Code of Alabama

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16-22A-5
Section 16-22A-5 Agencies required to conduct criminal history background information checks.
(a) A criminal history background information check shall be conducted on all applicants seeking
positions with, and on all current employees under review employed by any 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) A criminal history background information
check shall be conducted on all applicants seeking positions with, and on all current employees
and current employees under review employed by any nonpublic school, who have unsupervised
access to or who provide education, training, instruction, or supervision for children in
an educational setting. (c) No institution listed in subsection (a) or subsection (b) shall
hire an individual who may have unsupervised access to a...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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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-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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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-14
Section 16-22A-14 Exceptions - Nonpublic schools. If a nonpublic school wishes not to do the
fingerprinting procedure of their applicants, current employees, or current employees under
review, they shall not be required to do so, then the applicant for nonpublic employment,
nonpublic current employee, or nonpublic current employee under review shall request a criminal
history background information check through the local employing board in the city or county
in which the nonpublic school is located. (Act 99-361, p. 566, §14; Act 2002-457, p. 1171,
§1.)...
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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-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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13A-11-75
Section 13A-11-75 Permit to carry pistol in vehicle or concealed on person - Issuance; fee;
revocation; release of information. (a)(1)a. The sheriff of a county, upon the application
of any person residing in that county, within 30 days from receipt of a complete application
and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a
vehicle or concealed on or about his or her person within this state for one- to five-year
increments, as requested by the person seeking the permit, from date of issue, unless the
sheriff determines that the person is prohibited from the possession of a pistol or firearm
pursuant to state or federal law, or has a reasonable suspicion that the person may use a
weapon unlawfully or in such other manner that would endanger the person's self or others.
In making such determination, the sheriff may consider whether the applicant: 1. Was found
guilty but mentally ill in a criminal case. 2. Was found not guilty in a criminal case...

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