke or suspend the privilege of a nurse to practice in this state granted pursuant to section E. Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license or a certificate. F. The president or a member of the board designated by the president may administer oaths in transacting the business of the board Residential care institutions; home health agencies; fingerprinting; definitions -- A. Subject to legislative appropriations, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies or contracted persons who provide direct care, home health services or supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days of employment or beginning volunteer work except as provided in subsections F, G and H of this section. B. A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety pursuant to this section. C. Owners shall make documented, good faith efforts to: 1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency. 2. Verify the current status of a person's fingerprint clearance card. D. An employee, an owner or a contracted person or a facility on behalf of the employee, the owner or the contracted person shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins work. E. A residential care institution, nursing care institution or home health agency shall not allow a person or contracted person to continue to provide direct care, home health services or supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has

8 been denied approval pursuant to this section before May 7, 2001 or has not received an interim approval from the board of fingerprinting pursuant to section , subsection I. F. Volunteers who provide services to residents under the direct visual supervision of a previously screened owner or employee are exempt from the fingerprint clearance card requirements of this section. G. Notwithstanding the requirements of section , subsection B, a person who provides direct care, home health services or supportive services for a residential care institution, home health agency or nursing care institution after meeting the fingerprinting and criminal records check requirements of this section is not required to meet the fingerprint and criminal records check requirements of this section again if that person remains employed by the same employer or changes employment within two years after satisfying the requirements of this section. For the purposes of this subsection, If the employer changes through sale, lease or operation of law, a person is deemed to be employed by the same employer if that person remains employed by the new employer. H. Notwithstanding the requirements of section , subsection B, a person who has received approval pursuant to this section before May 7, 2001 and who remains employed by the same employer is not required to apply for a fingerprint clearance card. I. If a person's employment record contains a six-month or longer time frame where the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety. J. For the purposes of this section: 1. "Home health services" has the same meaning prescribed in section "Supportive services" has the same meaning prescribed in section Children's behavioral health programs; personnel; fingerprinting; definitions--a. Except as provided in subsections B and C of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection D of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or, within seven working days after employment or beginning volunteer work, shall apply for a fingerprint clearance card. B. Parents, foster parents and guardians who participate in activities with their children under the supervision of and in the presence of children's behavioral health program personnel are exempt from the fingerprinting requirements of subsection A of this section if the parents are not employees of the children's behavioral health program. C. Applicants and employees who are fingerprinted pursuant to section or are exempt from the fingerprinting requirements of subsection A of this section. D. Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section , subsection B or C in this state or similar offenses in another state or jurisdiction. E. Forms submitted pursuant to subsection D of this section are confidential. F. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program. G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section , subsection B is prohibited from working in any capacity in a children's behavioral health program that requires or allows contact with children. H. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section , subsection C shall not work in a children's behavioral health program in any capacity that requires or allows the employee to provide direct services to children unless the person has applied for and received the required fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. I. The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either: 1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection G of this section. 2. Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection H of this section if the personnel provide these services while under direct visual supervision. J. The employer shall notify the department of public safety if the employer receives credible evidence that a person who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section , subsection B. 2. Falsified information on the form required by subsection D of this section. K. For the purposes of this section: 1. "Children's behavioral health program" means a program that provides children's behavioral health services and that is licensed by the department as a behavioral health service agency or that

9 contracts with the department to provide children's behavioral health services. 2. "Children's behavioral health program personnel" means an owner, employee or volunteer who works at a children's behavioral health program Fingerprint clearance card; Use of expired card A. Notwithstanding any other law, an expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section , , , , , or if the person signs an affidavit stating both of the following: 1. The person submitted a completed application to the division for a new fingerprint clearance card within ninety days before the expiration date on the person's current fingerprint clearance card. 2. The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card. b. This section does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing Criminal record information checks; fingerprinting employees and applicants--a. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a valid fingerprint clearance card issued pursuant to section or shall apply for a fingerprint clearance card within seven working days of employment. B. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract. C. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card. D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section , subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles. E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section , subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles unless the person is granted a good cause exception pursuant to section F. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section , subsections B and C in this state or similar offenses in another state or jurisdiction. G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. H. Federally recognized Indian tribes or military bases may submit and the department of economic security shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection F of this section. I. A person who applies to the department of economic security for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section and Public Law The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8-105, 8-

