ECS
From the ECS State Policy Database
1994-2012

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies ECS has tracked in this database since 1994. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ 21st Century Skills
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--Learnfare
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--College Entrance Exams
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ Assessment--Legal Issues
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ Assessment--Value Added
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
- Background Checks
MATo governor 12/2012P-12Requires the Board of Education to conduct a fingerprint-based background test before issuing a teacher or child care license. Directs the board to develop procedures for dissemination of criminal background records to districts, townships, and school principals periodically, but not less than every three years.

http://www.malegislature.gov/Bills/187/House/H04307
Title: H.B. 4307
Source: http://www.malegislature.gov

RISigned into law 06/2012P-12This act would require that individuals seeking to participate in any mentoring program whereby the individual would be working with a student or students as a mentor or in a mentoring situation would be required to undergo a criminal background check similar to other employees in a public or private school..
http://www.rilin.state.ri.us/BillText12/HouseText12/H7077.pdf
Title: H.B. 7077
Source: http://www.rilin.state.ri.us

IDSigned into law 04/2012P-12Provides more transparency and open communication between Idaho's public schools and the
Professional Standards Commission with regard to investigations and status of review of complaints
and charges of unethical conduct which may impact upon the employment decisions and employee
status of Idaho's certificated public employees.

Defines for Idaho public schools the specific information to be conveyed between public schools
associated with employee applicants.

Provides greater clarity relating to "provisional employment" of certificated personnel as there
is no manner or mechanism currently available allowing for such a provisional retention and
no manner in which to address employment decisions associated with subsequently provided
performance materials once an employee has been provisionally retained. http://legislation/2012/H0564E2.pdf
Title: H.B. 564
Source: legislature.idaho.gov

ALSigned into law 03/2012P-12Makes clarifying changes to the laws governing certain criminal history background checks, and provides for permissive referrals for prosecution or for termination of employment. Clarifies which employees of the department of human resources are required to undergo criminal history background checks. Eliminates certain requirements that the department of human resources request certain criminal background information from the department of education for individuals who have had a criminal background check through the department of education.Provides for: (1) The transmission of criminal history reports from the department of public safety to the department of human resources via a FBI-certified channeler; (2) the transmission of criminal history reports to applicants that have disqualifying crimes; and (3) further clarification of the department of public safety's duties regarding the transmission of arrests or convictions or subsequent arrests or convictions for applicants. Also clarifies which types of suitability determinations may be considered for reversal.
Title: S.B. 60
Source:

VASigned into law 03/2012P-12
Postsec.
Clarifies that teachers of online courses and in college partnership laboratory schools shall, as a condition of employment requiring direct contact with students, provide written consent and the necessary personal information to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services.
http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+HB577ER+pdf
Title: H.B. 577
Source: http://leg1.state.va.us/

SDSigned into law 02/2012P-12Permits a school district, at the discretion of the school district, to pay the fees charged for any criminal background investigation that is required by law for a prospective employee. http://legis.state.sd.us/sessions/2012/Bills/HB1124ENR.pdf
Title: H.B. 1124
Source: legis.state.sd.us

SDSigned into law 02/2012P-12Allows for the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee.
http://legis.state.sd.us/sessions/2012/Bills/SB106ENR.pdf
Title: S.B. 106
Source: http://legis.state.sd.us

ILSigned into law 08/2011P-12Provides that upon request of a school, school district, community college district, or private school, any information obtained by a school district pursuant to provisions concerning criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database within the last 5 years must be made available to that school, school district, community college district, or private school. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0248.pdf
Title: H.B. 1240
Source: www.ilga.gov

MISigned into law 07/2011P-12From Legislative Staff Summary - Specifies provisions that must apply to personnel decisions concerning teachers when a school district or intermediate school district (ISD) conducts a staffing or program reduction or otherwise makes a personnel determination resulting in the elimination of a position, conducts a recall from a reduction, or hires after a reduction.

Teacher and Administrator Evaluation:

Establishes requirements for the teacher evaluation system, including an annual year-end evaluation and a mid-year progress report, beginning with the 2013-2014 school year. Requires a teacher to be dismissed if he or she is rated as ineffective on three consecutive year-end evaluations. Allows a nonprobationary teacher who is rated as ineffective on a year-end evaluation to request a review of the rating by the district superintendent. Specifies classroom observation requirements. Establishes requirements for the evaluation of school administrators. Requires the dismissal of an administrator who is rated as ineffective on three consecutive year-end evaluations, if the same evaluation tool and system are used in the three evaluations. Requires teachers' and administrators' year-end evaluations to be based at least 25% on student growth and assessment data in 2013-2014, 40% in 2014-2015, and 50% beginning in 2015-2016. Exempts a district from the teacher and administrator evaluation requirements for a public school if the district is already using a performance evaluation system that meets certain criteria, or if it adopts an evaluation system that is identical to that of an exempt school. Requires notification to parents if pupils are assigned to teachers whose last two year-end ratings were ineffective, beginning in 2015-2016.

Governor's Council on Educator Effectiveness:

Creates the Governor's Council on Educator Effectiveness. Requires the Council, by April 30, 2012, to submit a report that recommends a student growth and assessment tool, State evaluation tools for teachers and administrators, and parameters for effectiveness rating categories. Specifies a legislative intent to enact legislation to put in place a statewide performance evaluation system taking into account the Council's recommendations. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0102.htm
Title: H.B. 4627
Source: http://www.legislature.mi.gov

NHBecame law without governor's signature 07/2011P-12Amends the length of time required for a teacher to be entitled to the rights of notification and hearing for failure to be renominated or reelected. Declares that in cases of nonrenomination or nonreelection because of reduction in force, the reduction in force shall not be based solely on seniority. Also limits a petition for review as the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.
http://www.gencourt.state.nh.us/legislation/2011/SB0196.html
Title: S.B. 196
Source: http://www.gencourt.state.nh.us/

ILSigned into law 06/2011P-12(Does not apply to Chicago Public Schools (CPS), as CPS already requires hiring for new and vacant positions to be based on seniority.) Specifies that selection of a candidate for a new or vacant teaching position must be based on consideration of factors including certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, and not length of continuing service with the district, unless all other factors are determined to be equal. Provides a school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures provided that the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provides that existing provisions in collective bargaining agreements on filling new and vacant positions must remain in full force and effect for the term of the agreement, unless terminated by mutual agreement. Pages 13-14: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf
Title: S.B. 7 - Seniority Should Not Be Used in Hiring Decisions
Source: www.ilga.gov

MESigned into law 06/2011P-12Extends employment reference immunity to employees of local school districts. Provides that an employee of a school district t who discloses information about a former employee's job performance or work record to a prospective employer of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC397.asp
Title: H.P. 1030
Source: http://www.mainelegislature.org

OHSigned into law 06/2011P-12Requires that staff at a nonpublic school participating in the Jon Peterson special needs scholarship program or at a college-preparatory boarding school undergo criminal background checks. Permits the chief administrator of a registered private provider participating in the autism scholarship program to request criminal background information. Specifies that when the superintendent receives a request from a nonpublic school participating in the Jon Peterson special needs scholarship program or the autism scholarship program, the superintendent must proceed as if the request came from a local board
Pages 79-100 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf
Title: H.B. 153 - Background Checks at Certain Schools
Source: www.legislature.state.oh.us

PASigned into law 06/2011P-12Creates a new avenue for mid-career professionals to joing the teaching ranks through the use of "residency" certificates that allow for a streamlined process for professionals with expertise in key fields, such as science and mathematics, to earn a teaching certificate and bring their knowledge into the classroom. Provides that a candidate holding a valid instructional certificate issued by another state may be eligible for a comparable Pennsylvania certificate upon satisfying certain requirements. Grants to Secretary of Educatio n specific powers and duties with respect to post baccalaureate certification programs for residency teaching certificate programs, intern certificate programs and alternative certification programs. Background checks: imposes a time period for employment based upon degree of offense.
Link to Fiscal Note: http://www.legis.state.pa.us/WU01/LI/BI/FN/2011/0/HB1352P2227.pdf
Title: H.B. 1352
Source: http://www.legis.state.pa.us

TXSigned into law 06/2011P-12Directs the Sunset Advisory Commission to review the education agency's jurisdiction and control over driver education and driving safety schools, and to report to the legislature and governor whether another state
agency should have jurisdiction and control over driver education and driving safety schools. Amends processes for the provision of driver education certificates. Requires that drivers education instructors undergo a national criminal background check, and pay a fee for the review. Requires that information collected to perform the criminal background check be kept confidential; provides exceptions. Requires that a drivers education school discharge or refuse to hire an individual if the criminal background check indicates the individual has been (a) convicted of (1) a felony, (2) an offense that requires the individual to register as a sex offender, or (3) an offense equivalent to (1) or (2), and (b) the victim of (1), (2), or (3) was under the age of 18 or enrolled in a public school at the time of the offense. Also requires the individual's driver education instructor license to be suspended or revoked if s/he is found to have been convicted of any of the aforementioned offenses. Provides exceptions. Permits a driver education school to discharge an instructor if the school obtains information that the employee has been convicted of a felony or misdemeanor involving moral turpitude that the employee did not disclose to the school or agency.

Permits a driver education instructor license to be issued to an individual who has completed nine semester hours of driver and traffic safety education or a program of study in driver education approved by the commissioner from an approved driver education school but who does not hold a drivers education certificate, but provides that the individual may provide instruction only for a driver education school in a county with a population of at least 275,000 but not more than 285,000 and that is operated by a private K-12 school or open-enrollment charter school. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02678F.pdf#navpanes=0
Title: H.B. 2678
Source: www.capitol.state.tx.us

TXSigned into law 06/2011Postsec.Amends definition of "security-sensitive position" to include any employee who has access to (1) another person's personal information or identifying information or (2) the financial information of the employer or another person. Adds the Texas Higher Education Coordinating Board as an entity entitled to obtain criminal history record information on an applicant for a security-sensitive position. Clarifies that such criminal history record information obtained by the coordinating board or an institution of higher education must be destroyed as soon as practicable after the individual becomes employed in a security-sensitive position and after the expiration of any probationary term of employment or, if the individual is not hired for a security-sensitive position, after the information is used for its authorized purpose. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02937F.pdf#navpanes=0
Title: H.B. 2937
Source: www.capitol.state.tx.us

TXSigned into law 06/2011P-12Specifies that contracting or subcontracting entities may not allow an employee to provide services at a school if the employee has been convicted of a felony or misdemeanor that would by statute prevent a person from being employed by a district, charter school or shared services agreement (previous provision prohibited contractor from providing services if individual's felony or misdemeanor conviction would by statute prevent him/her from obtaining certification). http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB01042F.pdf#navpanes=0
Title: S.B. 1042
Source: www.capitol.state.tx.us

TXSigned into law 06/2011P-12Defines "campus program for minors" as a program operated by or on the campus of a public or private/independent institution of higher education that is not a day camp, and offers recreational, athletic, religious or educational activities for at least 20 campers who are not enrolled at the institution and who attend or temporarily reside at the camp for all or part of at least four days. Provides a program operator may not employ an individual in a position involving contact with campers at a campus program for minors unless the individual has completed a training and examination program on sexual abuse and child molestation in the last two years. Provides this provision does not apply to a student enrolled at the institution of higher education operating the campus program for minors or at which the campus program is conducted, and whose contact with campers is limited to a single class of short duration. Identifies procedural requirements for program operators. Requires the executive commissioner of the Health and Human Services Commission by rule to establish criteria and guidelines for the training and examination program on sexual abuse and child molestation. Permits the department of state health services ("department") to assess a fee to cover the costs associated with training and administration related to these provisions. Directs the department at least every five years to review each training and examination program on sexual abuse and child molestation approved by the department to ensure the program continues to meet the criteria and guidelines established by rule. Permits the department to investigate a person suspected of violating these provisions or a rule adopted under these provisions. Directs a program operator to consider the costs of compliance with these provisions in determining any charges or fees imposed and collected for participation in the campus program for minors. http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB01414F.pdf#navpanes=0
Title: S.B. 1414
Source: www.legis.state.tx.us

COSigned into law 05/2011P-12Adds criminal offenses and circumstances that disqualify individuals from employment at districts and schools, based primarily on background checks. The bill also describes offenses and circumstances that prompt suspending or revoking a license, certificate or endorsement.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/4DDFC21CE9178BCD87257808008040AC?Open&file=1121_enr.pdf
Title: H.B. 1121
Source: http://www.leg.state.co.us

INSigned into law 05/2011P-12Amends and adds certain crimes for which the department of education must revoke the licence of a school employee. Requires applicants for certain licensed health professions to submit to a national criminal history background check. Requires the department to release the results of the national criminal history background check to the Indiana professional licensing agency (agency). Authorizes a licensing board to suspend, deny, or revoke a license if the applicant or license holder has been convicted of specified offenses. Requires the department and the agency to enter into a memorandum of understanding to provide data exchange and data matching regarding licensees who are charged with or convicted of an offense. Requires the personal information data exchanged to be kept confidential. Allows the board of a regulated occupation to designate a person to act on behalf of the board to perform certain duties when seeking a cease and desist order.
http://www.in.gov/legislative/bills/2011/SE/SE0363.1.html
Title: S.B. 363
Source: http://www.in.gov

MDSigned into law 05/2011P-12Conforms the provisions of state law relating to discrimination in the employment of public school employees to other provisions of state law governing discrimination in employment by adding ancestry, age, marital status, and sexual orientation as protected classes. http://mlis.state.md.us/2011rs/chapters_noln/Ch_322_hb0202T.pdf
Title: H.B. 202
Source: http://mlis.state.md.us

TNSigned into law 05/2011P-12Eliminates the requirement that written notices of termination for K-12 teachers in public schools contain a statement of prior authorization by a majority vote of the local school board with the name of the teacher recorded.
http://www.capitol.tn.gov/Bills/107/Bill/HB0731.pdf
Title: H.B. 731
Source: http://www.capitol.tn.gov

TNSigned into law 05/2011P-12Authorizes substitute teachers to be employed and paid by a local education agency (LEA) or by a third party provider. Substitute teachers employed by a third party provider shall receive the same unemployment benefits as substitute teachers employed by local education agencies.
http://www.capitol.tn.gov/Bills/107/Bill/SB1674.pdf
Title: S.B. 1674
Source: http://www.capitol.tn.gov

DESigned into law 04/2011P-12Implements the recommendations of the Senate's Teacher Hiring Task Force. Creates an estimated unit count each March, which the Department of Education will conduct using existing resources. The state will guarantee that school districts receive unit funds for the following school year equivalent to 98% of the estimated unit count. This will allow districts to make offers of employment to new teachers in the late spring and early summer.  The Act also requires greater transparency by school districts with respect to their hiring practices.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+16/$file/legis.html?open
Title: S.B. 16
Source: http://legis.delaware.gov

IDSigned into law 04/2011P-12Oversight moved from the state board of education to the Professional Standards Commission. School districts - employees - Amends and adds to existing law to revise procedures, processes and fees before the Professional Standards Commission; to provide for an applicant for employment at a school district to sign a release that prior personnel files shall be released to the district, to provide immunity from liability and to provide penalties for disclosure of information. Adds language to Section 33-1209 on "Proceedings to Revoke, Suspend, Deny or Place Reasonable Conditions on a Certificate, Letters of Reprimand, Complaint, Subpoena Power, Hearing" stating that, upon receipt of a written and signed allegation of ethical misconduct, the chief certification officer, in conjunction with the attorney general and the professional standards commission investigator conduct a review of the allegation to determine if the complaint should be remanded to the school district to be resolved locally or to open an investigation and forward the case to the Professional Standards Commission. Within fourteen (14) days of the decision, the chief certificiton officer is to notify the complainant and teacher in writing that an investigation will be conducted and the teacher should be afforded an opportunity to respond to the allegation verbally and in writing prior to the issuance of the complaint. The executive committee of the Professional Standards Commission is to review the circumstances of the case at one of the next two regularly scheduled meetings. Timeline is set for processing the complaint. For any person certified in another state and applying for certification in Idaho, the chief certification officer is instructed to deny an application if there are any unsatisfied conditions on such current or previously issues certificate or if there is any form of pending investigation by a state agency concerning the applicant's teaching license or certificate.
http://legislature.idaho.gov/legislation/2011/H0201.pdf
Title: H.B. 201
Source: http://legislature.idaho.gov

