§ 256 - Continued validity of criminal record check; maintenance of records - Vermont Statutes

§ 256. Continued validity of criminal record check; maintenance of records

(a) Anyone required to request a criminal record check under this subchapter about a person who previously has undergone a check, regardless of whether the check was for student teaching, licensure or employment purposes, shall comply with that requirement by acquiring the results of the previous criminal record check unless:

(1) the person refuses to authorize release of the information;

(2) the record no longer exists; or

(3) since the record check, there has been a period of one year or more during which the person has not worked for a Vermont school district or independent school.

(b) A superintendent or headmaster who receives criminal record information under this subchapter shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the superintendent or headmaster shall destroy the information in accordance with the user agreement unless the person authorizes maintenance of the record. If authorized by the person, the superintendent or headmaster shall:

(1) if the information is a notice of no criminal record, securely maintain the information indefinitely; or

(2) if the information is a criminal record or notice of the existence of a criminal record, send it to the commissioner for secure maintenance in a central records repository.

(c) Upon authorization by the person, the commissioner shall release information maintained in the central records repository to a requesting superintendent or, in the case of a requesting headmaster, to the person. The commissioner shall maintain the notice or record in the repository at least until the person ceases working for a Vermont school district or independent school for a period of one year or more or until the person requests that the record be destroyed.

(d) The state board may adopt rules regarding maintenance of records. (Added 1997, No. 163 (Adj. Sess.), § 1.)

§ 256. Continued validity of criminal record check; maintenance of records

(a)(1) Anyone required to request a criminal record check and a check of the child protection and the vulnerable adult abuse, neglect, and exploitation registries under this subchapter about a person who previously has undergone one or both checks, regardless of whether the check was for student teaching, licensure or employment purposes, shall comply with that requirement by acquiring the results of the previous criminal record check unless:

(A) the person refuses to authorize release of the information;

(B) the record no longer exists;

(C) since the record check, there has been a period of one year or more during which the person has not worked for a Vermont school district or a recognized or an approved independent school; or

(D) as otherwise required by this chapter.

(2) Anyone required to request a criminal record check under this subchapter about a person who has previously undergone a check may request a name and date of birth or fingerprint-supported recheck of the criminal record at any time during the course of the record subject's employment in the capacity for which the original check was required. Rechecking criminal records may be accomplished through a subscription service.

(b) A superintendent or headmaster who receives criminal record or registry information under this subchapter shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the superintendent or headmaster shall destroy the information in accordance with the user agreement unless the person authorizes maintenance of the record. If authorized by the person, the superintendent or headmaster shall:

(1) if the information is a notice of no criminal record, securely maintain the information indefinitely; or

(2) if the information is a criminal record or notice of the existence of a criminal record, send it to the commissioner for secure maintenance in a central records repository.

(c) Upon authorization by the person, the commissioner shall release information maintained in the central records repository to a requesting superintendent or, in the case of a requesting headmaster, to the person. The commissioner shall maintain the notice or record in the repository at least until the person ceases working for a Vermont school district or independent school for a period of one year or more or until the person requests that the record be destroyed.

(d) The state board may adopt rules regarding maintenance of records. (Added 1997, No. 163 (Adj. Sess.), § 1; 2009, No. 1, § 6, eff. Dec. 31, 2010.)