10 Arkansas 509, or J. The special services unit of the department of economic security may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such employee, applicant or contractor is not qualified or suitable. K. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section. L. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either: 1. Is arrested for or charged with an offense listed in section , subsection B or C. 2. Falsified information on the form required by subsection F of this section , Criminal background check procedures 3.01 The board of directors of a local school district or an education service cooperative shall require, as a condition for initial employment or non-continuous employment as a substitute teacher, that an individual apply to the Identification Bureau of the Arkansas State Police for statewide and national criminal records checks The Identification Bureau of the Arkansas State Police shall forward the information necessary for the processing of the nationwide criminal records check to the Federal Bureau of Investigation for the completion of the criminal records check The applicant shall sign a release of information permitting the completed statewide and nationwide criminal records checks to be submitted to the Arkansas Department of Education Upon completion of the criminal records check, the Identification Bureau of the Arkansas State Police shall forward all releaseable information obtained concerning the applicant to the Department of Education The Department of Education shall promptly inform the board of directors of the local school district or education service cooperative whether or not the applicant is eligible for employment pursuant to Ark. Code Ann (b) No non-licensed applicant shall be eligible for employment as a substitute teacher by a local school district or education service cooperative if the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense listed under Ark. Code Ann (b) by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court The board of directors of a local school district or education service cooperative may offer provisional employment to a substitute teacher pending receipt of eligibility information from the Department of Education Any information received by the Department of Education from the Identification Bureau of the Arkansas State Police pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file or document shall be removed from the custody of the Department of Education Any information made available to the affected applicant for employment shall be information pertaining to that applicant only Background check procedures 4.01 Each applicant for an initial license issued by the SBE and each first-time license renewal applicant

11 will submit the following to the Office of Professional Licensure: Completed application form including program of studies verification (if applicable) Official transcripts (must bear college seal) Satisfactory scores of on the Praxis Series Examinations including: Praxis I PPST/Praxis II Principles of Learning and Teaching Specialty area test Effective July 1, 1996, no application for issuance of a first-time license will be considered without a criminal background check by the Arkansas State Police and the FBI Effective July 1, 1997, no application for issuance of a license renewal will be considered without a criminal background check by the Arkansas State Police and the FBI Effective April 10, 1997, no applicant for initial employment as a certified employee shall be hired by a school district without a criminal background check by the Arkansas State Police and FBI Effective February 6, 2004, the board of directors of a school district shall require an applicant for initial employment as a fiscal officer to have performed a criminal background check by the Arkansas State Police and the FBI, along with other background checks required by these Rules and/or Arkansas law due to the applicant's noncertified or certified employee status Each applicant shall complete the State Police fingerprint card in the presence of a law enforcement officer, and shall have the law enforcement officer sign the fingerprint card and give his/her jurisdiction, the date and his/her badge number Each applicant must sign a release of information and submit it to the ADE and shall be solely responsible for the payment of any fee associated with the criminal background check to the Arkansas State Police The Department of Education shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal record check of each applicant as defined in Section 3.06 for his or her first license renewal after July 1, Upon completion of the criminal background check, the Identification Bureau of the Arkansas State Police shall forward all information obtained concerning the applicant in the commission of any offense listed in Ark. Code Ann (c) or referenced in Ark. Code Ann (d)(1)(a)(v) to the Attorney's Office of the ADE The criminal background check conducted by the Arkansas State Police and the FBI shall have been completed no earlier than twelve (12) months prior to the application for an initial license issued by the SBE SBE shall be authorized to issue a six-month, non-renewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal records check. This letter of provisional eligibility for licensure shall be issued only to those applicants who meet all other qualifications for licensure by the SBE, and who have submitted the Arkansas State Police background check showing no violations listed in either Ark. Code Ann (c) or referenced in Ark. Code.