NYSigned into law 04/2011P-12Allows nonpublic schools to contract with BOCES for criminal background checks. http://assembly.state.ny.us/leg/?default_fld=&bn=A06611%09%09&Summary=Y&Memo=Y&Text=Y
Title: A.B. 6611
Source: assembly.state.ny.us

FLSigned into law 03/2011P-12Provides that before transferring a teacher, the district superintendent must provide the principal of the receiving school with the teacher's student performance records. Permits a principal to refuse the placement unless the instructor has a performance rating of effective or highly effective.
http://laws.flrules.org/files/Ch_2011-001.pdf
Title: S.B. 736 - Teacher Transfers
Source: laws.flrules.org

IDSigned into law 03/2011P-12Section 33-515 states that it is the intent of the legislature that after January 31, 2011, no new employment contract between a school district and a certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship. Therefore, no board of trustees has the authority to enter into any renewable contract with any certificated or other employee hired by such district, except as specifically addressed by section 33-515 and 33-514 (3), Idaho Code. For any certificated employees already holding renewable contract status with a district as of January 31, 2011, the employees have the right to the continued automatic renewal of that employee's employment contract. For those employees not grandfathered in, there are two categories of annual contracts. A category A contract is a limited -year contract for certificated personnel in the first or greater years of continuous employment with the same district. A category B contract is a limited 2-year contract that may be offered at the sole discretion of the board of trustees who may choose to add an additional year to such a contract upon the expiration of the first year, resulting in a new 2-year contract. For employees whose contracts will not -- at the board's discretion -- be renewed, notice must be provided to the employee in writing by July 1. Employees must be given, upon request, the opportunity for an informal review of such a decision by the board of trustees. Provides other provisions relating to reductions in force; and to provisions relating to contract negotiations and establishing contracts. Part 2 of 3 part Children Come First legislation.
http://legislature.idaho.gov/legislation/2011/S1108.pdf
Title: S.B. 1108
Source: http://legislature.idaho.gov/

UTSigned into law 03/2011P-12Prohibits districts from using a last-hired-first-fired layoff policy when terminating school district employees. Permits a district to consider the results of an employee's performance evaluation and a school's personnel needs when terminating an employee. During the 2011 interim, directs the education interim committee, in consultation with the state board of education, to study how teacher performance may be evaluated for purposes of awarding or eliminating teacher career employee status. http://le.utah.gov/~2011/bills/sbillenr/sb0073.pdf
Title: S.B. 73
Source: le.utah.gov

UTSigned into law 03/2011P-12Identifies conditions under which a retiree's retirement allowance may not be cancelled if a retiree is reemployed by a participating employer within a year of the retiree's retirement date. Directs the state retirement office to cancel a retiree's retirement allowance for the remainder of the calendar year if the reemployment with a participating employer exceeds a specified dollar amount. Provides taht if a retiree is reemployed, the last day of reemployment is considered the retiree's retirement date for the purpose of calculating the separation requirement. http://le.utah.gov/~2011/bills/sbillenr/sb0127.pdf
Title: S.B. 127
Source: le.utah.gov

ILSigned into law 12/2010P-12Authorizes a fee, not to exceed the cost of the background check, to be charged to applicants seeking employment as a substitute teacher. Provides that in order to substitute teach in the public schools, a person holding valid certification must register as a substitute teacher with the regional superintendent of schools in each educational service region where the person will be employed. Specifies that the registrant is responsible for:
--The payment of fees to register the certificate for its period of validity
--Authorization of a state-level background check (and for the payment of the related costs)
--Evidence of physical fitness and freedom from communicable disease.

Places responsibility for recordkeeping for substitute teacher certification, background checks and physical exam results on regional superintendents. Directs a regional superintendent of schools to issue a signed and sealed certificate of authorization to the substitute teacher verifying that he/she has completed the registration process and criminal background check and has a physical examination and negative tuberculin test on file, and is approved to substitute teach in the educational service region. Requires that this certificate be presented to all prospective employing school districts in the educational service region, and that each employing district maintain a photocopy of the certificate with employment records for the substitute teacher. Requires that persons wishing to substitute teach in more than one educational service region register as a substitute teacher with each appropriate regional superintendent of schools. Provides that if the substitute teacher has been issued a signed and sealed certificate of authorization from another regional
superintendent of schools, the registering entity may photocopy the certificate for its files and verify the substitute teacher's registration status.

Bill becomes effective January 1, 2011.
Bill text: http://www.ilga.gov/legislation/96/HB/PDF/09600HB5863lv.pdf
Governor's veto message: http://www.ilga.gov/legislation/96/HB/PDF/09600HB5863gms.pdf
Title: H.B. 5863
Source: www.ilga.gov

CASigned into law 09/2010P-12Applies specified background check procedures to heritage schools, which serve children between the ages of 5 and 18 who attend a public or private full-time school, and offer foreign language education or tutoring and cultural education relating to a foreign country.

Requires heritage schools to maintain membership in a state or national cultural or language association, comply with relevant applicable local regulations, and not operate out of a residential home. Requires the director of a heritage school to undergo at least 15 hours of health and safety training, and requires employees and volunteers of the heritage school to be in good health, as verified by a health screening performed by a licensed physician and surgeon. Exempts a heritage school from licensure by the state department of social services as a child day care center. Requires a heritage school to provide a notice to the parent of a pupil enrolling in the school stating that the school is exempt from child care licensure and that attendance at a heritage school does not satisfy state compulsory education requirements.

Establishes the Heritage Enrichment Resource Fund. Authorizes the superintendent to expend moneys deposited in the fund, upon appropriation by statute.
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1101-1150/sb_1116_bill_20100924_chaptered.pdf
Title: S.B. 1116
Source: www.leginfo.ca.gov

CASigned into law 08/2010P-12Existing law requires the commission on teacher credentialing to send on a monthly basis to each private school a list of all teachers who have had their state teaching credential revoked or suspended. New provision instead requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential.
Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2651-2700/ab_2685_bill_20100823_chaptered.pdf
Bill analysis: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2651-2700/ab_2685_cfa_20100803_103810_sen_floor.html
Title: A.B. 2685
Source: www.leginfo.ca.gov

CASigned into law 07/2010P-12Amends Section 45125.01. Adds to existing provision allowing a single district or county superintendent to act on behalf of multiple districts to run a background check if a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position not requiring certification qualifications in multiple school districts within a county. New provision extends this provision to include background checks on noncertificated candidates assuming a paid or volunteer position.

Amends Section 49024. Specifies that a parent volunteering in a classroom or on a field trip, or a community member providing noninstructional services, is included in the definition of "nonteaching volunteer aide" (and as such, is not required to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing). Adds that the requirement to obtain a certificate does not
apply to a candidate who is required by the school district to clear a Department of Justice and FBI criminal background check prior to beginning the paid or volunteer activities.
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_346_bill_20100709_chaptered.pdf
Title: A.B. 346
Source: www.leginfo.ca.gov

NCSigned into law 07/2010P-12Requires superintendents to report to the state board of education on career employees who resign without the written agreement of the superintendent and have been recommended for dismissal; Provides that the employee will be viewed as having consented to: (1) having written notice of the superintendent's intention to recommend dismissal placed in the employee's personnel file and (2) the release, upon request, to prospective employers of the fact that the superintendent has reported the employee to the state board and that pending a state board investigation to determine whether to pursue action against the employee's license, the employee will be deemed to have voluntarily surrendered his or her license for up to 45 days from the date of the resignation. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H1377v6.pdf
Title: H.B. 1377
Source: http://www.ncga.state.nc.us

NHSigned into law 07/2010P-12This bill requires the superintendent to notify, in writing, all qualified education support personnel and non-certified school district employees who have completed their probationary employment period of the intent to continue or not to continue that employment into the next school year.
http://www.gencourt.state.nh.us/legislation/2010/HB1411.html
Title: H.B. 1411
Source: http://www.gencourt.state.nh.us

GASigned into law 05/2010P-12Replaces requirement that the department of education (DOE) annually send each school a list of all registered sex offenders with requirement that DOE provide each school with access to such information. http://www.legis.state.ga.us/legis/2009_10/pdf/hb651.pdf
Title: H.B. 651
Source: www.legis.state.ga.us

OKSigned into law 05/2010P-12Allows a local board to request in writing to the state board that a national criminal history record check be conducted on any school employee and requires that one be conducted for a prospective employee.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2199_ENR.RTF
Title: S.B. 2199
Source: http://webserver1.lsb.state.ok.us

SCSigned into law 05/2010P-12Criminal Record Search: Requires individuals hired by a local school board to serve in any capacity in a public school to undergo a criminal record search conducted by the local school district using records maintained by the state law enforcement division; requires a local school board to adopt, by August 1, 2010, a written policy that specifies the required criminal record search as well as how the information received from the search impacts hiring decisions; the board policy must stipulate whether the district or the applicant assumes the cost of the criminal record search and must include, at a minimum (1) a prohibition of hiring individuals convicted of violent crimes as defined in state statute and (2) hiring recommendations relative to felony convictions and relevant just-cause examples as provided in state statute; directs the state law enforcement division, working with the department of education, to provide training to appropriate school district personnel regarding appropriate use of the information provided in criminal record searches.

Sex Offender Registry Check: Requires school districts to perform a national sex offender registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students; directs the state law enforcement division, working with the department of education, to provide training to appropriate district personnel on the appropriate uses of the database; requires the board to adopt, by August 1, 2010, a written policy that specifies the sex offender registry check as well as how information received from the search impacts hiring decisions; requires the policy to include, at a minimum, a prohibition of hiring individuals required to register as sex offenders pursuant state statute. http://www.scstatehouse.gov/sess118_2009-2010/bills/4248.htm
Title: H.B. 4248
Source: http://www.scstatehouse.gov

KYSigned into law 04/2010P-12Requires the state board of education or any agency designated by the state board to manage interscholastic athletics to promulgate administrative regulations that permit the hiring of a nonteaching or noncertified person in a coaching position. Requires that a person employed in a coaching position be a high school graduate and at least 21 years old, and submit to a background check. Requires that the administrative regulations specify post-hire requirements for persons employed in coaching positions. Authorizes a local school board to specify post-hire requirements for personnel employed in coaching positions in addition to those specified in administrative regulations. Encourages the state board of education or any agency designated by the state board to manage interscholastic athletics to schedule athletic competitions outside the regularly scheduled school day. Permits a student on a school-sponsored athletic team competing during the school day in a regional or state tournament sanctioned by the state board or other agency designated to manage interscholastic athletics to be counted present during the days of the competition, for up to two days a year. http://www.lrc.ky.gov/record/10RS/HB327/bill.doc
Title: H.B. 327
Source: www.lrc.ky.gov

KYSigned into law 04/2010P-12Permits private, parochial and church schools to require a national and state criminal background check on each certified teacher once every five years of employment after the initial check. http://www.lrc.ky.gov/record/10RS/HB447/bill.doc
Title: H.B. 447
Source: www.lrc.ky.gov

TNSigned into law 04/2010P-12Requires approval by the director of schools or the director's designee for a teacher to take personal leave on days when professional development, in-service training, or parent-teacher conferences are scheduled, according to a school calendar adopted by the local board of education prior to the commencement of the school year.
http://www.capitol.tn.gov/Bills/106/Bill/SB2630.pdf
Title: S.B. 2630
Source: http://www.capitol.tn.gov

ALSigned into law 03/2010P-12Adds new Section 36-6-49.25. Relates to commercial driver licenses issued by the department of public safety. Effective July 2010, prohibits the issuance or renewal of a commercial driver's license with an endorsement authorizing the license holder to drive a school bus (S endorsement) if the person is required to register as a sex offender. Directs the department to revoke the commercial driver license with an S endorsement of any person convicted of any offense on or after July 1, 2010. Requires the department of public safety to search both the statewide registry and the National Sex Offender Public Registry before issuing a commercial driver license with an S endorsement to an applicant. Provides that a person driving a school bus and who does not have a valid commercial driver license with an S endorsement because the person is a convicted sex offender is guilty of a Class C felony.
Title: H.B. 144
Source: www.lexis.com

UTSigned into law 03/2010P-12Modifies provisions regarding criminal background checks for employees of, or volunteers at, school districts, charter schools and private schools. Defines "contract employees" (staffing service employees) and includes them among school employees who must undergo background checks. Directs a district or charter school to require an employee to periodically submit to a criminal background check in accordance with state board or local board/charter school policies. Provides that a district, charter school or private school may require an applicant or employee to pay for the costs of a periodic criminal background check. Allows the state board of education to require an educator to submit to a criminal background check where reasonable cause exists. Requires a district or charter school to resolve any request for a review of a denial of or dismissal from employment through administrative procedures established by the school district or charter school. http://le.utah.gov/~2010/bills/hbillenr/hb0081.pdf
Title: H.B. 81
Source: le.utah.gov

ALSigned into law 02/2010P-12Provides that after determining the state board's proposed July 2009 amendment to Rule 290-4-1, creating the "Alabama Educator Code of Ethics," was ambiguous and incapable of being enforced as currently drafted, the legislative joint committee disapproved the proposed rule change and proposed a revised rule to be adopted by the board. Provides the state board of education refused to accept the recommended amendment and resubmit the revised rule while continuing to support the original proposed rule. Provides that because the state board of education refused to accept the proposed amendment and resubmit the revised rule proposed by the Joint Committee, the decision of the Joint Committee to disapprove the proposed amendment to Rule 290-4-1, entitled "Education Accountability," is sustained.
Title: S.J.R. 9
Source: www.lexis.com

ILAdopted 01/2010P-12Requires each applicant for issuance, renewal or registration of an Illinois certificate or for the addition of another credential (e.g., endorsement, approval, designation) to indicate whether he/she has ever had a certificate denied, suspended or revoked in Illinois or any other state. Pages 214-215 of 293: http://www.cyberdriveillinois.com/departments/index/register/register_volume34_issue5.pdf
Title: 23 IAC 25.485
Source: www.cyberdriveillinois.com

UTAdopted 01/2010P-12Revised provision clarifies that the Utah State Office of Education (USOE) must review reports received from the department of public safety (DPS) regarding arrests/convictions of current or prospective licensees (prior language referred only to reviewing data received from employers on currently licensed educators). Requires current or prospective licensees who are arrested or convicted to immediately submit fingerprints to the DPS for a background check. Requires the USOE to place a flag on the licensee's CACTUS [licensed educator data] file indicating a background check issue, and to evaluate the need for potential licensing action. http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33052.htm
Title: R277-516
Source: www.rules.utah.gov

OHSigned into law 12/2009P-12Directs the department to amend rule 3301-83-23 of the Ohio Administrative Code (OAC) that took effect August 27, 2009, and that specifies the offenses that disqualify a person for employment as a school bus or school van driver and establishes rehabilitation standards for school bus and school van drivers. Provides that beginning on the effective date of the legislatively required amendments to OAC Rule 3301-83-23, any
person who is the subject of a criminal records check and who has been convicted of or pleaded guilty to any offense that disqualifies him/her for employment to operate a pupil transportation vehicle may not be hired or must be released from employment unless the person meets the rehabilitation standards prescribed by the rule. Pages 8-16 of 18: http://www.legislature.state.oh.us/BillText128/128_HB_19_EN_N.pdf
Title: H.B. 19 - School Bus/Van Drivers
Source: www.legislature.state.oh.us

UTAdopted 11/2009P-12Provides a new section that requires all licensed Utah educators when renewing their Utah educator licenses to submit fingerprints for a background check to the department of public safety (DPS). Requires the Utah State Office of Education (USOE) to provide DPS with a list of all licensed Utah educators and identifying information to be maintained in a database developed by DPS in consultation with the USOE. http://www.rules.utah.gov/publicat/code/r277/r277-501.htm
Title: R277-501
Source: www.rules.utah.gov

CASigned into law 10/2009P-12Requires a noncertified candidate, prior to assuming a paid or volunteer position to supervise, direct, or coach a pupil activity program sponsored by, or affiliated with, a school district, to obtain a specified clearance certificate from the Commission on Teacher Credentialing upon verification that the candidate meets specified requirements. Provides that the certificate is issued initially for five years, and may be renewed. Requires the commission to submit certain information to the obtain state and federal criminal background information prior to the issuance of a certificate. Authorizes a fee for the certificate. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1001-1050/ab_1025_bill_20091011_chaptered.pdf
Title: A.B. 1025
Source: www.leginfo.ca.gov

UTAdopted 09/2009P-12Provides procedures for requiring licensed public education employees to report certain types of arrests, including sex-, drug- or alcohol-related arrests, to employers within 48 hours or as soon as possible. Require school districts and charter schools to conduct periodic background checks for non-licensed employees. Requires school districts/charter schools to adopt policies requiring reporting of designated offenses by non-licensed public employees and all employees who drive motor vehicles as an employment responsibility. Establishes state office of education responsibilities for the review of arrest/conviction information from licensed educators. According to rule analysis, this rule is prompted by a legislative audit. http://www.rules.utah.gov/publicat/bulletin/2009/20090701/32735.htm


Title: R277-516
Source: www.rules.utah.gov

ILSigned into law 08/2009P-12Provides that it is a state attorney's duty to notify the state superintendent of education, the applicable regional superintendent of schools, and the superintendent of the employing school district or the chief school administrator of the employing nonpublic school, upon the conviction of any individual known to possess a certificate issued under the school code of any of certain sex offenses or felony convictions, including the offense of grooming and traveling to meet a minor. Requires teachers institutes to include training on educator ethics and teacher/student conduct. Clarifies 105 ILCS 5/10-21.9(c) to provide that no school board may knowingly employ a person who has been convicted of any offense that would subject him or her to certification suspension or revocation pursuant to Section 21-23a of the School Code. Transfers responsibility for beginning certificate suspension and revocation proceedings from the appropriate regional superintendent of schools to the state superintendent. Requires the superintendent of the employing school board to provide written notification to the regional and state superintendents of any certificate holder whom he or she has reasonable cause to believe has committed an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, and that act resulted in the certificate holder's dismissal or resignation from the school district.

