2017 Kentucky Revised Statutes CHAPTER 160 - SCHOOL DISTRICTS .151 Criminal background check and letter verifying no finding of abuse or neglect for 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. (Effective July 1, 2018)
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160.151 Criminal background check and letter verifying no finding of abuse
or neglect for 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. (Effective July 1, 2018)
(1)
(2)
(a)
1.
A private, parochial, or church school that has voluntarily been
certified by the Kentucky Board of Education in accordance with
KRS 156.160(3) may require a national and state criminal
background check and require a letter from the Cabinet for Health
and Family Services stating that the person has no findings of
substantiated child abuse or neglect found through a background
check of child abuse and neglect records maintained by the Cabinet
for Health and Family Services 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 and require a
letter from the Cabinet for Health and Family Services stating that
the person has no findings of substantiated child abuse or neglect
found through a background check of child abuse and neglect
records maintained by the Cabinet for Health and Family Services
on each certified teacher once every five (5) years of employment.
2.
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 and require a letter from the Cabinet for Health
and Family Services stating that the person has no findings of
substantiated child abuse or neglect found through a background
check of child abuse and neglect records maintained by the Cabinet
for Health and Family Services 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.
If a school requires a criminal background check or requires a letter from the
Cabinet for Health and Family Services stating that the person has no findings
of substantiated child abuse or neglect found through a background check of
(3)
child abuse and neglect records maintained by the Cabinet for Health and
Family Services 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 AND A LETTER FROM THE CABINET FOR HEALTH
AND FAMILY SERVICES STATING THE EMPLOYEE IS CLEAR TO HIRE
BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE
AND NEGLECT RECORDS 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) 1.
The school or school board may require a contractor who works on
school premises during school hours and may require a contractor
who does not have contact with students, a volunteer, or a 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 and require a letter from the Cabinet for Health and Family
Services stating that the person has no findings of substantiated
child abuse or neglect found through a background check of child
abuse and neglect records maintained by the Cabinet for Health and
Family Services.
2.
Any request for records under this section shall be on an applicant
fingerprint card provided by the Department of Kentucky State
Police if required. The results of the state criminal background check
and the results of the national criminal history background check, if
requested, shall be sent to the hiring superintendent. If a
background check of child abuse and neglect records is requested,
the person seeking employment shall provide to the hiring
superintendent a letter from the Cabinet for Health and Family
Services stating the person has no findings of substantiated child
abuse or neglect found through a background check of child abuse
and neglect records maintained by the Cabinet for Health and
Family Services.
3.
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.
(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) or persons with a substantiated
(4)
finding of child abuse or neglect in records maintained by the Cabinet for
Health and Family Services. 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
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 or the receipt of a letter, provided
by the individual, from the Cabinet for Health and Family Services stating
that the person has no findings of substantiated child abuse or neglect
found through a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services.
(c) Employment at a nonpublic school implementing 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 or the receipt of a letter, provided by the
individual, from the Cabinet for Health and Family Services stating that
the person has no findings of substantiated child abuse or neglect found
through a background check of child abuse and neglect records
maintained by the Cabinet for Health and Family Services.
(d) Nonpublic schools implementing 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 or the receipt of a
letter, provided by the individual, from the Cabinet for Health and Family
Services stating that the person has no findings of substantiated child
abuse or neglect found through a background check of child abuse and
neglect records maintained by the Cabinet for Health and Family
Services.
The form for requesting a letter, required by this section, stating an employee
is clear to hire based on a background check of child abuse and neglect
records maintained by the Cabinet for Health and Family Services shall be
made available on the Cabinet for Health and Family Services Web site.
Effective:July 1, 2018
History: Amended 2017 Ky. Acts ch. 115, sec. 2, effective July 1, 2018. -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.
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