12 Ann (d)(1)(A)(v) The Commissioner of the Department of Education shall be authorized to extend the period of provisional eligibility to the end of the contract year if: the applicant is employed by a local school district; and Results of the criminal records check are delayed The letter of provisional eligibility will immediately become invalid upon receipt of information obtained from the criminal background check from the Arkansas State Police and the FBI and other eligibility information indicating that the applicant has pleaded guilty or nolo contendere to, or has been found guilty of, any offense listed in Ark. Code Ann (c) or referenced in Ark. Code Ann (d)(1)(A)(v) The ADE will not issue a first-time teaching license nor a license renewal until the criminal background check conducted by the Arkansas State Police and the FBI has been completed The ADE shall promptly inform the board of directors of the local school district whether or not the affected employment applicant for a fiscal officer position is eligible for employment In addition to any ineligibility for employment due to the results of criminal background checks required due to the applicant's certified or non-certified employee status, no person shall be eligible for employment as a fiscal officer by a local school district if the results of the criminal records check released to the ADE by the applicant reveals that the applicant has pleaded guilty or nolo contendere to, or has been found guilty of, a fraudulent act, only after an opportunity for a hearing before the SBE upon reasonable notice in writing The board of directors of a local school district is authorized to offer provisional employment to an affected applicant for employment as a fiscal officer pending receipt of eligibility information from the ADE Teacher licensure; Application, renewal application, revocation, suspension, and probation (a)(1)(a)(i) An applicant for a license issued by the State Board of Education and an applicant for license renewal shall be required to apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Department of Arkansas State Police and the Federal Bureau of Investigation. (ii) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system. (iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant. (B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the criminal records check. (2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the applicant to the Department of Education. (3)(A) An applicant for a license issued by the State Board of Education and an applicant for license renewal shall be required to request through the Department of Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services. (B) The applicant shall sign a release of information to the Department of Education and is responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check. (b)(1) The state board may issue a six-month nonrenewable letter of provisional eligibility for licensure pending the results of the criminal records check and the Child Maltreatment Central Registry check. However, the Commissioner of Education may extend the period of provisional eligibility to the end of that contract year if: (A) The applicant is employed by a school district or openenrollment public charter school; and (B) The results of the criminal records check or the Child Maltreatment Central Registry check are delayed. (2) Upon receipt of information from the

13 Identification Bureau of the Department of Arkansas State Police that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the state board shall immediately revoke the provisional eligibility. (3) If the Department of Education receives information from the Department of Human Services that the person holding a letter of provisional eligibility for teacher licensure has a true report in the Child Maltreatment Central Registry, the State Board of Education shall immediately revoke the provisional eligibility of the teacher licensure applicant. (c) The state board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of any person who has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder as prohibited in Section ; (2) Murder in the first degree as prohibited in Section and murder in the second degree as prohibited in Section ; (3) Manslaughter as prohibited in Section ; (4) Battery in the first degree as prohibited in Section and battery in the second degree as prohibited in Section ; (5) Aggravated assault as prohibited in Section ; (6) Terroristic threatening in the first degree as prohibited in Section ; (7) Kidnapping as prohibited in Section ; (8) Rape as prohibited in Section ; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in Sections ; (10) Incest as prohibited in Section ; (11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in Sections , , , and ; (12) Distribution to minors as prohibited in Section ; (13) Any felony in violation of the Uniform Controlled Substances Act, Section et seq.; (14) Sexual indecency with a child as prohibited in Section ; (15) Endangering the welfare of a minor in the first degree as prohibited in Section ; (16) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by Section ; (17) False imprisonment in the first degree as prohibited in Section ; (18) Permanent detention or restraint as prohibited in Section ; (19) Permitting abuse of a child as prohibited in Section (a); (20) Negligent homicide as prohibited by Section (a); (21) Assault in the first degree as prohibited by Section ; (22) Coercion as prohibited by Section ; (23) Public sexual indecency as prohibited by Section ; (24) Indecent exposure as prohibited by Section ; (25) Endangering the welfare of a minor in the second degree as prohibited by Section ; (26) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in Sections , , , and , to commit any of the offenses listed in this subsection; (27) Computer child pornography as prohibited in Section ; (28) Computer exploitation of a child in the first degree as prohibited in Section ; (29) Felony theft as prohibited in Sections and ; (30) Robbery as prohibited by Sections and ; (31) Breaking or entering as prohibited by Section ; (32) Burglary as prohibited by Section and aggravated residential burglary as prohibited by Section ; (33) Forgery as prohibited by Section ; (34) Video voyeurism as prohibited by Section ; (35) Domestic battering in the first degree as prohibited by Section ; (36) Domestic battering in the second degree as prohibited by Section ; (37) Felony violation of an order of protection as prohibited by Section ; (38) Prostitution as prohibited by Section ; (39) Sexual solicitation as prohibited by Section ; (40) Promoting prostitution in the first degree as prohibited by Section ; (41) Promoting prostitution in the second degree as prohibited by Section ; (42) Stalking as prohibited by Section ; (43) Failure to notify by a mandated reporter in the first degree as prohibited by Section ; and (44) Any felony not listed in this subsection (c) and involving physical or sexual injury, mistreatment, or abuse against another. (d)(1) For the purposes of this subsection (d): (A) "Cause" means any of the following: (i) Holding a license obtained by fraudulent means; (ii) Revocation of a license in another state; (iii) Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Department of Education; (iv) Having the completed examination test score of any testing program required by the state board for teacher licensure declared invalid by the testing program company and so reported to the Department of Education by the testing company; (v) Having an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense in subsection (c) of this section; (vi) Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules and regulations for teacher licensure; (vii) Knowingly submitting or providing false or misleading information or knowingly failing to submit or