Requires local boards, at least once every two years, to conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel. Provides that no one who has been convicted of an offense set forth in Section 21-23a of the School Code may be certified to teach or supervise in the public schools. Adds circumstances under which an applicant with a felony conviction may submit character references or other written
material before such a conviction or other information regarding the applicant's character may be used by the state superintendent of education as a basis for denying the application. Clarifies that the state superintendent of education has the exclusive authority to initiate certificate suspension or revocation, including for child abuse or neglect. Provides that the state superintendent is not under obligation to initiate an investigation of a certificate holder if the Department of Children and Family Services is investigating the same or substantially similar allegations. Provides that if the state superintendent of education does not receive a request for a hearing within 10 days after the individual receives notice, the suspension or revocation must immediately take effect in accordance with the notice. Clarifies that a hearing will act as a stay of proceedings until the state teacher certification board issues a decision. Repeals and replaces certain other existing language regarding hearings and repeals/suspensions of certificates.

Adds "conspiracy to commit first degree murder " and "attempted conspiracy to commit first degree murder" to crimes enumerated in 105 ILCS 5/21-23a for which a conviction is grounds for revocation of certification. http://www.ilga.gov/legislation/96/SB/PDF/09600SB2071lv.pdf
Title: S.B. 2071
Source: www.ilga.gov/legislation

ILSigned into law 08/2009P-12Requires charter schools to run criminal history records checks and checks of the Statewide Child Murderer and Violent Offender Against Youth Database of applicants for employment. Increases from 14 to 30 days the time period for the state board to approve charter proposals.
Pages 46-53 of 63: http://www.ilga.gov/legislation/96/SB/PDF/09600SB1977lv.pdf
Title: S.B. 1977 - Charter Schools
Source: www.ilga.gov

OHRule Adoption 08/2009P-12Rescinds and establishes new rules regarding employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.
--Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions: 3301-20-01: http://www.registerofohio.state.oh.us/pdfs/3301/0/20/3301-20-01_PH_FF_N_RU_20090817_0827.pdf
--Employment of non-licensed individuals with certain criminal convictions: 3301-20-03: http://www.registerofohio.state.oh.us/pdfs/3301/0/20/3301-20-03_PH_FF_N_RU_20090817_0827.pdf
--Employment of school bus and school van with certain criminal convictions: http://www.registerofohio.state.oh.us/pdfs/3301/0/83/3301-83-23_PH_FF_N_RU_20090817_0827.pdf
Title: OAC 3301-20-01, -03, -83-23
Source: www.registerofohio.state.oh.us

ALAdopted 07/2009P-12Adds section creating the Alabama Educator Code of Ethics. Identifies nine areas of standards of conduct, including teacher/student relationships, background checks and confidentiality of the content of student records and standardized tests. Requires educators to report a breach of one or more of the Standards in the Alabama Educator Code of Ethics as soon as possible, but no later than 60 days from the date the educator became aware of the alleged breach. Provides circumstances under which the state superintendent of education may revoke, suspend or refuse to issue a certificate, and establishes grounds that must serve as cause for disciplinary action.
Title: 290-4-1
Source: www.lexis.com

NYSigned into law 07/2009P-12Clarifies that a district, charter school, or BOCES employee's conditional status ends 45 days after notification of clearance for employment (pursuant to the employee's background check), or when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, whichever occurs earlier. Adds that an employee's conditional status may not be extended or renewed unless the commissioner issues a new conditional clearance after finding there was good cause for failure to obtain clearance within such time period. http://assembly.state.ny.us/leg/?bn=A08564&sh=t
Title: A.B. 8564
Source: assembly.state.ny.us

OHSigned into law 07/2009P-12Provides that an individual applying for any certificate, license or permit or for the renewal of any certificate, license or permit is not required to undergo a criminal records check if the individual underwent a criminal records check for such purposes less than five years earlier. Provides that a state bureau of investigation criminal background check is not required (only a federal check required) for (1) an individual seeking licensure or renewal, (2) a nonlicensed individual hired by a school district, educational service center, or chartered nonpublic school or (3) an individual hired by a district, educational service center, community school, chartered nonpublic school or STEM school to operate a vehicle for pupil transportation if (a) the state board or state superintendent had previously requested the superintendent of the bureau of criminal identification and investigation to determine whether the bureau has any information, gathered pursuant to division (A) of section 109.57 of the Revised Code, on the person, and (b) the person presents proof that he/she has been an Ohio resident for the five-year period immediately prior to the date upon which the person becomes subject to a criminal records check. In such an instance, the state superintendent or state board must ask the superintendent of the bureau of criminal identification and investigation to obtain any criminal records that the FBI has on the person.
Pages 1383-1386, 1387-1389, and 1430-1434 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3319.291, 3319.391 and 3327.10
Source: www.legislature.state.oh.us

IDAdopted 06/2009P-12Amends rules relating to uniformity. Includes definitions and addresses the process of obtaining a criminal history check for applicants for certification, school district employees, substitute teachers, student teachers and individuals who have unsupervised contact with students in a K-12 setting.
adm.idaho.gov/adminrules/rules/03codearchives/IDAPA08/0202.pdf
Title: IDAPA 08.02.02
Source: adm.idaho.gov/adminrules/rules

LASigned into law 06/2009P-12Addresses the hiring of employees by local public school boards and the disclosure of information of certain instances of sexual misconduct, abuse, and neglect committed by applicants.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=667511
Title: H.B. 741
Source: http://www.legis.state.la.us/

ORSigned into law 06/2009P-12Allows Department of Education to conduct criminal records checks of person who is employed or applying for employment by department or who is providing services or seeking to provide services to department. Chapter 438
http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0066.en.pdf
Title: S.B. 66
Source: http://www.leg.state.or.us

ORSigned into law 06/2009P-12Allows Department of Education to require fingerprints of all new hires of school districts or private schools; requires department to determine whether person knowingly made false statement on the criminal history form; allows school districts and private schools to have discretion to hire person who knowingly made false statement. Chapter 437
http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0046.en.pdf
Title: S.B. 46
Source: http://www.leg.state.or.us

ORSigned into law 06/2009P-12Allows Teacher Standards and Practices Commission to issue public reprimand or to suspend or revoke right to apply for license or registration of student teacher based on certain criteria; removes time limitation on requirement that commission take action regarding person who no longer holds valid license or registration if person is convicted of certain crimes; allows commission to deny license or registration to person whose license or registration was revoked in another jurisdiction.
Chapter 386
http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0047.en.pdf
Title: S.B. 47
Source: http://www.leg.state.or.us

TXSigned into law 06/2009P-12Adds new Subchapter D, "Preliminary Evaluation of License Eligibility" to Chapter 53, Occupations Code. Authorizes an individual to request a licensing authority to issue a letter evaluating the individual's eligibility for a license, if the individual plans to seek licensure and has reason to believe he/she is ineligible for the license due to a felony or misdemeanor conviction or deferred adjudication. Provides that if a licensing authority determines the individual is ineligible for a license, the authority must issue a letter setting out each basis for potential ineligibility and the authority's determination as to eligibility. Authorizes a licensing authority to suspend or revoke a license, or bar an individual from taking a licensing exam if the individual has been convicted of an offense that does not directly relate to the duties and responsibilities of the licensed occupation and that was committed less than five years before the date the person applies for the license, or a sexually violent offense. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00963F.pdf
Title: H.B. 963
Source: www.legis.state.tx.us

TXSigned into law 06/2009P-12Requires an entity subcontracting with a district, charter school or shared services agreement to obtain a criminal record information for employees who will have direct contact with students. Bars contracting or subcontracting entities from allowing an employee to have direct contact with students if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator. Adds provision regarding the use and sharing of criminal history information on school employees obtained by the state education agency. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02730F.pdf
Title: H.B. 2730 - Sections 6.11, 9A.03
Source: www.legis.state.tx.us

TXSigned into law 06/2009P-12Relates to the authority of an administrative law judge to order the release of information concerning a child abuse and neglect investigation. Provides that on a motion of one of the parties in a case before an administrative law judge relating to the license or certification of an educator, the administrative law judge may order the disclosure of information that is confidential, after a hearing for which notice is provided. Provides for the confidentiality of the reporter of abuse or neglect. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02876F.pdf
Title: H.B. 2876
Source: Lexis-Nexis/StateNet

ALSigned into law 05/2009Postsec.Requires each applicant for admission to a teacher preparation program at a two-year or four-year institution to complete a criminal history background check. Requires institution publications that describe teacher preparation program requirements or application processes to inform prospective students of this requirement.
Title: S.B. 270
Source: www.lexis.com

MNSigned into law 05/2009P-12Modifies school background check requirements relating to disciplinary actions. Deletes a portion of the provision relating to sexual misconduct or attempted sexual misconduct between a teacher and a student. Provides that disciplinary action does not include an action based on court-ordered child support of maintenance payment arrearages or delinquent state taxes.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0523.2.html&session=ls86
Title: H.B. 523
Source: https://www.revisor.leg.state.mn.us/

ORSigned into law 05/2009P-12Requires applicant for position with school district to submit list of current and past employers and to provide written authorization and release of information and documentation from those employers; requires school district to conduct background check on applicants; prohibits school district board, school district or school from entering into agreement or contract that suppresses information about employee's sexual misconduct or abuse or that affects duty to investigate suspected child abuse. Chapter 93
http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2062.en.pdf
Title: H.B. 2062
Source: http://www.leg.state.or.us

ARSigned into law 04/2009P-12Enhances the safety of children by requiring central registry checks for all public school employees and bus drivers.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1173.pdf
Title: H.B. 1450
Source: http://www.arkleg.state.ar.us

INSigned into law 04/2009Postsec.Exempts a postsecondary educational institution from paying a fee for a limited pre-employment criminal history record; requires school corporations, charter schools and accredited nonpublic schools to conduct an expanded criminal history background check for a new or renewed teaching license or certificate within five years; adds possession of child pornography to the list of felonies for which a teacher may lose the teacher's license; establishes an administrative procedure for a student who has been removed from a classroom. Requires the attorney general and the Indiana Department of Education to annually notify teachers that the attorney general may defend suits against teachers and that teachers have qualified imunity for reasonable acts of discipline. Public Law 121
http://www.in.gov/legislative/bills/2009/pdf/he/he1462.1.pdf
Title: H.B. 1462
Source: http://www.in.gov

WASigned into law 04/2009P-12Eliminates the requirement that the Washington State Patrol charge school districts and educational service districts for only the incremental costs associated with checking fingerprints. Chapter 170
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/1852-S.PL.pdf
Title: H.B. 1852
Source: http://apps.leg.wa.gov

KYSigned into law 03/2009P-12Requires a criminal records check for parent members of school-based decision making councils. Allows members to serve prior to the report being received, but but requires the member to be removed from the council if the report documents a record of a sex crime or criminal offense against a victim who is a minor, or as a violent offender. http://www.lrc.ky.gov/record/09RS/SB148/bill.doc
Title: S.B. 148
Source: www.lrc.ky.gov

VASigned into law 02/2009P-12Clarifies that a local school board must take reasonable steps to determine whether an applicant, who has resided in another state within the last five years, was the subject of a founded case of child abuse and neglect in the relevant state by contacting such state's central child abuse and neglect registry, so long as such state provides access to out-of-state entities.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB1679ER
Title: H.B. 1679
Source: http://leg1.state.va.us

IDAdopted 08/2008P-12Amends rules relating to uniformity. Includes definitions and addresses the process of obtaining a criminal history check for applicants for certification, school district employees, substitute teachers, student teachers and individuals who have unsupervised ontact with students in a K-12 setting.
http://www2.state.id.us/adm/adminrules/rules/idapa08/08index.htm
Title: IDAPA 08.02.02
Source: http://www2.state.id.us

ILSigned into law 08/2008P-12Provides that if a school district employee has made a report of suspected child abuse to the department of children and family services involving the conduct of a current or former district employee, and another school district requests information on the job performance or qualifications of the current or former employee because he or she is an applicant for employment with the requesting school district, the general superintendent must disclose to the requesting school district the fact that an employee has made a report involving the conduct of the applicant.

Provides that in any instance in which a report is made by a school district employee involving the conduct of a person employed by the school district, at the time the report was made, the Child Protective Service Unit must send a copy of its final finding report to the general superintendent of that school district.

Provides immunity to school personnel reporting or disclosing information on suspected child abuse.
http://www.ilga.gov/legislation/95/HB/PDF/09500HB4252lv.pdf
Title: H.B. 4252
Source: Lexis-Nexis/StateNet

DEAdopted 07/2008P-12Proposes rule requiring student teachers to have criminal background checks prior to placement in a school setting.
http://regulations.delaware.gov/AdminCode/title14/700/746.pdf
Title: 14 DAC 746
Source: http://regulations.delaware.gov/

DEAdopted 07/2008P-12Proposes rule addressing criminal background check for public school related employment.
http://regulations.delaware.gov/AdminCode/title14/700/745.pdf
Title: 14 DAC 745
Source: http://regulations.delaware.gov

LASigned into law 07/2008P-12Provides that background checks must indicate whether a person has been arrested for a criminal offense. Eliminates provision that record of all criminal convictions provided to a local school board must be limited to convictions during a maximum of 10 years prior to the date of request. Eliminates provision that background check report must provide only such information as is necessary to specify whether or not that person has been convicted of or pled nolo contendere to any such crime or crimes, the crime or crimes of which he has been convicted or to which he has pled nolo contendere, and the date or dates on which they occurred.

