160.151 Criminal background check on certified employees and student teachers in private, parochial, and church schools -- New criminal checks permitted every five years -- Fingerprinting -- Disclosur - Kentucky Statutes

Download pdf

Loading PDF...

Page 1 of 2 160.151 Criminal background check on certified employees and student teachers in private, parochial, and church schools -- New criminal checks permitted every
five years -- Fingerprinting -- Disclosure -- Contractors, volunteers, and
visitors subject to check -- Employment of offenders by nonpublic schools. (1) (a) A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with the provisions of KRS
156.160(3) may require a national and state criminal background check on all
new certified hires in the school and student teachers assigned to the school
and may require a new national and state criminal background check on each
certified teacher once every five (5) years of employment. Certified
individuals who were employed in another certified position in a Kentucky
school within six (6) months of the date of the hire and who had previously
submitted to a national and state criminal background check for previous
employment may be excluded from the initial national or state criminal
background checks. (b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check
shall be conducted by the Department of Kentucky State Police or the
Administrative Office of the Courts. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by
the Department of Kentucky State Police after a state criminal background
check has been conducted. Any fee charged by the Department of Kentucky
State Police, the Administrative Office of the Courts, or the Federal Bureau of
Investigation shall be an amount no greater than the actual cost of processing
the request and conducting the search. (2) If a school requires a criminal background check for a new hire, the school shall conspicuously include the following disclosure statement on each application or
renewal form provided by the employer to an applicant for a certified position:
"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL
HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT
FOR THIS TYPE OF POSITION."
(a) For purposes of this subsection, "contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual
agreement with the school, school board, school district, or school-affiliated
entity, at times when students are present. The term "contractor" includes an
employee of a contractor. (b) The school or school board may require a contractor, volunteer, or visitor to submit to a national criminal history check by the Federal Bureau of
Investigation and state criminal history background check by the Department
of Kentucky State Police or Administrative Office of the Courts. Any request
for records under this section shall be on an applicant fingerprint card
provided by the Department of Kentucky State Police. The results of the state Page 2 of 2 criminal background check and the results of the national criminal history
background check, if requested, shall be sent to the hiring superintendent. Any
fee charged by the Department of Kentucky State Police shall be an amount
no greater than the actual cost of processing the request and conducting the
search. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by
KRS 17.165(2), has been convicted of a sex crime which is classified as a
felony as defined by KRS 17.165(1), or has committed a violent crime as
defined in KRS 17.165(3). A nonpublic school may employ, at its discretion,
persons convicted of sex crimes classified as a misdemeanor. (b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing the
provisions of this chapter may employ an individual who will have
supervisory or disciplinary authority over minors on probationary status
pending receipt of a criminal history background check. (c) Employment at a nonpublic school implementing the provisions of this chapter may be contingent on the receipt of a criminal history background
check documenting a record as a violent offender, of a sex crime, or of a
violent crime as defined in KRS 17.165. (d) Nonpublic schools implementing the provisions of this chapter may terminate probationary employment under this section upon receipt of a criminal history
background check documenting a record as a violent offender, of a sex crime,
or of a violent crime as defined in KRS 17.165. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 111, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 168, effective June 26, 2007. -- Amended 2006 Ky. Acts
ch. 182, sec. 17, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 285, sec. 1,
effective July 15, 2002.