14 provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit; (viii) Knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or (ix) Having a true report in the Child Maltreatment Central Registry; and (B) "Child" means a person under twenty-one (21) years of age or enrolled in the public schools of the State of Arkansas. (2) For cause as stated in this subsection (d), the state board is authorized to: (A) Revoke a license permanently; (B) Suspend a license for a terminable period of time or indefinitely; or (C) Place a person on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed. (e)(1) Before taking an action under subsections (c) or (d) of this section, the state board shall provide a written notice of the reason for the action and shall afford the person against whom the action is being considered the opportunity to request a hearing. (2) A written request for a hearing must be received by the state board no more than thirty (30) days after the notice of the denial, nonrenewal, or revocation of the license is received by the person who is the subject of the proposed action. (3) Upon written notice that a revocation, suspension, or probation is being sought by the state board for a cause set forth, a person may: (A) Decline to answer the notice, in which case the state board shall hold a hearing to establish by a preponderance of the evidence that cause for the proposed action exists; (B)(i) Contest the complaint and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the state board if one is requested. (ii) If the person requesting the hearing fails to appear at the hearing, the hearing shall proceed in the manner described in subdivision (e)(3)(a) of this section; (C) Admit the allegations of fact and request a hearing before the state board in mitigation of any penalty that may be assessed; or (D) Stipulate or reach a negotiated agreement, which must be approved by the state board. (f)(1) The revocation provisions of subsection (c) of this section may be waived, or a license may be suspended or placed on probation by the state board upon request by: (A) The board of directors of a school district or open-enrollment public charter school; (B) An affected applicant for licensure; (C) The person holding a license subject to revocation; or(d) An unlicensed individual admitted to a teacher preparation program approved by the department. (2) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the crime or incident was committed; (B) The circumstances surrounding the crime or incident; (C) The length of time since the crime or incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. (3)(A) An unlicensed individual who is disqualified from licensure by subsection (c) of this section may apply for a waiver prior to applying for licensure by submitting to the department: (i) Written request for a hearing; (ii) Proof of acceptance or enrollment in a teacher preparation program approved by the department; and (iii) Written recommendation from the teacher preparation program. (B) If the state board approves a waiver after a hearing, the individual may obtain a license only upon: (i) Successful completion of the teacher preparation program; and (ii) Fulfillment of all other requirements for licensure. (C) A waiver granted under subdivision (f)(3)(a) of this section shall also operate as a waiver under Section for an unlicensed individual to work for a school district as a student teacher. (g)(1) The superintendent of each school district or open-enrollment public charter school shall report to the state board the name of any person holding a license issued by the state board and currently employed or employed during the two (2) previous school years by the school district or open-enrollment public charter school who: (A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (c) of this section; (B) Holds a license obtained by fraudulent means; (C) Has had a similar license revoked in another state; (D) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education; (E) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division; (F) Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Department of Education rules for teacher licensure; or (G) Has a true report in the Child Maltreatment Central Registry. (2) Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the state board. (h)(1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (2) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only. (3) Rights of privilege and