Provides that a person may not be hired or serve as a volunteer until he/she has submitted finger prints to to the Louisiana Bureau of Criminal Identification and Information and it has been determined that such person has not been convicted of or pled nolo contendere to a crime listed in R.S.
23 15:587.1(C). http://www.legis.state.la.us/billdata/streamdocument.asp?did=503798
Title: H.B. 1007
Source: www.legis.state.la.us

OHSigned into law 06/2008P-12Requires the state board or state superintendent to automatically revoke or deny an educator license, without an administrative hearing, for anyone convicted of, if found guilty of or has plead guilt to certain offenses. Requires prosecutors to notify the state board if a licensee or non-licensed employee is eleigible for intervention in lieu of convication or has agreed to a pre-trial diversion program. Requires school authorities to report in similar fashion. Provides if a person who is employed by a community school is arrested, summoned or indicted for certain offenses, the employee must be suspended from all duties that require the care, custody or control of a child during the criminal action. against the person; relates to background checks.
http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_428
Title: H.B. 428
Source: http://www.legislature.state.oh.us

TNSigned into law 06/2008P-12Clarifies that any person, corporation, or other entity who enters or renews a contract, or contracts with any person or entity who enters or renews a contract, with a school, local board of education, or child care program is responsible for obtaining criminal background checks on all employees who go on school grounds; authorizes out-of-state employers to satisfy requirement by showing that background checks were conducted in another state; creates limited exemptions to background check requirement. - Amends TCA Title 49, Chapter 5, Part 4. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1080.pdf
Title: S.B. 2807
Source: http://www.legislature.state.tn.us

TNSigned into law 06/2008P-12Requires all students wishing to enter approved teacher training programs shall be required to: (1) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation (TBI) and the Federal Bureau of Investigation (FBI); and (2) Agree that the TBI may send to the teacher training program information indicating the results of the criminal history records check. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1180.pdf
Title: S.B. 3285
Source: http://www.legislature.state.tn.us

AZSigned into law 05/2008P-12Relates to fingerprinting of contracted school employees; provides that fingerprints submitted shall be used to conduct a State and National criminal records check and the Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation; provides a school district will fingerprint or require the submission of a full set of prints from any vendor or employee who is contracted to provide services on a regular basis on school property. Chapter 222
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/2r/summary/h.hb2694_05-14-08_astransmittedtogovernor.doc.htm
Title: H.B. 2694
Source: http://www.azleg.gov

AZSigned into law 05/2008P-12Provides that a person who is employed by a school district or charter school or who is an applicant for employment at either, who is arrested for or charged with various crimes including sexual assault of a child or adult or certain violent crimes against children or vulnerable adults who does not immediately report the arrest or charge is guilty of unprofessional conduct and shall be immediately dismissed from employment or potential employment. Chapter 212
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/2r/summary/h.hb2042_05-15-08_astransmittedtogovernor.doc.htm
Title: H.B. 2042
Source: http://www.azleg.gov

COSigned into law 05/2008P-12Concerns criminal background investigations of school employees; adds to the list of entities able to conduct inquiries concerning prospective employees, the governing board of a charter school or institute charter school; relates to whether a person's educator license or certification has ever been denied, suspended, revoked, or annulled for a crime involving unlawful sexual behavior or behavior involving children; relates to a background investigation fee.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/C93C45E7DF96C376872573F6000039D2?open&file=208_enr.pdf
Title: S.B. 208
Source: http://www.leg.state.co.us/

COSigned into law 05/2008P-12Requires the Department of Education to respond to a background query concerning a prospective employee within a certain amount of time; directs a school district to report to the department after a dismissal or resignation as a result of an allegation of unlawful behavior with a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence; relates to immunity and the notice requirement for an action arising out of a failure to perform an employment background check.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/5FFDF844AF37903E872573ED00663A11?open&file=1344_enr.pdf
Title: H.B. 1344
Source: http://www.leg.state.co.us/

MNSigned into law 05/2008P-12Requires all K-12 athletic coaches undergo criminal history background checks. Requires the school hiring authority to notify parents and guardians about the school hiring authority's policy regarding a criminal background check on employees and other individuals who provide services to the school and to identify those positions requiring such check. Provides the authority may include the notice in the student handbook, or similar communication.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2369.4.html&session=ls85
Title: S.B. 2369
Source: https://www.revisor.leg.state.mn.us

MNSigned into law 05/2008P-12Requires school boards to seek information from prospective employees and the Board of Teaching about disciplinary actions against the employees; provides a school hiring authority may hire or allow an individual to provide a service to a school pending completion of a background check or obtaining a notice of Board of Teaching action but shall notify the individual that the individual's employment or service may be terminated based on the results.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2597.3.html&session=ls85
Title: S.B. 2597
Source: https://www.revisor.leg.state.mn.us

OKSigned into law 05/2008P-12Finds that licensed child care facilities and other organizations serving children, together with all parents and guardians, should be able to easily search for criminal conduct of potential employees, workers, volunteers, and babysitters, and readily identify if a person has been convicted of or committed prior acts of violence or child abuse, for the protection of children who may be entrusted to such person's care; and that no person should be permitted to work with, serve or care for another person's child when the caregiver has a prior conviction for an act of violence or child abuse. Therefore, the Legislature hereby designates the crime of child abuse as a violent offense for purposes of the Mary Rippy Violent Crime Offenders Registration Act and hereby establishes a procedure for the parents, guardians, businesses and organizations of this state to search and identify persons at risk of potential harm to a child based upon prior criminal conduct or conviction for an act of violence or child abuse.
http://webserver1.lsb.state.ok.us/2007-08bills/SB/SB1601_ENR.RTF
Title: S.B. 1601
Source: http://webserver1.lsb.state.ok.us

AZSigned into law 04/2008P-12Provides that any person who participates in a teacher preparation program that is approved by the State Board of Education or any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall obtain a fingerprint clearance card before the person participates in field experience in which services will be provided directly to pupils. Chapter No. 115
http://www.azleg.gov/legtext/48leg/2r/bills/hb2566h.pdf
Title: H.B. 2566
Source: http://www.azleg.gov

IDSigned into law 04/2008P-12Makes an additional appropriation to the Superintendent of Public Instruction for criminal history checks; makes an additional appropriation to the State Police for the Support Services Program for criminal history checks. Chapter 373
Title: S.B. 1515
Source: Lexis-Nexis/StateNet

KSSigned into law 04/2008P-12Repeals definition of "school safety violation." Rewrites provision relating to a student found in possession of a weapon or illegal drug at school or on school
property, or who has engaged in an act or behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others. Allows a student whose driver's license was suspended or revoked due to the student's suspension or expulsion to request a hearing to determine whether there are reasonable grounds to believe the student was in possession of a weapon or illegal drug at school or on school property, or was engaged in behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others.

Prohibits issuance or renewal of a teacher's license to a person convicted of rape, indecent liberties with a child, sodomy, indecent solicitation of a child, sexual exploitation of a child, incest, endangering a child, child abuse, murder, manslaughter, sexual battery, promoting obscenity or any felony. http://www.kslegislature.org/bills/2008/470.pdf
Title: S.B. 470
Source: www.kslegislature.org

MDSigned into law 04/2008P-12Prohibits a county board of education from knowingly hiring or retaining any individual who has been convicted of specified crimes including violent crimes and child abuse.
http://mlis.state.md.us/2008rs/bills/hb/hb0652t.pdf
Title: H.B. 652
Source: http://mlis.state.md.us/

IDSigned into law 03/2008P-12Amends existing law relating to criminal history checks for school district employees or applicants for certificates; requires additional individuals as specified to undergo a criminal history check; clarifies provisions of a criminal history check; provides a copy of background checks to applicants upon request of the applicant; deletes procedural provisions upon completion of a criminal history check. Chapter 349
http://www3.idaho.gov/oasis/H0566.html
Title: H.B. 566
Source: http://www3.idaho.gov


VASigned into law 03/2008P-12Prohibits the employment of an applicant for employment requiring direct contact with students if such applicant is the subject of a founded case of physical or sexual abuse of a child. Additionally, requires the dismissal of a teacher who while employed by a local school board, becomes the subject of a founded case of physical or sexual abuse of a child. This bill also requires the Department of Social Services to report any founded complaints of sexual abuse of a child to a school board, where the subject of the report is a full-time, part-time, permanent or temporary employee of a school board in the Commonwealth. The bill adds a class 1 misdemeanor, and also requires the Department of Social Services to maintain a database of central child abuse and neglect registries in other states and to notify the school board if there is a founded complaint of child abuse and neglect against a teacher.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB1242ER
Title: H.B. 1242
Source: http://leg1.state.va.us

OHSigned into law 11/2007P-12• Requires school districts, educational service centers, community schools, STEM schools, and chartered nonpublic schools to request criminal records checks for all job applicants and employees, not merely those whose duties entail the care of children.
• Requires private contractors hired by those employers to request criminal records checks for job applicants and employees who will work in schools.
• Requires subsequent criminal records checks every five years for all school employees who are not subject to periodic post-employment records checks under other laws.
• Requires that the initial and periodic criminal records checks of school employees, including State Board of Education licensees, include checks of FBI records as well as state records.
• Permits the State Board of Education to revoke an expired educator license for misconduct.
• Requires the Educator Standards Board to make recommendations for a code of conduct for educators.
• Directs the Department of Education, by December 31, 2007, to recommend penalties for failure to report to the Department or the State Board of Education information about educators who have committed an act unbecoming to the teaching profession or that makes them a threat to students' safety.
Summary and analysis: http://www.lsc.state.oh.us/analyses127/h0190-rs-127.pdf
Title: H.B. 190 - Multiple Components
Source: http://www.lsc.state.oh.us

ILSigned into law 09/2007P-12Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, that criminal history record information must be provided to the superintendent of the school district immediately upon request. http://www.ilga.gov/legislation/95/HB/PDF/09500HB3512lv.pdf
Title: H.B. 3512
Source: Lexis-Nexis/StateNet

ILAdopted 09/2007P-12Amends policies regarding the assessment of special education students at nonpublic, public out-of-state, public residential or private special education facilities. Transfers authority for the oversight of such assessment from the state board of education to the state superintendent. Specifies that an application for initial approval of educational and/or residential programs at such facilities must include the data that will be collected on the outcomes achieved by those students, which must reflect the students' learning goals as described in their respective IEPs. Also requires applications for programs serving students for whom behavioral interventions may be appropriate, to include a description of the provider's formalized approach to the use of these interventions.

Requires each provider to ensure that each student receives special education and related services in accordance with his or her IEP, provided that the use of behavioral intervention strategies that would jeopardize the safety or security of students or would rely upon pain as an intentional method of control cannot be permitted.

Requires each class offered in such a program to have a maximum enrollment of five students, except that enrollment may be increased by a maximum of two students in response to unique circumstances that occur during the school year so long as the educational needs of all students in the class can be adequately and appropriately met. Allows the enrollment in a class to be increased by a maximum of five students when a full-time paraprofessional is provided.

Establishes requirements for the administration of state assessments at such special education facilities, including required testing conditions, required personnel assignments and qualifications and required procedures. Requires that any breach of test security or other testing irregularity be reported to the state superintendent of education or designee in accordance with instructions applicable to particular types of problems, using one of the methods identified by
the state superintendent. Requires responsible staff at the affected facility to then follow the instructions provided by the state superintendent or the relevant test
contractor regarding the next steps to be taken in investigating the source of the problem, its implications and its potential resolution.

Directs each provider to prepare and keep on file an annual plan for inservice training in areas where improvement is desirable. Directs the provider to identify these areas based on an analysis of each program's implementation in relation to the approved application and based on data illustrating the achievement of the
students served in relation to the goals and objectives stated in their IEPs and on the state assessments in which they participate. Requires each provider to provide specific training to all staff on the use of isolated time out and behavioral intervention strategies, as appropriate to the student population.

Specifies that staff criminal background checks include the results of fingerprint-based criminal history records checks performed pursuant to the Uniform Conviction Information Act [20 ILCS 2635] or, for a facility located in another state, pursuant to that state's uniform conviction information act, and pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-240), as well as the results of checks of the statewide sex offender database maintained in accordance with Section 115 of the Sex Offender Community Notification Law [730 ILCS 152/115] or, for a facility located in another state, checks of that state's sex offender
database.

Pages 600-618 of 671 http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf
Title: 23 IAC 401.10 thru .260 (non seq.)
Source: www.cyberdriveillinois.com

ALAdopted 08/2007P-12Repeals and replaces rules to require background clearance for admission to the internship and to clarify field experience requirements for graduate programs. Adds an option for teachers of American Sign Language. Prepares individuals for certification in Sport Management. Changes the program review cycle from five to seven years. Makes editorial changes to ensure consistency and clarity in wording. http://www.alabamaadministrativecode.state.al.us/docs/ed/MsofWord3ED3.pdf
Title: AAC 290-3-3
Source: Lexis-Nexis/StateNet

ILSigned into law 08/2007P-12Adds to provisions allowing a local board of education to contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or to lay off such educational support personnel. Extends date of written notice that must be given such employees from 30 to 90 days. Provides that a contract must not become effective during the term of a collective bargaining agreement covering such employees. Provides that any third party submitting a bid to perform the non-instructional services must provide evidence of:
--liability insurance equivalent to that provided by the school board
--a benefits package comparable to that provided by the school board
--the number, job classifications and wages of employees who will provide the non-instructional services
--a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the school board, for all expenditure categories and account for performing the non-instructional services
--composite information about the criminal and disciplinary records of any employees who may perform the non-instructional services
--a notarized affadavit that each of the bidder's employees has completed a criminal background check within 3 months prior to submission of the bid.

Provides that the local board may not enter into a contract unless the school board provides a cost comparison, using generally accepted accounting principles, of all expenditure categories and accounts that the board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with all expenditure categories and accounts that a third party would incur if a third party performed the non-instructional services.

Provides the review and consideration of all bids by third parties to perform the non-instructional services must take place in open session of a regularly scheduled school board meeting, unless specified circumstances are met.

Provides the school board must conduct at least one public hearing prior to a regularly scheduled school board meeting, to discuss the school board's proposal to contract with a third party to perform the non-instructional services before the school board may enter into such a contract.

Provides a contract must require the contractor to offer available employee positions within the contract to qualified school district employees
whose employment is terminated because of the contract. Also provides a contract must require the contractor to comply with a policy of nondiscrimination and
equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

Authorizes a local board, the above provisions notwithstanding, to enter into a maximum 3-month contract with a third party for non-instructional
services currently performed by an employee or bargaining unit member in order to augment the current workforce in an emergency situation that threatens the safety or health of district students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act.
http://www.ilga.gov/legislation/95/HB/PDF/09500HB1347lv.pdf
Title: H.B. 1347
Source: www.ilga.gov/legislation

ILSigned into law 08/2007P-12Provides that a nonpublic elementary or secondary school may not obtain Nonpublic School Recognition status unless the school requires all applicants for employment with the school, after July 1, 2007, to authorize a fingerprint-based criminal history records check as a condition of employment to determine if such applicants have been convicted of specified criminal or drug offenses and the school performs a check. Also requires schools to perform a check of the Statewide Sex Offender Database for every employment applicant as a condition of receiving Nonpublic School Recognition status.

Provides that no nonpublic school may obtain recognition status that knowingly employs a person, hired after July 1, 2007, for whom a department of state police and FBI fingerprint-based criminal history records check and a statewide sex offender database check has not been initiated or who has been convicted for committing or attempting to commit specified crimes, or who has been found to be the perpetrator of sexual or physical abuse of a minor. Provides that background checks must be conducted for all employees of persons or firms holding contracts with the school, including food service workers, school bus drivers, and other
transportation employees, who have direct, daily contact with students.
http://www.ilga.gov/legislation/95/SB/PDF/09500SB0143lv.pdf
Title: S.B. 143
Source: www.ilga.gov/legislation

NCSigned into law 08/2007P-12Authorizes criminal history record checks of employees of and applicants for employment with the department of public instruction.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H1659v4.html
Title: H.B. 1659
Source: http://www.ncga.state.nc.us

NHSigned into law 07/2007P-12Requires a school administrative unit, school district or charter school to adopt a policy designating certain categories of volunteers as designated volunteers who may be required to undergo a background investigation and a criminal history records check. Allows local law enforcement agencies to notify schools within its jurisdiction of the address of a registered sex offender or offender against children; provides limited liability to a school administrative unit, school district, or charter school.
http://www.gencourt.state.nh.us/legislation/2007/HB0037.html
Title: H.B. 37
Source: http://www.gencourt.state.nh.us

NYAdopted 07/2007P-12Sets forth the requirements and procedures for the fingerprinting and criminal history record check of prospective school employees of nonpublic and private elementary schools. Pages 19-20 of 48: http://www.dos.state.ny.us/info/register/2007/aug15/pdfs/rules.pdf
Title: Title 8 NYCRR Sections 80-1.11, 87.1 through .10 nonseq.
Source: Lexis-Nexis/StateNet

PASigned into law 07/2007P-12Part of this large bill requires the state department of prescribe a method for applicants to submit a set of fingerprints to the FBI.
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=0842&pn=2347
Title: H.B. 842, Sec. 111
Source: Lexis-Nexis/StateNet

TNSigned into law 07/2007P-12Provides that the state board shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing that the teacher or school administrator has been convicted of certain criminal offenses.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0432.pdf
Title: S.B. 1730
Source: http://www.legislature.state.tn.us

TNSigned into law 06/2007P-12Provides that all students wishing to enter teacher training programs are required to agree to the release of investigative records to the teacher training program administrator, supply a fingerprint sample and submit to a criminal history records check and sign an authorization and release form, authorizing a qualified state licensed private investigation company by and on behalf of the board to complete a criminal history records check.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0454.pdf
Title: H.B. 2076
Source: http://www.legislature.state.tn.us

