22.1-296.1 - Data on convictions for certain crimes and child abuse and neglect required; penalty. - Virginia Statutes

§ 22.1-296.1. Data on convictions for certain crimes and child abuse andneglect required; penalty.

A. As a condition of employment for all of its public school employees,whether full-time or part-time, permanent, or temporary, every school boardshall require on its application for employment certification (i) that theapplicant has not been convicted of a felony or any offense involving thesexual molestation, physical or sexual abuse or rape of a child; and (ii)whether the applicant has been convicted of a crime of moral turpitude. Anyperson making a materially false statement regarding any such offense shallbe guilty of a Class 1 misdemeanor and upon conviction, the fact of saidconviction shall be grounds for the Board of Education to revoke suchperson's license to teach.

B. Every school board shall also require on its application for employment,as a condition of employment requiring direct contact with students, whetherfull-time or part-time, permanent, or temporary, certification that theapplicant has not been the subject of a founded case of child abuse andneglect. Any person making a materially false statement regarding a findingof child abuse and neglect shall be guilty of a Class 1 misdemeanor and uponconviction, the fact of said conviction shall be grounds for the Board ofEducation to revoke such person's license to teach.

C. As a condition of awarding a contract for the provision of services thatrequire the contractor or his employees to have direct contact with studentson school property during regular school hours or during school-sponsoredactivities, the school board shall require the contractor to providecertification that all persons who will provide such services have not beenconvicted of a felony or any offense involving the sexual molestation orphysical or sexual abuse or rape of a child.

Any person making a materially false statement regarding any such offenseshall be guilty of a Class 1 misdemeanor and, upon conviction, the fact ofsuch conviction shall be grounds for the revocation of the contract toprovide such services and, when relevant, the revocation of any licenserequired to provide such services. School boards shall not be liable formaterially false statements regarding the certifications required by thissubsection.

This subsection shall not apply to a contractor or his employees providingservices to a school division in an emergency or exceptional situation, suchas when student health or safety is endangered or when repairs are needed onan urgent basis to ensure that school facilities are safe and habitable, whenit is reasonably anticipated that the contractor or his employees will haveno direct contact with students.

(1985, c. 487; 1987, c. 359; 1996, c. 960; 1997, c. 103; 2003, c. 723; 2006,c. 790; 2007, cc. 245, 431; 2008, c. 555.)