16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct a criminal history background information check on public and nonpublic current employees pursuant to this chapter is contingent upon the State Superintendent of Education determining that sufficient funds have been appropriated by the Legislature or made available from another source to fund such background checks and related procedures. The State Superintendent of Education shall certify to each local employing board, each nonpublic school, the State Finance Director, and the Code Commissioner when sufficient funds have been appropriated for use by the State Department of Education for purposes of conducting background checks and related procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies provided in subsection (a) and upon the State Superintendent of Education certifying in writing to the State Board of Education and each authorized employer that...
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41-9-650
Section 41-9-650 Criminal history background check prior to issuance of permit or license. In addition to any other requirements, any agency, board, or commission in this state that issues a permit or license, by rule, may require a criminal background check through ALEA as part of its licensing or permitting requirements. Any agency, board, or commission adopting a rule requiring a background check shall be subject to rules and procedures of the commission for the use of the background check. (Act 2019-495, §2.)...
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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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34-13-91
Section 34-13-91 Application for examination; interview; criminal history background check. (a) The applicant for an embalmer's license shall make application to the board. The application shall be in writing and verified on a form provided by and addressed to the board and shall be accompanied by the prescribed fee and by affidavits of at least two licensed embalmers to the effect that the applicant is of good moral character and has met all qualifications required for examination for license as prescribed by this chapter. The board may require an applicant for an embalmer's license to submit to a personal interview. (b) Commencing on October 1, 2017, in addition to the requirements of subsection (a), an applicant for an embalmer license shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board...
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38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection. (b) All criminal history background information reports shall be excluded from any requirement of public disclosure as a public record. (c) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section: (1) Showing the report to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee. (3) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court. (4) Use of the report in...
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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-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A certified or noncertified individual who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment. (2) APPLICANT FOR CERTIFICATION. An individual who submits an application for certification issued by the State Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to obtain criminal history background information, including the State Department of Education, local employing boards, and nonpublic schools which are responsible for hiring employees or contracting with private employers to provide personnel who have unsupervised access to children in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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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-7
Section 16-22A-7 Responsibilities of individuals to provide information. (a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the State Department of Education: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Department of Education. (3) Acknowledgment that the applicant for certification, applicant for public employment, or public current employee under review received notice that the State Superintendent of Education will provide a suitability determination, based...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an educational employee pursuant to this chapter if such failure is due to reasonable time constraints of background check backlogs, nor shall the state or political subdivision thereof, nor any agency, officer, or employee thereof, be liable in any action for damages for the failure of a qualified entity to take action adverse to an individual who was the subject of a criminal history background information check. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination. Nothing herein shall be construed as a waiver of any sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...
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