NJSigned into law 05/2007P-12Permits criminal history record check for unpaid volunteers in schools and requires applicant to be reimbursed for costs of check; permits the reimbursement of paid school personnel for such costs.
http://www.njleg.state.nj.us/2006/Bills/A1000/515_R1.PDF
Title: A.B. 515
Source: New Jersey Legislature

NVSigned into law 05/2007P-12Requires the department of education to establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving licensed teachers and other licensed educational personnel.
http://www.leg.state.nv.us/74th/Bills/AB/AB313_EN.pdf
Title: A.B. 313
Source: http://www.leg.state.nv.us

ORSigned into law 05/2007P-12Upon request from a law enforcement agency, the Department of Human Services or the Teacher Standards and Practices Commission, a school district is required to provide the records of investigations of suspected child abuse by a school employee or former school employee (adds "former school employee.") Disciplinary records of employees convicted of crimes are not exempt from disclosure.
http://www.leg.state.or.us/07reg/measpdf/sb0300.dir/sb0380.en.pdf
Title: S.B. 380
Source: http://www.leg.state.or.us

TXSigned into law 05/2007P-12Requires a national criminal history background check for all certified public school employees. Current non-certified employees are required to submit to a statewide criminal review, while non-certified employees hired on or after January 1, 2008 will be required to submit to a national criminal history background check.This bill also creates a clearinghouse at the Department of Public Safety for this information to be shared between school districts when an employee transfers to another employer to increase efficiency and reduce the costs associated with background checks.
http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB00009F.pdf
Title: S.B. 9
Source: http://www.capitol.state.tx.us

ARSigned into law 04/2007P-12Sections 23 and 24 of the act amend the provisions of Arkansas Code 6-17-410 and 6-17-414 concerning issuance of new teacher licenses, and employment of nonlicensed personnel who have criminal backgrunds. Act adds new criminal offenses to the list of offenses that form the basis for the denial of a teaching license issuance or renewal and for nonlicensed personnel non-eligibility for employment within a public school district. (Act No. 1573)
http://www.arkleg.state.ar.us/ftproot/bills/2007/public/SB274.pdf
Title: S.B. 274 (Teacher Certification)
Source: http://www.arkleg.state.ar.us

AZSigned into law 04/2007P-12Increases the types of offenses precluding receipt of fingerprint clearance card from the Board of Fingerprinting; includes crimes of sexual conduct involving minors, welfare fraud, identity related crimes, cruelty to animals, prostitution, negligent homicide, criminal damage, misappropriation of of charter school monies, and sexual trafficking. (Chapter No. 95)

Title: S.B. 1045
Source: http://www.azleg.gov

AZSigned into law 04/2007P-12Relates to charter schools, fingerprinting and a civil penalty if a charter school fails to comply with fingerprinting requirements. New provision provides that penalties shall be assessed by reducing the amount of state aid that the charter school would otherwise receive. (Chapter No. 6)
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/bills/hb2041o.asp

Title: H.B. 2041
Source: http://www.azleg.gov/

IASigned into law 04/2007P-12Requires that a national background check be conducted of any teacher who holds a license other than an initial license issued by the board of educational examiners before a district enters into an initial contract with such a teacher. Also requires a review of the state sex offender registry, the state central registry for child abuse information, and the state central registry for dependent adult abuse information for information regarding applicants for employment as a teacher.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&ga=82&hbill=SF277
Title: S.F. 277 (Section 11)
Source: coolice.legis.state.ia.us

NMSigned into law 04/2007P-12Requires background checks for certain volunteers, contractors and contractor employees. Requires reports of school employee misconduct. Provides that settlement agreement confidentiality provisions do not relieve responsibility for reporting.
http://legis.state.nm.us/Sessions/07%20Regular/final/SB0210.pdf
Title: S.B. 210
Source: http://legis.state.nm.us

ORSigned into law 04/2007P-12SECTION 1. ORS 326.603 is amended to read:(1) For the purposes of requesting a state or nationwide criminal records check, the Department of Education may require the fingerprints of: (a) A school district or private school contractor, whether part-time or full-time, or an employee thereof, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school.
(b) A person newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in ORS 342.223 (1) who has direct, unsupervised contact
with children as determined by the district or private school.
(c) A person employed, whether part-time or full-time, by a school district or private school in a capacity not described in ORS 342.223 (1) who has direct, unsupervised contact
with children as determined by the district or private school.
(d) A person who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.
(e) A person who is an employee of a public charter school.Combines statutes relating to criminal records checks of school personnel requested by Department of Education and Teacher Standards and Practices Commission.
http://www.leg.state.or.us/07reg/measpdf/hb2000.dir/hb2047.en.pdf
Title: H.B. 2047
Source: http://www.leg.state.or.us/

WASigned into law 04/2007P-12Authorizes Washington State Patrol and Federal Bureau of Investigation record checks for Federal Bureau of Indian Affairs-funded school employees and applicants for employment using the same processes as used by school districts and Educational Service Districts.
http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Passed%20Legislature/5382.PL.pdf
Title: S.B. 5382
Source: http://www.leg.wa.gov

LAAdopted 03/2007P-12Requires any district, prior to hiring any employee, to request from the applicant's current or previous employer any documentation regarding any sexual misconduct engaged in by the applicant involving a student. Also requires the applicant's current or previous employer to provide any such information to the district that has requested it. Provides immunity to any district or school employee who, in good faith, discloses such information to the district requesting it. Prohibits any district from hiring any applicant who does not sign a disclosure and release statement. Allows a district to hire an applicant on a conditional basis pending the hiring board's review of any information obtained. Provides that any such information can only be used by the district considering the applicant for employment for the purpose of evaluating the applicant's qualifications for employment. Prohibits the disclosure of any such information to anyone who is not directly involved in
evaluating the applicant's qualifications for employment. Makes the unauthorized disclosure of such information a misdemeanor.

Provides a definition of sexual misconduct, which includes any activity directed toward establishing a sexual relationship such as sending intimate letters, engaging in sexualized dialogue in person, via the internet, in writing or by telephone, making suggestive comments or dating a student.
Page 10 of 118: http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf
Title: LAC 28:CXV.501
Source: www.doa.louisiana.gov

UTSigned into law 03/2007P-12Modifies charter school application and authorization provisions; modifies certain requirements for charter schools, including those relating to charter school assets, school closures, and application, enrollment and withdrawal of a student from a charter school; modifies charter school funding provisions; regulates certain transactions and relationships relating to charter schools; requires a criminal background check for teachers applying to charter schools. This bill coordinates with H.B. 3 by providing that certain amendments in this bill supersede the amendments in H.B. 3 and that certain amendments in H.B. 3 supersede the amendments in this bill. This bill also coordinates with H.B. 160 by providing that certain amendments in this bill supersede the amendments in H.B. 160 and that certain amendments in H.B. 160 supersede the amendments in this bill. http://le.utah.gov/~2007/bills/hbillenr/hb0164.htm
Title: H.B. 164
Source: http://www.le.state.ut.us/

UTSigned into law 03/2007Postsec.
Community College
Directs the state Board of Regents to adopt a policy requiring an applicant for a position in a higher education institution that involves
significant contact with a minor or a position that is security sensitive to submit to a criminal background check as a condition of employment; requires an existing employee of a higher education institution to submit to a criminal background check, where reasonable cause exists; authorizes higher education institutions to request the Utah Bureau of Criminal Identification to conduct criminal background checks; addresses the payment of the costs of criminal background checks, and; requires notice of criminal background checks to prospective and existing employees and an opportunity for review of information obtained through a criminal background check. http://le.utah.gov/~2007/bills/hbillenr/hb0196.htm
Title: H.B. 196
Source: http://www.le.state.ut.us/

VASigned into law 03/2007P-12Provides that as a condition of awarding a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours, the school board must require the contractor to provide certification that all employees who will have direct contact with students have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.  The bill also provides that the requirement be waived in emergency situations when it is reasonably anticipated that the contractor or his employees will have no direct contact with students.  This bill is identical to SB 1346, which also passed and was sent to the governor. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB1707ER; http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SB1346ER
Title: H.B. 1707, S.B. 1346
Source: http://legis.state.va.us/

MISigned into law 12/2006P-12Requires that criminal history checks and criminal record checks for child care providers be performed only once if the person remains licensed continuously and is required to follow school code procedures if child care service is operated in a school. Public Act 580
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2006-HNB-6174.pdf
Title: H.B. 6174
Source: Michigan Legislature

MISigned into law 12/2006P-12Revises the provisions concerning the background checks for and revocation of teaching certificates by school districts, intermediate school districts, public school academies, or nonpublic schools. Public Act 680
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2006-HNB-6173.pdf
Title: H.B. 6173
Source: Michigan Legislature

OHSigned into law 12/2006P-12Requires that information about professional misconduct or child abuse or neglect committed by a person licensed by the State Board of Education be submitted to the Superintendent of Public Instruction; requires a criminal records check prior to renewing an educator license (except allows exemptions for those who have had a background check within the past year); relates to persons applying to operate a family day-care home; provides a penalty for inaccurate school attendance data reporting; provides for handicapped preschool children; relates to student data verification codes. Requires each board of education of each school district, the governing board of each educational service center, and the chief administrator of each chartered nonpublic school, county board of mental retardation and developmental disabilities to promptly submit to the superintendent of public instruction the information prescribed in division (C) of this section when any of the following conditions apply to an employee who holds a license issued by the state board of education:
(1) The board knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, or has been convicted of an offense described in Code;
(2) The board has initiated termination or nonrenewal proceedings against, has terminated, or has not renewed the contract of the employee because the board has reasonably determined that the employee has committed an act unbecoming to the teaching profession or an offense described in Code;
(3) The employee has resigned under threat of termination or nonrenewal;
(4) The employee has resigned because of or in the course of an investigation by the board regarding whether the employee has committed an act unbecoming to the teaching profession or an offense described in Code.
(C) If a report is required under this section, the board shall submit to the superintendent of public instruction the name and social security number of the employee about whom information is required and a factual statement regarding any of the conditions prescribed in divisions (B)(1) to (4) of this section that apply to the employee.
(D) A determination made by the board as described in division (B)(2) of this section or a termination, nonrenewal, resignation, or other separation described in divisions (B)(2) to (4) of this section does not create a presumption of the commission or lack of the commission by the employee of an act unbecoming to the teaching profession or an offense described in Code.
http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_79
Title: H.B. 79-- Secs. 5153.175, 5126.253
Source: http://www.legislature.state.oh.us

DEAdopted 10/2006P-12Clarifies rules regarding criminal background check for public school related employment; includes charter schools; requires a criminal background check when employees change school districts and or change between school districts and charter schools; changes the number of days that substitute teachers must work in one year to avoid additional criminal background checksfrom year to year. DELAWARE 1898
http://www.state.de.us/research/AdminCode/title14/700/745.shtml#TopOfPage
Title: 14 IAC 745
Source: Delaware Code

LAAdopted 10/2006P-12The first update in many years. Identifies all certification guidelines for Louisiana school employees and administrators. Pages 1-52 of 133: http://www.doa.louisiana.gov/osr/reg/0610/0610RUL.pdf
Title: LAC 28:CXXXI.Chapters 1-10 (Bulletin 746)
Source: www.doa.louisiana.gov/

NYSigned into law 08/2006P-12Authorizes nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks.
Title: A.B. 11399
Source: Lexis-Nexis/StateNet

NYSigned into law 08/2006Postsec.Relates to background checks for people attending flight training schools. Establishes when an applicant to an aeronautical facility, flight school or institution of higher learning shall be disqualified from receiving air or flight instruction.
Title: A.B. 2122
Source: Lexis-Nexis/StateNet

DESigned into law 07/2006P-12Ensures that teachers who are convicted of crimes will have the conviction data transmitted to the employing school district.
Title: H.B. 509
Source: Delaware Legislature

WVSigned into law 07/2006P-12Relates to the Child Protection Act with provisions requiring county boards of education, to the extent funds are provided, to establish programs for the prevention of child abuse and neglect and child assault to be provided to pupils, parents and school personnel as deemed appropriate; authorizes county school boards to request from the State Criminal Identification Bureau the record of any and all criminal convictions of it future employees relating to child abuse, sex-related offenses or possession of controlled substances with intent to distribute; allows county school boards to obtain information from the Central Abuse Registry with prior written consent regarding school contractors, service providers and their employees and to share such information with other county school boards; prohibits contractors or service providers or their employees from making direct, unaccompanied contact with students or having unaccompanied access to school grounds when students are present if it cannot be verified that the contractors, service providers or employees have not previously been convicted of the noted offenses. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/1x/BILLS/hb101%20ENR.htm
Title: H.B. 101A
Source: http://www.legis.state.wv.us/bill_status/bstatmenux/bstatfrm.cfm

IASigned into law 06/2006P-12Gives board of educational examiners authority to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. Mandates that the board also require all initial applicants to submit a completed fingerprint packet and that the board use the packet to facilitate a national criminal history background check. States that the board shall have access to, and shall review the sex offender registry information, the central registry for child abuse information, and the dependent adult abuse records for information regarding applicants for license renewal.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272
Title: S.B. 2272 - Section 9
Source: coolice.legis.state.ia.us

IAEmergency Rule Adoption 06/2006P-12Requires the Board to review the sex offender registry information, the central registry for child abuse information, and the dependent adult abuse records for every applicant for renewal of the initial, standard, master educator, professional administrator, area education agency administrator, or substitute license.
Pages 36-37 of 72 http://www.legis.state.ia.us/Rules/2006/Bulletin/IAB060719.pdf
Title: IAC 282-17.1(272), 17.1(1), 17.1(2)
Source: www.legis.state.ia.us

LASigned into law 06/2006P-12Requires local boards, prior to hiring any employee, to sign sign a statement that:

(1) Provides procedures for the disclosure of information by the applicant's current or previous employer, if such employer is a public school board, on all instances of sexual misconduct with students the applicant committed.
(2) Releases the applicant's current or previous employer, if such employer is a public school board, and any school employee acting on behalf of such employer from any liability for providing any such information.

Requires local boards to request information in (1) above prior to hiring an applicant. Requires current or previous employer, within 20 days of receipt of request, to make available to the hiring school board copies of all documents in the applicant's personnel file relative to such instances of sexual misconduct, if any.