15 confidentiality established under this section shall not extend to any document created for purposes other than this background check. (i) The state board shall adopt the necessary rules to fully implement the provisions of this section. [Sec , as amended by Act 455 (S. 457), L. 2013] Criminal Records Check as a Condition for Initial Employment of Licensed Personnel.-- (a)(1)(a) Except as provided in subdivision (a)(1)(b) of this section, the board of directors of a local school district shall require as a condition for initial employment by the school district that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Department of Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Department of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B)(i) The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(a) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Unless the employing school district's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check. (3) At the conclusion of the criminal records check required by this section, the Identification Bureau of the Department of Arkansas State Police may maintain the fingerprints in the automated fingerprint identification system. (4)(A) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (5) The Department of Education shall promptly inform the board of directors of the local school district whether or not the affected applicant is eligible for employment as provided by subsection (b) of this section. (b)(1)(a) No person holding a license from the state board shall be eligible for employment by a local school district if the results of the criminal records check released to the Department of Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under (B) No person holding a license issued by the state board shall be eligible for employment by a local school district if the results of the Child Maltreatment Central Registry check released to the Department of Education reveal that the applicant has a true report in the Child Maltreatment Central Registry. (2) However, the board of directors of a local school district is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Department of Education. Sec Criminal records check for fraudulent acts (a) For purposes of this section: (1) "Applicant" means an individual who is applying for initial employment as a fiscal officer of an educational entity; (2) "Educational entity" means: (A) A school district;(b) An open-enrollment public charter school; or (C) An education service cooperative; (3) "Fiscal officer" means any licensed or nonlicensed employee of an educational entity who has any right, duty, or responsibility to access funds of an educational entity in excess of five thousand dollars ($5,000), specifically including without limitation superintendents, fiscal officers, and bookkeepers; and (4) "Fraudulent act" means an act: (A) Performed willfully and with the specific intent to deceive or cheat for the purpose of either causing some financial loss to another or bringing about some financial gain to the actor; and (B) For which the actor has pleaded guilty or nolo contendere to or has been found guilty by any court in this state, by a court in another state, or by a federal court. (b)(1)(a) Upon making application for employment in a position as a fiscal officer of an educational entity, the board of directors of the educational entity shall require the employment applicant to authorize release to the Department of Education the results of statewide and nationwide criminal records checks by the Identification Bureau of the Arkansas State Police. (B) Unless the employing educational entity's board of directors has taken action to pay for the

16 cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check. (2)(A) The criminal background check shall conform to the applicable federal standards and include the taking of the employment applicant's or currently employed fiscal officer's fingerprints. (B) At the conclusion of the criminal records check required by this section, the Identification Bureau of the Department of Arkansas State Police may maintain the fingerprints in the automated fingerprint identification system. (3)(A) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (B) Any information made available to the affected employment applicant or fiscal officer shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the background check. (4) The Department of Education shall promptly inform the board of directors of the educational entity whether or not the affected employment applicant is eligible for employment as provided in this subsection. (c)(1) No person shall be eligible for employment as a fiscal officer by an educational entity if the results of the criminal records check released to the Department of Education by the applicant reveals that the applicant has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act but only after an opportunity for a hearing before the State Board of Education upon reasonable notice in writing. (2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Department of Education. (d)(1) The superintendent or director of an educational entity shall report to the state board the name of any fiscal officer who is currently employed or was employed during the two (2) previous school years by the educational entity who has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act. (2) A superintendent or director who knowingly fails to report information as required by this subsection may be subject to sanctions imposed by the state board. (e) A prosecuting attorney who prosecutes a person who he or she knows is an educational entity employee in a case in which the employee has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act shall report the name of the employee and the nature of the crime to the educational entity in which the person is employed and to the state board. (f) An educational entity shall dismiss from employment a fiscal officer who pleads guilty or nolo contendere to or has been found guilty of a fraudulent act but only after the fiscal officer has an opportunity for a hearing before the state board upon reasonable notice in writing. (g)(1) The state board shall be entitled to consider: (A) The age of the fiscal officer at the time the criminal act occurred; (B) The length of time since the conviction; (C) Whether the fiscal officer has pleaded guilty or nolo contendere to or has been found guilty of any other criminal violation since the original conviction; (D) Whether the original conviction was expunged or pardoned; and (E) Any other relevant facts. (2) The state board after conducting a hearing and issuing a decision in writing may determine not to prevent the employment or not to require the termination of employment of the fiscal officer as required in subsections (c) and (f) of this section Criminal Records Check and Child Maltreatment Central Registry -- Check of Employees of More Than One School District. Employees, whether new or existing, who have a contract with or work for more than one (1) school district in one (1) year shall be required to have only one (1) criminal background check and one (1) Child Maltreatment Central Registry check to satisfy the requirements of all employing school districts for that year Criminal Records Check as a Condition for Initial Employment of Nonlicensed Personnel.-- (a)(1)(a)(i) Except as provided in subdivision (a)(1)(c) of this section, the board of directors of a local school district or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Department of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints. (iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system. (iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant. (B) The person shall sign a release of information to the Department of Education. Unless the employing school district board of directors has taken action to pay for the cost of criminal background checks required by this section, the

