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16-22A-30
Section 16-22A-30 Criminal background information checks of current public employees. (a) A
criminal history background information check shall be conducted on all current public certified
employees and all current public noncertified employees employed by a local employing board,
and any State Department of Education personnel, as determined by the State Superintendent
of Education, who have unsupervised access to and provide education, training, instruction,
or supervision for children in an educational setting. (b) Each current public certified employee
and current public noncertified employee employed by a local employing board shall be notified
by the State Department of Education that the State Superintendent of Education will provide
a suitability determination, based upon convictions, pending criminal charges, and suitability
criteria for public employment, to his or her local employing board. Each current public certified
employee and current public noncertified employee shall...
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22-18-9
Section 22-18-9 Criminal history background checks. (a) When reviewing an applicant for initial
licensure under this article, the Board of Health may require a fingerprint-based state and
national criminal background check through the Alabama State Law Enforcement Agency for purposes
of determining the applicant's suitability for licensure. (b) The applicant shall pay all
costs associated with a required criminal background check at the same time the applicant
pays the initial licensure fee. (c) Upon receipt of an authorized request and payment from
the board, the Alabama State Law Enforcement Agency shall promptly cause the criminal background
check to be conducted and return the results directly to the board. (d) Results of the criminal
background check received by the board shall be privileged and shall not be a public record
nor disclosed to any individual within the Board of Health beyond those authorized, as determined
by the board. The Board of Health shall comply with rules of...
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16-22A-31
Section 16-22A-31 Written consent; additional check. (a) The following persons shall obtain
a signed and dated written consent to obtain criminal history background information checks
for current public certified employees and current public noncertified employees who have
or seek to have unsupervised access to children in an educational setting: (1) Persons designated
by the public local employing board. (2) Persons designated by the State Department of Education.
(b) Refusal by a current public certified employee and current public noncertified employee
to sign and date a consent to obtain a criminal history background information check and to
provide two acceptable sets of fingerprints shall result in the preclusion of continued employment
or certification of the employee in a position requiring unsupervised access to children,
until such time as written permission has been given to the local employing board to conduct
the criminal history background information check. (c) If a...
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16-22A-32
Section 16-22A-32 Collection of fingerprints; submission of materials. (a) Each local employing
board and other public educational entity required to obtain criminal history background information
checks of current public certified employees and current public noncertified employees pursuant
to this article shall cooperate with the State Department of Education in obtaining two complete
acceptable sets of fingerprints and written consent from each current employee who has or
seeks to have unsupervised access to a child or children. (b)(1) Each local employing board
and other public educational entity shall, upon request, submit the following items to the
State Department of Education for each current public certified employee and current public
noncertified employee: a. Two functional acceptable fingerprint cards, bearing the fingerprints
of the individual, properly executed by an individual properly trained in fingerprinting techniques.
b. Written consent authorizing the release of...
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16-22A-17
Section 16-22A-17 Disposition of fees. All fees received by the Department of Public Safety
for criminal history background information checks and fingerprint training courses conducted
pursuant to this chapter shall be deposited to the Public Safety Automated Fingerprint Identification
System Fund, to be appropriated to and expended by the Department of Public Safety in accordance
with Section 32-2-61. (Act 99-361, p. 566, §17.)...
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38-13-11
Section 38-13-11 Disposition of fees. All fees received by the Department of Public Safety
for criminal history background information checks conducted pursuant to this chapter shall
be deposited to the Public Safety Automated Fingerprint Identification System Fund, to be
appropriated to and expended by the Department of Public Safety in accordance with Section
32-2-61. (Act 2000-775, p. 1775, §11.)...
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41-9-652
Section 41-9-652 National Child Protection Act of 1993 approved and ratified; execution and
administration of compact. (a) The Legislature approves and ratifies the National Child Protection
Act of 1993, 42 U.S.C. §5119-5119(c), as amended, in order to facilitate the authorized interstate
exchange of criminal history information for noncriminal justice purposes, including, but
not limited to, background checks for the licensing and screening of employees and volunteers.
The secretary shall execute the compact on behalf of the state. The secretary may delay the
initial execution of the compact until funding is secured to establish the procedures and
hire the necessary staff or contract for services to fulfill the requirements and responsibilities
of this compact. (b) ALEA is the repository of criminal history records for purposes of the
compact and shall do all things necessary or incidental to carry out the compact. (c) The
secretary, or the secretary's designee, is the compact...
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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, §1.)...
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16-22A-18
Section 16-22A-18 Repealer. This chapter is supplementary to and shall be construed in pari
materia with other laws. To the extent that this chapter specifically conflicts with other
laws pertaining to criminal history background information checks, this chapter shall take
precedence. Nothing contained within this chapter shall be construed to diminish, reduce,
or conflict with the authority of the State Superintendent of Education to interpret and apply
federal and state education law for the State of Alabama. Those portions of Sections 26-20-1
through 26-20-6 relating to criminal background checks of public, private, parochial, and
home school employees are repealed. (Act 99-361, p. 566, §18; Act 2002-457, p. 1171, §1.)...
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16-22A-33
Section 16-22A-33 Submission of additional reports; suitability determination. Upon request
of the State Superintendent of Education, the Department of Public Safety shall request and
obtain nationwide criminal history background information reports from the Federal Bureau
of Investigation and statewide criminal history background information reports from the Alabama
Bureau of Investigation for each current public certified employee and current public noncertified
employee within a reasonable time after receipt of the request. Within a reasonable time after
receipt of the reports, the Department of Public Safety shall submit both the nationwide and
statewide criminal history background information reports directly to the State Department
of Education. (1) If the criminal history background information reports pertain to a current
public certified employee, the State Superintendent of Education shall review the criminal
history record information reports and make a diligent effort to...
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