Directs the state board, by September 1, 2006, to adopt rules and regulations to define "sexual misconduct." http://www.legis.state.la.us/billdata/streamdocument.asp?did=406247
Title: H.B. 1082
Source: www.legis.state.la.us

VTSigned into law 05/2006P-12Requires the release form from the Vermont criminal information center to be signed by an applicant for initial certification and to include a statement informing the applicant of:
(1)  the right to challenge the accuracy of the record by appealing to the Vermont criminal information center; and
(2)  the commissioner's policy regarding maintenance and destruction of records and the person's right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT182.HTM
Title: H.B. 867 - Section 18
Source:

AZVetoed 04/2006P-12Concerns charter schools; relates to fingerprint checks; provides that a teacher employed by a school district or a charter school shall be issued a permanent fingerprint clearance card on the teacher's second renewal of the card provided that the teacher does not have a criminal record, and the teacher has been continuously employed at the same school for at least twelve consecutive years.
http://www.azleg.gov/legtext/47leg/2r/bills/hb2118h.pdf
Title: H.B. 2118
Source: Arizona Legislature

IDSigned into law 04/2006P-12Adds to existing law to prohibit access to school children by any person currently registered or required to register under the Idaho Sex Offender Registration Act; provides exceptions; provides a penalty. http://www3.state.id.us/oasis/H0713.html
Title: H.B. 713
Source: Lexis-Nexis/StateNet

MDSigned into law 04/2006P-12Prohibits nonpublic schools from knowingly employing an individual with specified criminal convictions, including child sexual abuse, if that individual works with or has access to students; requires the State Department of Education to revoke the certificate of approval or letter of tentative approval of the nonpublic school that violates the Act.
http://mlis.state.md.us/2006rs/bills/sb/sb0111t.pdf
Title: S.B. 111
Source: Maryland Legislature

IASigned into law 03/2006Postsec.
Community College
Authorizes an approved nursing education program to initiate criminal and child and dependent adult abuse record checks of students and prospective students. Provides that, if a student has a criminal record or a record of founded child or dependent adult abuse, upon request of the nursing program, the department of human services must perform an evaluation to determine whether the record warrants prohibition of the person's involvement in a clinical education component of a nursing program involving children or dependent adults. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF2464
Title: H.B. 2464
Source: Lexis-Nexis/StateNet, coolice.legis.state.ia.us/

INSigned into law 03/2006P-12Prohibits a sex offender from working or volunteering on school property, at a youth program center, or at a public park. Creates new section defining "offender against children."
http://www.in.gov/legislative/bills/2006/SE/SE0246.1.html
Title: S.B. 246
Source: Lexis-Nexis/StateNet, www.in.gov/legislative

KYSigned into law 03/2006P-12Prohibits the Education Professional Standards Board from awarding a a Rank I rating to a teacher who used national board certification to qualify if the certificate is revoked for misconduct or voided for other reasons. http://www.lrc.ky.gov/RECORD/06RS/HB125/bill.doc
Title: H.B. 125
Source: www.lrc.ky.gov/

MISigned into law 03/2006P-12Directs the department of information technology, the department of education and the department of state police to develop and implement an automated program that does a comparison of the department's list of individuals holding a teaching certificate or state board approval with the conviction information received by the state police.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0084.pdf
Title: H.B. 5675
Source: http://www.legislature.mi.gov/

VASigned into law 03/2006P-12Provides that school boards must require, as a condition of employment for all public school employees performing services on a contract basis, certification that the employee has not been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child and of whether the employee has been convicted of a crime of moral turpitude.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+HB1109ER
Title: H.B. 1109
Source: http://leg1.state.va.us/

MI(H) PRESENTED TO THE GOVERNOR 9/16/2005 @ 2:54 PM 09/2005P-12Criminal background checks on school employees.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0129.pdf
Title: H.B. 4402
Source: StateNet

MI(H) PRESENTED TO THE GOVERNOR 9/16/2005 @ 2:58 PM 09/2005P-12If a person who is employed in any capacity by a school district, intermediate school district, public
school academy, or nonpublic school; who has applied for a position with a school district, intermediate school district,
public school academy, or nonpublic school and has had an initial criminal history check under section 1230 or criminal
records check under section 1230a; or who is regularly and continuously working under contract in a school district,
intermediate school district, public school academy, or nonpublic school, is charged with a crime listed in section 1535a(1)
or a violation of a substantially similar law of another state, a political subdivision of this state or another state, or of
the United States, the person shall report to the department and to the school district, intermediate school district,
public school academy, or nonpublic school that he or she has been charged with the crime. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0131.pdf
Title: H.B. 4930
Source: StateNet

MISigned into law 09/2005P-12In addition to the criminal history check required under section 1230, the board of a school district or
intermediate school district or the governing body of a public school academy or nonpublic school shall request the
department of state police to conduct a criminal records check through the federal bureau of investigation on an
applicant for, or an individual who is hired for, any full-time or part-time employment or who is assigned to regularly
and continuously work under contract in any of its schools. Except as otherwise provided in this section, a board or
governing body shall not employ an individual or allow an individual to regularly and continuously work under contract
in any of its schools until after the board or governing body receives the results of the criminal records check. A board
or governing body requesting a criminal records check under this section shall require the individual to submit his or
her fingerprints to the department of state police for that purpose. The department of state police may charge a fee for
conducting the criminal records check. A board or governing body shall require an individual to submit his or her
fingerprints for the purposes of this section only at the time the individual initially applies for employment with the
board or governing body or is initially employed by the board or governing body or is initially assigned to work under
contract in any of its schools.

http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0138.pdf
Title: S.B. 601
Source: StateNet

ILSigned into law 07/2005P-12The Illinois State Police will be required to conduct, in addition to a fingerprint-based background check, a check of the Sex Offender Registry (SOR) under the Sex Offender and Child Murderer Community Notification Law, and a check of all valid and recorded orders of protection issued under the Domestic Violence Act of 1986. The School Safety and Educational Improvement Block Grant (also known as the ADA Block Grant) may be used by school districts to fund the cost of the background checks, the SOR checks and the check for orders of protection. There will not be an additional fee to check the SOR and it will not be performed by the ISP. Access to the ISP SOR website is free (other than Internet subscriber fees and personnel time). School districts, and regional superintendents in the case of substitutes, concurrent part-time teachers or concurrent educational support personnel, will be required to initiate a fingerprint-based background check, an SOR check and a check for orders or protection on an applicant for hire. The SOR and order of protection checks will be performed at the school district or the ROE.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3451&GAID=8&DocTypeID=HB&LegId=19530&SessionID=50&GA=94



Title: H.B. 3451
Source: http://www.ilga.gov

LASigned into law 07/2005P-12Prohibits, except under certain circumstances, city, parish, and other local public school boards and nonpublic schools and school systems from hiring specified persons who have been convicted of or pled nolo contendere to certain crimes as provided in present law. Provides that such specified persons also include any person employed by any person or entity that contracts with a school or school system for cafeteria, transportation, or janitorial or maintenance services (with certain exceptions for nonpublic schools) and a temporary, part-time, or permanent school employee of any kind. http://www.legis.state.la.us/billdata/streamdocument.asp?did=316825
Title: H.B. 178
Source: http://www.legis.state.la.us

AZSigned into law 05/2005P-12Authorizes a local superintendent, with the local board's approval, to issue individual contracts for teaching positions.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1516
Title: S.B. 1516 (Section 8)
Source: www.azleg.state.az.us

ARSigned into law 04/2005P-12Incorporates references to the state's Automated Fingerprint Identification System. Expands the definition of "cause" for purposes of waiving or suspending a teacher's license. Among changes to definition, includes 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. Deletes references to voluntary surrender of license. Allows state board to determine an applicant for a noncertified position in a district ineligible for employment has pleaded guilty or nolo contendere for specified crimes; 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; has an expunged or pardoned conviction for any sexual or physical abuse offense committed against a child; 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 of education, or the division of legislative audit; or 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.

Amends definition of "fraudulent act" in Arkansas Code § 6-17-421.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf
Title: S.B. 1044 (sections 1-10)
Source: www.arkleg.state.ar.us

ARSigned into law 04/2005Postsec.
Community College
Allows criminal history background checks of certain students and prospective students. Allows electronic dissemination of criminal history information to institutions of higher education for students enrolled in, and prospective students seeking enrollment to, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education in the state, with the written consent of the student or prospective student for the noncriminal justice purposes.

http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2595.pdf
Title: H.B. 2595
Source: www.arkleg.state.ar.us

AZSigned into law 04/2005P-12Allows charter schools to hire personnel who have not yet received a fingerprint clearance card provided the charter school has followed specified procedures.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2596
Title: H.B. 2596
Source: www.azleg.state.az.us

AZSigned into law 04/2005P-12Exempts volunteers and guest speakers engaged in instructional or supervisory work in a charter school from having a valid fingerprint clearance card provided they are accompanied in the classroom by a person with a valid fingerprint clearance card.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1059
Title: S.B. 1059
Source: www.azleg.state.az.us

MSSigned into law 04/2005P-12Contract personnel with contact with students; revise procedure for criminal background checks.
Title: H.B. 1377
Source: StateNet

KYSigned into law 03/2005P-12Permits a school district superintendent to require a national criminal history background check for a certificated job applicant who has resided in Kentucky twelve months or less; requires any national history background check results to be sent to the hiring superintendent. Requires an applicant for any district position to divulge all states in which he or she has lived and the dates of residency, and to provide photo identification.
http://lrc.ky.gov/RECORD/05RS/HB88.htm
Title: H.B. 88
Source: lrc.ky.gov

ILSigned into law 08/2004P-12Amends the School Code, the Department of State Police Law of the Civil Administrative Code and the Juvenile Court Act with respect to criminal background investigations for applicants for employment with a school district. Provides for reimbursement to school districts and regional superintendents for fees paid to obtain checks. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0909
Title: H.B. 3977
Source: Illinois Legislative Web site

ILSigned into law 08/2004P-12
Postsec.
Community College
Amends the Unified Code of Corrections and the Sex Offender Registration Act, including amending the definition of school to include public or private, trade or professional institution. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0979
Title: S.B. 2607
Source: Illinois Legislative Web site

CASigned into law 07/2004P-12Relates to existing law which sets forth the duties of various private and public entities, including, but not limited to, county boards of education and school districts, with regard to the employment and certification of persons who have been convicted of specified sex offenses to include the offense of continuous sexual abuse of a child within the definition of sex offense. http://www.leginfo.ca.gov/pub/bill/asm/ab_0851-0900/ab_891_bill_20040709_chaptered.html
Title: A.B. 891
Source: California Legislative Web site

AKSigned into law 06/2004P-12Relates to criminal history records and background checks; allows persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development due to a delay in receiving criminal history records; allows teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date."
http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0179Z&session=23
Title: S.B. 179
Source: Alaska Legislative Web site

ARRule Adoption 06/2004P-12Establishes rules regarding criminal background checks for employment of personnel in school districts, criminal background check for fraudulent acts by fiscal officers of public school districts, and the Board's authority to allow employment eligibility in certain cases. http://arkedu.state.ar.us/pdf/ade%20172%20criminal%20background%20checks.pdf
Title: ADE 172
Source: Arkansas State Web site

LASigned into law 06/2004P-12Allows the state board to disqualify an applicant for employment or for a license, permit or certificate for an occupation, trade or profession based solely on the applicant's possession of a prior criminal record. Legislative digest: http://www.legis.state.la.us/leg_docs/04RS/CVT1/OUT/0000LB4N.PDF Bill: http://www.legis.state.la.us/leg_docs/04RS/CVT4/OUT/0000LRRZ.PDF
Title: H.B. 96
Source: www.legis.state.la.us

OKSigned into law 06/2004P-12To be licensed as a teacher, requires both a national and state crimial history records check. The applicant is responsible for costs of records. http://www2.lsb.state.ok.us/2003-04SB/sb922_enr.rtf
Title: S.B. 922
Source: http://www2.lsb.state.ok.us

GAVetoed 05/2004P-12Requires local school boards to adopt a code of ethics; requires local units of administration to request a criminal check of teachers, principals, and other certificated professional personnel within 10 working days of hire. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb198.htm
Title: H.B. 198
Source: Georgia Legislative Web site

MSSigned into law 05/2004P-12Provides that private firms under contact with school districts to provide substitute teachers during the temporary absence of the regularly employed teacher shall request that the school district conduct a criminal background check on the contract employee. The determination of eligibility to work shall be made by the school district.

http://billstatus.ls.state.ms.us/documents/2004/pdf/SB/2400-2499/SB2498SG.pdf
Title: S.B. 2498
Source: StateNet

TNSigned into law 05/2004Postsec.Concerns sexual offenses; makes the name and address of any college in this state at which a sexual offender is employed or attends public information and available by October 1, 2004, on the Tennessee Internet home page for convictions occurring on or after July 1, 1997, rather than October 27, 2002. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0624.pdf
Title: S.B. 2097
Source: http://www.legislature.state.tn.us

COSigned into law 04/2004P-12Requires a school district to submit the name, date of birth, and social security number from the fingerprint form for each nonlicensed employee of the school district to the Department of Education; directs the department to create and maintain a database; requires the school district to notify the department when a nonlicensed employee no longer works for the school district; provides for purge of records for persons no longer employed. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/
Title: S.B. 62
Source: Colorado Legislative Web site

MISigned into law 04/2004P-12Requires order summary suspension of teacher's certificate, school administrator's certificate or state board approval of a person who has been convicted of any felony; amends provisions regarding powers and duties of the state board of education.

http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2004-PA-0051.pdf
Title: H.B. 5476
Source: StateNet

SCVeto overridden: legislature has overridden governor's veto 04/2004P-12Relates to an applicant for initial education certification being required to undergo a state fingerprint review; revises the time when the applicant shall undergo the review, the manner of the review and the individuals to whom this provision applies.http://www.scstatehouse.net/sess115_2003-2004/prever/154_20040318.htm
Title: S.B. 154
Source: StateNet

MNSigned into law 03/2004P-12Relates to civil actions; provides protection for disclosure of job reference information; requires disclosure of data between school districts and charter schools relating to acts of violence or inappropriate sexual contact with students.
http://www.revisor.leg.state.mn.us/slaws/2004/c137.html
Title: H.F. 480
Source: StateNet

WASigned into law 03/2004P-12Regards investigation of complaints against school employees of sexual misconduct or physical abuse towards a child.
Title: S.B. 6171
Source: StateNet

WASigned into law 03/2004P-12Relates to providing increased access to information on disciplinary actions taken against school employees; relates to providing known information regarding employees' sexual misconduct when those employees attempt to transfer to different school districts.
Title: S.B. 5533
Source: StateNet

WVSigned into law 03/2004P-12Relating to grounds for the revocation of teacher certificates. http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4552%20enr.htm
Title: H.B. 4552
Source: West Virginia Legislative Web Site

ARSigned into law 02/2004P-12Requires criminal background checks for fraudulent acts by fiscal officers of public school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1140.pdf
Title: H.B. 1140
Source: Arkansas Legislative Web site

ARSigned into law 02/2004P-12Concerns a criminal records check as a condition for initial employment of noncertified personnel in school districts; allows the state board of education to grant a waiver to allow employment eligibility. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1122.pdf
Title: H.B. 1122
Source: Arkansas Legislative Web site

PASigned into law 12/2003P-12Amends the Public School Code. Amends provisions related to background checks of prospective employees, tax levy and limitations, per capita taxes, tuition for certain exceptional children in charter schools for the deaf and blind, Head Start supplemental assistance, higher education campus police powers, educational improvement tax credit and assistance to school districts suffering reduction in revenue due to assessed property valuation.
Title: S.B. 80
Source: StateNet

CASigned into law 09/2003P-12Requires the Commissioner of the California Highway Patrol and arresting law enforcement to give notices to specified school officials upon the arrest of a school employee for specified controlled substances or sex offenses, including the Commission on Teacher Credentialing if the employee is a teacher in a public school. Requires the commission to immediately notify the governing board of the school district employing that person. http://www.leginfo.ca.gov/pub/bill/asm/ab_0601-0650/ab_608_bill_20030926_chaptered.html
Title: A.B. 608
Source: California Legislative Web site

NYSigned into law 09/2003P-12Requires that a criminal background check be performed on any individual who is employed by a supplemental education services provider.
Title: S.B. 5546
Source: StateNet

ILSigned into law 08/2003P-12Amends various Acts relating to criminal history records checks. Provides that applicants for various occupations, including prospective school employees, submit fingerprints to the Department of State Police. Provides for a fee for the records check. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=564&GAID=3&DocTypeID=HB&LegID=1020&SessionID=3
Title: H.B. 564
Source: Illinois Legislative Web site

MISigned into law 08/2003P-12Requires the department to maintain a professional personnel register and certificate revocation/felony conviction files.
http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf
Title: H.B. 4391 (multiple provisions)
Source: www.michiganlegislature.org

ORTemporary Rule Adoption 08/2003P-12Amends rules to authorize the Department of Education to conduct on behalf of a school district or a private school criminal records checks of potential school employees, other than teachers, who will have direct, unsupervised contact with children. Provides a list of offenses that the District prohibits from being hired. Clarifies the definition of 'conviction'. OREGON REG 24619 (SN)
Title: OAR 581-022-1730, -1732
Source: StateNet

NCSigned into law 07/2003P-12Enhances the ability of the State Board of Education to safeguard schoolchildren through automatic revocation of teacher certificates upon conviction of certain crimes, and the use of investigative services as needed.
Title: S.B. 993
Source: StateNet

NYSigned into law 07/2003P-12Authorizes the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check.
Title: S.B. 5059
Source: StateNet

WIVetoed 07/2003P-12Permits an educational agency to refuse to employ or to terminate from employment an unpardoned felon.
Title: A.B. 41
Source: StateNet

COSigned into law 06/2003P-12Requires courts to report felony convictions to the Department of Education when the convicted person is a current or former employee of a school district or charter school in Colorado or the person holds an educator license or authorization. The reporting requirement includes incest offenses where the victim is under 18 years of age. The Department of Education would provide information regarding convictions for
misdemeanor crimes involving domestic violence upon an inquiry from school districts or a nonpublic school. After receiving information from the court or from the Colorado Bureau of Investigation, the Department of Education would report the following arrests or convictions to the school district that is the offender's current or last known employer: a felony offense; certain misdemeanors involving indecent exposure, unlawful sexual behavior, wrongs to children, child prostitution, and any counterpart municipal offenses; and misdemeanors involving domestic violence. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/F6B2F2132B86C7C887256C5A0061E0FD?Open&file=1114_enr.pdf
Title: H.B. 1114
Source: Colorado Legislative Web site