17 employment applicant shall be responsible for the payment of any fee associated with the criminal records checks. (C)(i) The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(a) and (B) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the person to the Department of Education, which shall promptly inform the board of directors of the local school district or education service cooperative whether or not the applicant is eligible for employment as provided by subsection (b) of this section. (3)(A) A school district board of directors or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel a Child Maltreatment Central Registry check by the Department of Human Services. (B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check. (b) No person, including without limitation nonlicensed persons who provide services as a substitute teacher, shall be eligible for employment, whether initial employment, reemployment, or continued employment, by a local school district or education service cooperative in a nonlicensed staff position if that person has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder as prohibited in ; (2) Murder in the first degree as prohibited in and murder in the second degree as prohibited in ; (3) Manslaughter as prohibited in ; (4) Battery in the first degree as prohibited in and battery in the second degree as prohibited in ; (5) Aggravated assault as prohibited in ; (6) Terroristic threatening in the first degree as prohibited in ; (7) Kidnapping as prohibited in ; (8) Rape as prohibited in ; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in ; (10) Incest as prohibited in ; (11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in , , , and ; (12) Distribution to minors as prohibited in ; (13) Any felony in violation of the Uniform Controlled Substances Act, et seq.; (14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in , , , and , to commit any of the offenses listed in this subsection (b); (15) Sexual indecency with a child as prohibited in ; (16) Endangering the welfare of a minor in the first degree asprohibited in ; (17) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by ; (18) False imprisonment in the first degree as prohibited in ; (19) Permanent detention or restraint as prohibited in ; (20) Permitting abuse of a child as prohibited in (a); (21) Negligent homicide as prohibited by (a); (22) Assault in the first degree as prohibited by ; (23) Coercion as prohibited by ; (24) Public sexual indecency as prohibited by ; (25) Indecent exposure as prohibited by ; (26) Endangering the welfare of a minor in the second degree as prohibited by ; (27) Computer child pornography as prohibited in ; (28) Computer exploitation of a child in the first degree as prohibited in ; (29) Felony theft as prohibited in and ; (30) Robbery as prohibited by and ; (31) Breaking or entering as prohibited by ; (32) Burglary as prohibited by and aggravated residential burglary as prohibited by ; (33) Forgery as prohibited by ; and (34) Any felony not listed in this subsection (b) and involving physical or sexual injury, mistreatment, or abuse against another. (c) However, the board of directors of a local school district or education service cooperative is authorized to offer provisional employment to an applicant pending receipt of eligibility information from the Department of Education. (d)(1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the