LASigned into law 06/2003P-12Adds a charge of immorality as a cause for dismissal of a teacher, bus driver, or permanent employee; defines immorality as conviction of a felony offense against the public morals.
http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB778&doctype=BT
Title: H.B. 778
Source: www.legis.state.la.us

MEVetoed 06/2003P-12Restricts fingerprinting of educational personnel to new hires. Specifies that statistics and other information gathered during fingerprinting and background checks of educational personnel are public information, but that dissemination of such information must preserve confidentiality of the information. Specifies how statistics and other information may be disseminated. Allows state board to establish criminal offenses, fraud or gross incompetence as grounds for denial of teaching certificate or approval. Allows consideration of prior criminal convications as element of fitness to be certified or renewed, within 3 years of applicant's final release from a correctional system. After those 3 years, an applicant with a prior criminal conviction who applies for certification or approval must be considered in the same manner as an applicant with no prior prior criminal convictions. Specifies that crime punishable by one year or more of imprisonment or conviction of crime that relates directly to certification or approval by applicant or that demonstrates conduct that may endanger a child are grounds for revocation, suspension or nonrenewal. Places burden of proof of warranting public trust on applicant.
http://www.mainelegislature.org/legis/bills/billdocs/LD089001.doc
Title: H.P. 667 (LD 890)
Source: www.mainelegislature.org

MOSigned into law 06/2003P-12Requires the state board to adopt rules to facilitate job-sharing positions for classroom teachers, as the term "job-sharing" is defined in this section. Rules must allow a classroom teacher in a job-sharing position to receive paid legal holidays, annual vacation leave, sick leave and personal leave on a pro rata basis. "Job-sharing position" must mean any position: (1) Shared with one other employee; (2) Requiring employment of at least seventeen hours per week but not more than twenty hours per week on a regular basis; and (3) Requiring at least seventy percent of all time spent in classroom instruction as determined by the employer; provided that, job sharing position shall not include instructional support or school services positions including, but not limited to, guidance counselor, media coordinator, psychologist, social worker, audiologist, speech and language pathologist, and nursing positions. Specifies that any teacher participating in the job-sharing program must be a member of the public school retirement system, and must receive creditable service on a pro rata basis in that system. Requires any such person to have the option of being a member of the nonteacher school employee retirement system. The option election must be filed with the board of trustees of the public school retirement system within ninety days of first such employment or within ninety days of August 28, 2003, whichever later occurs.
http://www.house.state.mo.us/bills03/biltxt/truly/HB0346T.HTM
Title: H.B. 346 (multiple provisions)
Source: www.house.state.mo.us

MOSigned into law 06/2003P-12Specifies that all valid teaching certificates issued prior to September 1988 are exempt from the professional development requirement that follows. Narrows types of teacher licences available to an initial professional certificate and a career continuous professional certificate. Specifies that the state board must require holders of the four year initial professional certificate to: (a) Participate in a mentoring program approved and provided by the district for a minimum of two years; (b) Complete thirty contact hours of professional development, which may include hours spent in class in an appropriate college curriculum; and (c) Participate in a beginning teacher assistance program. Changes requirements for receipt of the career continuous professional certificate to: four years of teaching under the initial professional certificate and upon verification of the completion of the requirements articulated in paragraphs (a), (b), and (c) of subdivision (1) of this subsection. (b) The career continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines and completion of fifteen contact hours of professional development per year which may include hours spent in class in an appropriate college curriculum. Should the possessor of a valid career continuous professional certificate fail, in any given year, to meet the fifteen-hour professional development requirement, the possessor may, within two years, make up the missing hours. In order to make up for missing hours, the possessor shall first complete the fifteen-hour requirement for the current year and then may count hours in excess of the current year requirement as make-up hours. Should the possessor fail to make up the missing hours within two years, the certificate shall become inactive. In order to reactivate the certificate, the possessor shall complete twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate. The requirements of this paragraph shall be monitored and verified by the local school district which employs the holder of the career continuous professional certificate.
(c) A holder of a career continuous professional certificate shall be exempt from the professional development contact hour requirements of paragraph (b) of this subdivision if such teacher has a local professional development plan in place within such teacher's school district and meets two of the three following criteria:
a. Has ten years of teaching experience as defined by the state board of education;
b. Possesses a master's degree; or
c. Obtains a rigorous national certification as approved by the state board of education.

Allows a teacher who has not been employed in an educational position for three years or more to reactivate his or her last level of certification by completing twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate.

Requires the state board to, upon an appropriate background check, issue a professional certificate classification in the areas most closely aligned with an applicant's current areas of certification, commensurate with the years of teaching experience of the applicant, to any person who is hired to teach in a public school in this state and who possesses a valid teaching certificate from another state, provided that the certificate holder shall annually complete the state board's requirements for such level of certification.

Adds that pleading guilty or being found guilty of enticement of a child or attempting to entice a child are offenses that will cause a teaching license to be revoked. Adds that when a teaching certificate holder pleads guilty or is found guilty of any offense that would authorize the state board of education to seek discipline against that holder's certificate of license to teach, the local board of education or the department of elementary and secondary education shall immediately provide written notice to the state board of education and the attorney general regarding the plea of guilty or finding of guilty.

http://www.senate.state.mo.us/03info/billtext/tat/sb296.htm
Title: S.B. 296 (multiple provisions)
Source: www.senate.state.mo.us

IASigned into law 05/2003P-12Requires any local board, superintendent or head of any nonpublic school to report to the state educational examiners board every instance of revocation or nonrenewal of a school employee's contract due to alleged or actual misconduct, as well as the resignation of the individual holding the license or authorization from the educational examiners board, when the incident or allegation concerns a crime that requires the licensing board to automatically revoke or deny certification, if the local board or reporting official has good cause to believe the incident took place or the allegation is true. Specifies that such information reported to the educational examiners board is confidential and, notwithstanding special circumstances, is not subject to discovery, subpoena or other forms of legal compulsion for release to any individual other than the respondent and the examiners board and its employees involved in licensee discipline, and is not admissible in evidence in judicial or administrative proceedings beyond the proceeding concerning licensee discipline. Requires the educational examiners board to review the information to determine whether a complaint should be initiated, taking into account the crimes for which a license must be denied or revoked according to state statute.
See Section 16: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

IASigned into law 05/2003P-12Allows a temporary contract to be issued to a teacher to fill a vacancy created by a leave of absence occasioned by a teacher's taking of military leave. Such temporary contract must automatically terminate when the former incumbent returns from military leave. Such contracts are not subject to certain protections and procedures extended to teachers under standard contracts.
See Section 31: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

IASigned into law 05/2003P-12Requires the state board of educational examiners to disqualify an individual from obtaining a teaching license or revoke the teaching license of any individual who pleas guilty or is found guilty of "sexual exploitation by a school employee," regardless of the state or country in which the plea or finding was entered. See Section 14: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

INSigned into law 05/2003P-12Revises policies a school may adopt concerning criminal history checks; requires a prosecuting attorney to notify the state superintendent of public instruction and the employer when a licensed school employee is convicted of certain offenses; revises grounds for which teachers' licenses may be revoked and contracts may be canceled; makes changes concerning liability in legal actions; provides civil immunity for making certain reports concerning a teacher; changes the law concerning seduction of a child at least 16 years of age to add certain actions that constitute the offense and to expand coverage to all employees of a child's school. http://www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=1620
Title: H.B. 1620
Source: Indiana Legislative Web site

MESigned into law 05/2003P-12Beginning with the 2003-2004 school year, requires a person employed as a substitute teacher and a person who is a regular school employee and who also needs fingerprinting and a criminal history record check to be issued a temporary approval card by the Department of Education and to meet the fingerprinting and criminal history record check requirements within 8 weeks of employment. Specifies that for a person who has been fingerprinted pursuant to this section prior to the 20th day of employment and who has not received the results of the criminal history record check prior to the 9th week of employment, the temporary approval card remains valid until the commissioner determines whether approval is granted or denied based on the criminal history record information obtained from the State Bureau of Identification.
http://www.mainelegislature.org/legis/bills/billdocs/LD103201.doc
Title: H.P. 749 (LD 1032)
Source: www.mainelegislature.org

OKSigned into law 05/2003P-12Relates to criminal history checks for licensing of bailbondsman, security guards and private investigator licensure, school district teacher employment, members of the Horse Racing Commission, members of the Alcoholic Law Enforcement Commission, precious metal and gem dealer licensing, and the practice of law.
Title: H.B. 1469
Source: StateNet

WASigned into law 05/2003Postsec.Revises provisions relating to registration of sex offenders and kidnapping offenders; requires such offenders who gain employment or student status at an institution of higher education to register with the sheriff of the county of residence or location of the institution. http://www.leg.wa.gov/pub/billinfo/2003-04/House/1700-1724/1712_pl_04252003.txt
Title: H.B. 1712
Source: StateNet

MSSigned into law 04/2003P-12Adds that any nonpublic school accredited or approved by the state board may use the procedures established in statute for criminal background checks of public school employees, and must pay the same fees for these checks as public school employees.
http://billstatus.ls.state.ms.us/documents/2003/html/HB/0700-0799/HB0742SG.htm
Title: H.B. 742
Source: billstatus.ls.state.ms.us

TNSigned into law 04/2003P-12Clarifies that criminal history records check for persons working with children will include check conducted by federal bureau of investigation along with Tennessee bureau of investigation; clarifies that federal bureau of investigation will be reimbursed for cost of check in same as Tennessee bureau of investigation; includes religious, charitable, scientific, educational, or athletic institution or organization requesting such information.
Title: H.B. 1314
Source: StateNet

NMSigned into law 03/2003P-12Amends Section 22-10A-5 by adding a requirement for superintendents to report to the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the employee. The state board may suspend or revoke the license of any superintendent who fails to report as required. Any person who reports this type of information shall not be held liable for civil damages, provided that the person being accused has the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf
Title: H.B. 212 (Omnibus Bill)
Source: New Mexico Legislature

SDSigned into law 03/2003P-12Clarifies and revises certain provisions concerning criminal background investigations of school district employees and student teachers.
Title: S.B. 157
Source: StateNet

NJSigned into law 12/2002P-12Provides for notification of charges pending for a disqualifying crime or offense against a public or nonpublic school employee or school bus driver who has previously undergone a criminal history background check.
Title: S.B. 1709
Source: StateNet

OKEmergency Rule Adoption 12/2002P-12Establishes emergency rules regarding teacher education and certification. Changes rules to require all first-time Oklahoma teachers to have on file with the State Board of Education a current Oklahoma criminal history and a national fingerprint-based criminal history record provided by the FBI. OKLAHOMA REG 12687 (SN)
Title: OAC 210:209-9-91
Source: StateNet

MASigned into law 11/2002P-12Defines enticement. Requires any organization offering activities or programs to children age 18 or younger and that uses volunteers to obtain all available criminal offender record information from the criminal history systems board before accepting the individual as a volunteer. Any company providing student transportation services must give the appropriate school board or superintendent names of any employees who may have direct, unmonitored contact with children, so that the board or superintendent may obtain background check information. Also requires local board and superintendent as well as principal of public or accredited private school to have access to and obtain all available criminal offender record information from the criminal history systems board for any current or prospective employee or volunteer in the district who may have direct, unmonitored contact with children, including transportation personnel. The local board, superintendent or principal must obtain all available information on all existing employees or volunteers at least every three years. The local board, superintendent or principal must also have access to all criminal offender record information for any subcontractor or laborer working on school grounds and who may have direct, unmonitored contact with children. http://www.state.ma.us/legis/laws/seslaw02/sl020385.htm
Title: S.B. 2436
Source: www.magnet.state.ma.us/legis

MTRule Adoption 11/2002P-12Establishes rules regarding criminal history background check, substitute teachers, teacher license classification, definition of 'immoral conduct', investigation, and reporting of the surrender, denial, revocation or suspension of a license. Addresses accreditation, teacher certification, hearing procedures, and repeal of ARM 10.57.103 thru .407 relating to teacher certification.
Title: ARM New Rule I thru III, XXVIII, XXIX, XXX, XXXI; 10.55.602 thru .710 (non-seq); 10.57.101 thru .801 (non-seq.); Repeal 10.57.103 thru .406 (non-seq); New Rule I/Criminal History Background Check
Source: StateNet

UTAdopted 09/2002P-12Provides procedures and an appeals process for an individual seeking a Utah educator license for the first time. Provides for submission of information, including a background check, evaluation of materials. UTAH REG 25222 (SN)
Title: R686-104
Source: StateNet

AZSigned into law 08/2002P-12Requires that upon the conviction of a person of an offense in this title or of any felony, if the person is teaching in a charter school, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion is filed, shall be sent by the clerk of the court, or by the magistrate, to the charter school. Requires anyone wishing to open a charter school and who will have direct contact with students to possess a valid Class 1 or Class 2 fingerprint clearance card. Requires all classroom teachers, supervisory teachers, speech therapists and principals in charter schools to have a valid Class 1 or Class 2 fingerprint clearance card issued by the state. Prohibits a charter school from employing a teacher whose certificate has been revoked for specified offenses or for any offense that placed a student in danger. Requires all other charter school staff to be fingerprint checked. Requires that before employment, the charter school must make a documented good faith effort to communicate with former employers of an individual to obtain information and recommendations relevant to an individual's suitability for employment. Requires the charter school to notify the Department of Public Safety if the charter school or sponsor obtains credible evidence that a person in possession of a valid Class 1 or Class 2 fingerprint clearance card is arrested for or charged with specified offenses. http://www.azleg.state.az.us/legtext/45leg/5s/bills/sb1008s.htm
Title: S.B. 1008E
Source: www.azleg.state.az.us

COSigned into law 06/2002P-12Expands inquiry process at nonpublic schools from applicants to include employees of such schools. If nonpublic school employee is subject of inquiry, he/she must submit a complete set of his/her fingerprints to the governing board of the school. Requires department to forward nonpublic school employee fingerprints to state bureau of investigation for completion of state and national criminal history record check. Department is designated as authorized agency to receive and disseminate information concerning the results of a national criminal background check of nonpublic school employee, and department must inform the governing board whether the background check has confirmed any conviction, plea of no contest, deferred sentence or deferred prosecution. Expands requirement beyond misdemeanor to add that when there is good cause to believe a nonlicensed staff member of a school district has been convicted of a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction, the district must require such person to provide the district with a complete set of his/her fingerprints within 20 days of receipt of written notification from the district. Eliminates phrase that this requirement shall apply to only those personnel employed by the district since January 1, 1991. Eliminates language exempting from this requirement any person who has submitted fingerprints to any Colorado school district in the two-year period immediately preceding date of receipt of written notification requesting fingerprints and who has given written consent to the transfer of copies of previously submitted fingerprints to the requesting district. http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/06A41A17C4F3B75587256B3D00642F0C?Open&file=1459_enr.pdf
Title: H.B. 1459
Source: http://www.leg.state.co.us

RITo governor 06/2002P-12This act would permit an applicant for employment with a private school or public school department to apply for a national and state criminal records check with the state police or their local police department. Such applicants are now required to apply to the bureau of criminal identification or the department of attorney general. This act would take effect upon passage.
Title: S.B. 2468
Source: Lexis-Nexis/StateNet

RITo governor 06/2002P-12Requires applicants for employment with a school to apply to local state police and state police departments as well as the Bureau of Criminal Investigations of the Attorney General. This act would take effect upon passage.
Title: H.B. 7143
Source: Lexis-Nexis/StateNet

TNSigned into law 06/2002P-12Prohibits issuance of certificate to drive school bus in this state if applicant has been convicted of driving under the influence, vehicular homicide, or aggravated vehicular assault within 5 years of application for certificate.
Title: H.B. 2106
Source: Lexis-Nexis/StateNet

MNSigned into law 05/2002P-12Provides employer immunity for reference checks for residential service and programs for children, juveniles, and persons with developmental disabilities; includes personal care provider organizations, day training and habilitation services, and board and lodging facilities. Requires school district or charter school to disclose private personnel data on a current or former employee related to documented violence toward or sexual contact with a student. http://www.revisor.leg.state.mn.us/cgi-bin/bldbill.pl?bill=H3092.4&session=ls82
Title: H.B. 3092
Source: www.revisor.leg.state.mn.us

ALSigned into law 04/2002P-12Amends the State Child Protection Act; subjects all employees with unsupervised access to children in an education setting to criminal history background information checks; provides for check procedure; allows checks to be performed on current employees, contingent on certain funding requirements.http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/sb21.htm
Title: S.B. 21
Source: alisdb.legislature.state.al.us

GASigned into law 04/2002P-12Modifies language relating to teachers certified by the National Board for Professional Teaching Standards. Modifies language relating to duties, membership, compensation and preliminary investigations of violations by the Professional Standards Commission. Permits the Professional Standards Commission to access criminal histories of educators through the Georgia Crime Information Center and the National Crime Information Center. http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb368.htm
Title: S.B. 368
Source: www.legis.state.ga.us

IASigned into law 04/2002P-12Expands the board of educational examiners' authority with regard to licensee disciplinary investigations and proceedings.
Title: H.B. 2482
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Permits nonpublic schools that have voluntarily been certified by the Board of Education to conduct national and state criminal background checks on new certified hires. http://www.lrc.state.ky.us/record/02rs/HB595/bill.doc
Title: H.B. 595
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Requires all new applicants and persons initially renewing a commercial drivers license (CDL) to undergo a criminal background check; allows a person who is not a resident to be issued a CDL instruction permit and CDL if the person is enrolled in a truck driving program; provides that nonresidents are issued a provisional Class D license for purposes of including an instruction permit in a single license; increases fees for duplicate CDLs.
Title: H.B. 189
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Relates to commercial driver licenses and commercial driver training schools; requires all persons applying for a license to operate a CDL driver training school, and all persons applying to be a CDL driver training instructor to undergo a criminal history background check; requires all CDL schools to own or lease at least one commercial motor vehicle; expands definition of residency; requires annual report on the Motorcycle Safety Education Fund.
Title: H.B. 190
Source: Lexis-Nexis/StateNet

MNSigned into law 04/2002P-12Modifies procedures for school bus driver background checks.
Title: S.B. 2949
Source: Lexis-Nexis/StateNet

MSSigned into law 04/2002P-12Requires fingerprinting and background checks for newly hired school attendance officers.
Title: H.B. 643
Source: Lexis-Nexis/StateNet

MSSigned into law 04/2002P-12School employees criminal history record check requirement; include school attendance officers and delete repealer.
Title: S.B. 2223
Source: Lexis-Nexis/StateNet

INVetoed 03/2002P-12Requires a prosecuting attorney to notify the state superintendent of public instruction and the employer when a licensed school employee is convicted of certain offenses; makes changes in the grounds for which teachers' licenses may be revoked and contracts may be canceled; requires consultation with a teacher before action is initiated to discipline a student. http://www.in.gov/legislative/bills/2002/HE/HE1202.1.html
Title: H.B. 1202
Source: Lexis-Nexis/StateNet

MEPublic Law No. 03/2002P-12Terminates the Educational Leave Advisory Board; declares the educational leave program for state employees to be in public interest.
Title: H.B. 1616
Source: Lexis-Nexis/StateNet

RIBecame law without GOVERNOR'S signature 07/2001P-12States any person seeking employment with a private school who has not previously been employed by a private school or public school department in Rhode Island in the last 12 months shall undergo a national and state criminal background check; exempts those hired before a set date and/or have been continuously employed by a public school department in Rhode Island during the last 12 months; states the Attorney General shall destroy an applicant's fingerprints upon completion.
Title: H.B. 5288
Source: Lexis-Nexis/StateNet

LASigned into law 06/2001P-12Requires in a criminal history review of a school employee the reporting of all felonies and all offenses against a minor of which a person has been convicted or pled nolo contendere.
Title: S.B. 117
Source: Lexis-Nexis/StateNet

MEVetoed 06/2001P-12(LD 1090) Repeals the law requiring background checks and fingerprinting of school employees; corrects cross-references to the repealed provisions.
Title: S.B. 322
Source: Lexis-Nexis/StateNet

ORSigned into law 06/2001P-12Relates to youth sports coaches and supervisors; requires youth sports providers to create and adopt a list of crimes that would preclude individuals from coaching or supervising youth sports activities; provides for criminal background checks for such individuals; requires all coaches and supervisors to complete a sports education program.
Title: H.B. 2781
Source: Lexis-Nexis/StateNet

KYSigned into law 05/2001P-12Relates to criminal records checks; provides that any criminal records checks for school volunteers are valid for five years unless school board determines an additional check is needed earlier based on hearsay or actual evidence; provides that students in an educational institution that observes or participates in educational activities under supervision of a teacher or administrator are exempt from certain provisions; requires teachers to have criminal records checks.
Title: H.B. 204
Source: Lexis-Nexis/StateNet

OKSigned into law 04/2001P-12Relates to requirement of filing of criminal history record for teacher licensure; requires certain notification about school employees.
Title: H.B. 1253
Source: Lexis-Nexis/StateNet

WVSigned into law 04/2001P-12Applicants for initial license must be fingerprinted by state police and then have prints forwarded to the FBI for national criminal history record check. Applicant pays the cost.
Title: H.B. 3049
Source: West Virginia Department of Education Legislative Update

NDSigned into law 03/2001P-12Allows fingerprint checks to be done by a law enforcement officer or a properly trained designee of a
law enforcement officer.
Title: H.B. 1225
Source: North Dakota Legislative Web Site

SDSigned into law 02/2001P-12Revises the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator; permits revocation or refusal to issue a certificate for certain offenses involving moral turpitude, including certain traffic and marijuana offenses.
Title: S.B. 63
Source: Lexis-Nexis/StateNet

SDSigned into law 02/2001P-12Exempts certain school district employees from the requirement for certain background checks.
Title: S.B. 91
Source: Lexis-Nexis/StateNet

SDSigned into law 02/2001P-12Any school district employee who is employed by more than one school district is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional school district. The results of the background investigation shall be transferred to any additional school district from the initial school district that obtained the criminal background investigation if the additional school district or the school district employee requests in writing to the initial school district that the results be transferred and the school district employee who was the subject of the criminal background investigation signs a written release authorizing the transfer.
Title: S.B. 117, S.B. 91
Source: http://www.state.sd.us/state/legis/lrc.htm

VASigned into law 02/2001P-12Provides that criminal histories obtained by school boards for those who are offered or accept permanent, temporary, full or part time school board employment, address all felony and misdemeanor convictions and equal offenses in other states; provides that reports of all arrests of such employees will now be reported to school boards and such employees must then submit to fingerprinting and a criminal history checks, also expanded to include felony and misdemeanor convictions.
Title: H.B. 1996
Source: Lexis-Nexis/StateNet

VASigned into law 02/2001P-12Authorizes local school boards to exchange information obtained from a criminal history records check of an applicant, if the applicant has requested and given permission in writing that another school board to which he has applied for employment may be informed of the results.
Title: H.B. 2588
Source: Lexis-Nexis/StateNet

NYSigned into law 07/2000P-12Relates to the protection of pupils in educational settings from abuse and maltreatment; requires the fingerprinting and criminal history records checks of prospective employees of school districts, charter schools and boards of cooperative educational services and teachers and administrators applying for licensure or certification.
Title: S.B. 1031
Source: Lexis-Nexis/StateNet

NYSigned into law 07/2000P-12Relates to fingerprinting and criminal history records checks as they apply to persons applying for a position in a school district and the payment of fees for said searches.
Title: S.B. 8239
Source: Lexis-Nexis/StateNet

FLSigned into law 06/2000P-12Relates to health care; relates to kidney dialysis patients; relates to the Children's Medical Services Program; relates to the Brain and Spinal Cord Injury Program; relates to Biomedical Research Program within the Lawton Chiles Endowment Fund; develops an immunization registry; provides for the electronic transfer of records between health care professionals and other agencies; relates to a person who provides services under a school health services plan for purposes of background screening.
Title: S.B. 2034
Source: Lexis-Nexis/StateNet

ILSigned into law 06/2000P-12Public Act No. 91-728; Amends the Chicago School District Article of the School Code; makes changes concerning the ineligibility of persons to be elected to a local school council, the criminal background investigation of local school council members, a local school council's decision to retain or not retain a principal, and the term of a principal's performance contract.
Title: H.B. 3840
Source: Lexis-Nexis/StateNet

NHSigned into law 06/2000P-12Modifies the crimes that prevent a person from being hired by a school administrative units, school district and charter school; modifies the procedures for criminal history records checks by school administrative units, school districts and charter schools.
Title: H.B. 304
Source: Lexis-Nexis/StateNet

ALSigned into law 05/2000Postsec.Relates to campus police departments of colleges or universities in this State which offers medical, nursing, or health care education, or which operate a hospital facility, including the University of Alabama in Birmingham and the University of South Alabama, to authorize such police departments to request criminal background checks for prospective employees of the college or university and to charge each prospective employee a background check fee.
Title: H.B. 485
Source: Lexis-Nexis/StateNet

HISigned into law 05/2000P-12Requires the Department of Health to conduct criminal history records checks for employees, applicants, providers, and subcontractors in positions which necessitate direct contact with clients when providing non-witnessed direct mental health services; requires private schools in cooperation with the Hawaii criminal justice data center, to conduct criminal history verifications of applicants for employment in positions necessitating close proximity to children.
Title: H.B. 2098
Source: Lexis-Nexis/StateNet

IASigned into law 05/2000P-12Authorizes school districts and nonpublic schools to perform certain criminal and abuse record checks.
Title: S.B. 228
Source: Lexis-Nexis/StateNet

IASigned into law 05/2000P-12Provides for the designation of investigative information possessed by the board of educational examiners as privileged and confidential; relates to licensee discipline.
Title: S.B. 292
Source: Lexis-Nexis/StateNet

ILSigned into law 05/2000P-12Public Act No. 91-4587; Amends the School Code to provide that the School Safety and Educational Improvement Block Grant Program shall provide funding for school report cards and criminal background investigations; adds the Summer Bridges program to the programs included in the general education block grant.
Title: H.B. 4587
Source: Lexis-Nexis/StateNet

MESigned into law 05/2000P-12Public Law No. 791., (LD 2490)Requires the State to pay the costs of the fingerprinting and background checks of current and prospective elementary and secondary school employees.
Title: S.B. 951
Source: Lexis-Nexis/StateNet

MSSigned into law 05/2000P-12Requires fingerprinting and criminal records background checks for new public school licensed and nonlicensed employment applicants and for current employees on phased-in basis; prohibits employment or continued employment of persons determined through such checks to be guilty of certain felonies; authorizes waivers for mitigating circumstances; provides immunity to school districts and school district employees regarding certain employment decisions.
Title: S.B. 2658
Source: Lexis-Nexis/StateNet

ALSigned into law 04/2000P-12
Postsec.
Relates to the Child Protection Act of 1999; relates to criminal background checks; removes from the definition of a Local Employing Board all 2-year schools under the auspices of the State Board of Education and all 4-year institutions from the State.
Title: H.B. 132
Source: Lexis-Nexis/StateNet

AZSigned into law 04/2000P-12Relates to criminal screening of school employees; provides that a person applying for the renewal of a certificate shall have a valid class one or class two fingerprint clearance card; allows the Superintendent of Public Instruction to issue waivers of state statutory requirements to schools and school districts consistent with the Education Flexibility Partnership Act.
Title: S.B. 1116
Source: Lexis-Nexis/StateNet

AZSigned into law 04/2000P-12Relates to school employees; states a person applying for a certificate shall have a valid class one or class two fingerprint clearance card.
Title: H.B. 2220
Source: Lexis-Nexis/StateNet

IDSigned into law 04/2000P-12Requires that charter schools shall comply with the requirement that all school employees undergo a criminal history check.
Title: H.B. 522
Source: Lexis-Nexis/StateNet

IDSigned into law 04/2000P-12Provides for criminal history checks for private or parochial school employees or contractors upon request.
Title: H.B. 542
Source: Lexis-Nexis/StateNet

IDSigned into law 04/2000P-12Requires that any person who owns, operates or is employed by a private school for educational purposes for children four through six years of age or a private kindergarten shall comply with the criminal history checks as required for basic day care licenses.
Title: S.B. 1477
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2000P-12Requires state criminal records checks of adult volunteers in public schools who have contact with students on a regularly scheduled or continuing basis; permits school boards to pay costs of criminal records checks.
Title: H.B. 136
Source: Lexis-Nexis/StateNet

MEVetoed 04/2000P-12(LD 2540)Proposes to effect current law that requires teachers and other school employees in public schools or approved private schools to undergo fingerprinting and state and national criminal history record checks.
Title: S.B. 987
Source: Lexis-Nexis/StateNet

GASigned into law 03/2000P-12Background checks are required of all school personnel and are required of all certificated personnel upon any application for certificate renewal.
Title: H.B. 1187
Source: Geogia Department of Education

SDSigned into law 03/2000P-12Requires criminal background checks of school employees; prohibits employment of certain persons in schools.
Title: H.B. 1200
Source: Lexis-Nexis/StateNet

UTSigned into law 03/2000P-12Relates to disclosure of information relating to prior school employment; provides that an applicant for a teacher's license provide the licensing authority with an affidavit listing the higher education institutions attended by the applicant, and whether the applicants enrollment or eligibility for completion of a program was terminated by the institutions.
Title: H.B. 303
Source: Lexis-Nexis/StateNet

VASigned into law 03/2000P-12Requires the Department of Social Services to respond to requests by local school board in cases where there is no match within the central registry of a founded complaint of child abuse or neglect regarding applicants for employment within 10 business days of receipt of such requests.
Title: H.B. 865
Source: Lexis-Nexis/StateNet

VASigned into law 03/2000P-12Directs all school boards to require, as a condition of employment, fingerprinting for applicants who are offered or who accept school board employment, whether on a temporary, permanent, or part- or full-time basis; requires the submission of the fingerprints and descriptive information through the Central Criminal Records Exchange to the Federal Bureau of Investigation to obtain the applicant's national criminal records history.
Title: H.B. 1238
Source: Lexis-Nexis/StateNet

VASigned into law 02/2000P-12Requires applicants who are offered or who accept permanent or temporary, part-time or full-time employment with the school board to submit to fingerprinting and a criminal history record check through the Central Criminal Records Exchange of the Federal Bureau of Investigation.
Title: H.B. 1097
Source: Lexis-Nexis/StateNet

LASigned into law 07/1999P-12Relates to the provision of information to protect children; authorizes the State Board of elementary and Secondary Education to establish certain procedures for the State Department of Education to request and obtain specified criminal history background information on applicants for or recipients of any certificate or license issued by the department or by the board in accordance with state law or board policy.
Title: H.B. 2213
Source: Lexis-Nexis/StateNet

LASigned into law 06/1999Postsec.Authorizes university and college police officers to conduct criminal background checks on prospective employees using information obtained from the Louisiana Bureau of Criminal Identification and Information; relates to public universities, including community and technical colleges.
Title: H.B. 1041
Source: Lexis-Nexis/StateNet

UTSigned into law 03/1999P-12Requires the Criminal Investigations and Technical Services Division of the Department of Public Safety to maintain a separate file of fingerprints submitted for a criminal background check on school personnel and notify the state office of education when a new entry is made against a person whose fingerprints are held in the file; modifies requirements as to who pays for a background check; provides the State Office of Education with access to child and family services records and reports and juvenile court records for the purpose of evaluating whether an individual should be permitted to obtain or retain an educator's license or serve as an employee or volunteer in a school.
Title: H.B. 364
Source: Lexis-Nexis/StateNet

IDSigned into law 02/1999P-12Amends existing law to Provide that a substitute teacher who has undergone a criminal history check at the request of one school district within the previous three years shall not be required to undergo another criminal history check if employed in another district; provides that if a district next employing the teacher still elects to require a criminal history check within the three-year period the district shall be required to pay the costs thereof or reimburse the teacher for costs.
Title: H.B. 271
Source: Lexis-Nexis/StateNet

VTSigned into law 09/1998P-12Requires criminal background checks of all public and private school employees, contractors and their employees. Is effective January 1, 1999. Persons employed at date of passage are grandfathered.
Title: H.B. 475
Source: Vermont Department of Education

RISigned into law 07/1998P-12Requires a criminal history records check for new school employees and applicants.
Title: H.B. 7873 Criminal History Records Check
Source: Information for Public Affairs, Inc.

OKSigned into law 06/1998P-12Adds conviction of any sex offense subject to the Sex Offenders Registration Act to the list of reasons a district employee may be dismissed. Makes it unlawful for any person or business offering services on school premises to knowingly allow any such person registered to work on the premises.
Title: S.B. 1394
Source: Research Division, Oklahoma House of Representatives

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