18 custody of the Department of Education. (2) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (e) The State Board of Education shall determine that an applicant for employment with a school district in a nonlicensed staff position is ineligible for employment if the applicant: (1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; (2) Has an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section; (3) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit; (4) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or (5) Has a true report in the Child Maltreatment Central Registry. (f)(1) The superintendent of each school district shall report to the state board the name of any person currently employed by the local school district who: (A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section; (B) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education; (C) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division; or (D) Has a true report in the Child Maltreatment Central Registry. (2) The failure of a superintendent to report information as required by this subsection (f) may result in sanctions imposed by the state board. (g)(1) If an applicant for employment with a school district has been determined ineligible for employment because the applicant has a true report in the Child Maltreatment Central Registry, the local school board of directors shall provide a written notice to the applicant and shall afford the applicant the opportunity to request a waiver. (2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment. (3) The waiver may be requested by: (A) The hiring official; (B) The affected applicant; or (C) The person subject to dismissal. (4) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the incident was committed; (B) The circumstances surrounding the incident; (C) The length of time since the incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. California Sec Terms defined As used in this subchapter: (1) "Children" means individuals under sixteen (16) years of age; (2) "Conviction" means that a person has been found guilty of or has pleaded guilty or nolo contendre to any offense by any court in the State of Arkansas or of any similar offense by a court in another state or a federal court, regardless of whether the conviction has been sealed or expunged; (3) "Criminal history information" means a record compiled by the Arkansas Crime Information Center or the Identification Bureau of the Department of Arkansas State Police on an individual; (4) "Domestic abuse" means the same as defined in Section ; (5) "Elderly" means individuals age sixty-five (65) or older; (6) "Employee" means an individual currently in the service of an employer for full-time or part-time compensation, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided; (7) "Persons with disabilities" means mentally ill or developmentally disabled persons with physically or mental impairments that substantially limit one (1) or more of the major life activities of the individual; (8) "Volunteer" means an individual who provides services involving contact with children, the elderly, or persons with disabilities without an express or implied promise of compensation; and (9) "Volunteer organization" means an individual, group of individuals, association, partnership, corporation, limited liability company or partnership, business, public school, school district, person or organization designated by a public school or school district to organize volunteers for the public school or school district, or other entity that has volunteers who provide services to children, the elderly, victims of domestic abuse, or individuals with disabilities (a) A state or local agency shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning the criminal history of the applicant or include any inquiry about criminal history on any initial employment application. A state or local agency may inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. (b) This section shall not apply to a position for which a

19 state or local agency is otherwise required by law to conduct a criminal history background check, to any position within a criminal justice agency, as that term is defined in Section of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity. (c) This section shall not be construed to prevent a state or local agency from conducting a criminal history background check after complying with all of the provisions of subdivision (a). (d) As used in this section, "state agency" means any state office, officer, department, division, bureau, board, commission, or agency. (e) As used in this section, "local agency" means any county, city, city and county, including a charter city or county, or any special district. (f) Section 433 does not apply to this section. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code Educ.-- Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall between the first and 15th day of October of each year, commencing on October 1, 1967, file with the Superintendent of Public Instruction an affidavit or statement, under penalty of perjury, by the owner or other head setting forth the following information for the current year: (a) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business. (b) The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California. (c) The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records. (d) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation. (e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited to boys or girls and boarding facilities. (f) That the following records are maintained at the address stated, and are true and accurate: (1) The records required to be kept by Section (2) The courses of study offered by the institution. (3) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each. (g) Criminal record summary information has been obtained pursuant to Section Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the schools under its control or supervision by submitting one report. Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Superintendent of Public Instruction, the State Board of Education, the State Department of Education, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact. The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator Educ.--(a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee's second probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c)(1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section of the Penal Code. (2) For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction. (3) For purposes of this section, the term "school district" has the same meaning as defined in Section (d) When the governing board of any school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the person's fingerprints together with a personal description and the fee shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice. (e) When the Department of Justice ascertains that an

20 individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. (f) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section ) of Title 6 of Part 3 of the Penal Code. (g) Notwithstanding subdivision (f) a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (h) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employee's second probationary year, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section of the Penal Code. (j) Notwithstanding Section 47610, this section applies to a charter school. (k) This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met: (1) The employee's original application for credential was accompanied by that person's fingerprints. (2) The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals. (l) Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k). (m) This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, (n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708 inclusive, of Title 11 of the California Code of Regulations and Section of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice Educ.-- A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective noncertificated employee in order to ascertain whether the prospective noncertificated employee has a criminal record. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. For purposes of this section, "prospective noncertificated