Page 1 of 2 160.151 Criminal background check on certified employees and student teachers in private, parochial, and church schools -- New criminal checks permitted every <br>five years -- Fingerprinting -- Disclosure -- Contractors, volunteers, and <br>visitors subject to check -- Employment of offenders by nonpublic schools. (1) (a) A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with the provisions of KRS <br>156.160(3) may require a national and state criminal background check on all <br>new certified hires in the school and student teachers assigned to the school <br>and may require a new national and state criminal background check on each <br>certified teacher once every five (5) years of employment. Certified <br>individuals who were employed in another certified position in a Kentucky <br>school within six (6) months of the date of the hire and who had previously <br>submitted to a national and state criminal background check for previous <br>employment may be excluded from the initial national or state criminal <br>background checks. (b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check <br>shall be conducted by the Department of Kentucky State Police or the <br>Administrative Office of the Courts. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The <br>fingerprint cards shall be forwarded to the Federal Bureau of Investigation by <br>the Department of Kentucky State Police after a state criminal background <br>check has been conducted. Any fee charged by the Department of Kentucky <br>State Police, the Administrative Office of the Courts, or the Federal Bureau of <br>Investigation shall be an amount no greater than the actual cost of processing <br>the request and conducting the search. (2) If a school requires a criminal background check for a new hire, the school shall conspicuously include the following disclosure statement on each application or <br>renewal form provided by the employer to an applicant for a certified position: <br>"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL <br>HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT <br>FOR THIS TYPE OF POSITION." <br>(a) For purposes of this subsection, "contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual <br>agreement with the school, school board, school district, or school-affiliated <br>entity, at times when students are present. The term "contractor" includes an <br>employee of a contractor. (b) The school or school board may require a contractor, volunteer, or visitor to submit to a national criminal history check by the Federal Bureau of <br>Investigation and state criminal history background check by the Department <br>of Kentucky State Police or Administrative Office of the Courts. Any request <br>for records under this section shall be on an applicant fingerprint card <br>provided by the Department of Kentucky State Police. The results of the state Page 2 of 2 criminal background check and the results of the national criminal history <br>background check, if requested, shall be sent to the hiring superintendent. Any <br>fee charged by the Department of Kentucky State Police shall be an amount <br>no greater than the actual cost of processing the request and conducting the <br>search. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by <br>KRS 17.165(2), has been convicted of a sex crime which is classified as a <br>felony as defined by KRS 17.165(1), or has committed a violent crime as <br>defined in KRS 17.165(3). A nonpublic school may employ, at its discretion, <br>persons convicted of sex crimes classified as a misdemeanor. (b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing the <br>provisions of this chapter may employ an individual who will have <br>supervisory or disciplinary authority over minors on probationary status <br>pending receipt of a criminal history background check. (c) Employment at a nonpublic school implementing the provisions of this chapter may be contingent on the receipt of a criminal history background <br>check documenting a record as a violent offender, of a sex crime, or of a <br>violent crime as defined in KRS 17.165. (d) Nonpublic schools implementing the provisions of this chapter may terminate probationary employment under this section upon receipt of a criminal history <br>background check documenting a record as a violent offender, of a sex crime, <br>or of a violent crime as defined in KRS 17.165. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 111, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 168, effective June 26, 2007. -- Amended 2006 Ky. Acts <br>ch. 182, sec. 17, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 285, sec. 1, <br>effective July 15, 2002.
Page 1 of 2 160.151 Criminal background check on certified employees and student teachers in private, parochial, and church schools -- New criminal checks permitted every <br>five years -- Fingerprinting -- Disclosure -- Contractors, volunteers, and <br>visitors subject to check -- Employment of offenders by nonpublic schools. (1) (a) A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with the provisions of KRS <br>156.160(3) may require a national and state criminal background check on all <br>new certified hires in the school and student teachers assigned to the school <br>and may require a new national and state criminal background check on each <br>certified teacher once every five (5) years of employment. Certified <br>individuals who were employed in another certified position in a Kentucky <br>school within six (6) months of the date of the hire and who had previously <br>submitted to a national and state criminal background check for previous <br>employment may be excluded from the initial national or state criminal <br>background checks. (b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check <br>shall be conducted by the Department of Kentucky State Police or the <br>Administrative Office of the Courts. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The <br>fingerprint cards shall be forwarded to the Federal Bureau of Investigation by <br>the Department of Kentucky State Police after a state criminal background <br>check has been conducted. Any fee charged by the Department of Kentucky <br>State Police, the Administrative Office of the Courts, or the Federal Bureau of <br>Investigation shall be an amount no greater than the actual cost of processing <br>the request and conducting the search. (2) If a school requires a criminal background check for a new hire, the school shall conspicuously include the following disclosure statement on each application or <br>renewal form provided by the employer to an applicant for a certified position: <br>"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL <br>HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT <br>FOR THIS TYPE OF POSITION." <br>(a) For purposes of this subsection, "contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual <br>agreement with the school, school board, school district, or school-affiliated <br>entity, at times when students are present. The term "contractor" includes an <br>employee of a contractor. (b) The school or school board may require a contractor, volunteer, or visitor to submit to a national criminal history check by the Federal Bureau of <br>Investigation and state criminal history background check by the Department <br>of Kentucky State Police or Administrative Office of the Courts. Any request <br>for records under this section shall be on an applicant fingerprint card <br>provided by the Department of Kentucky State Police. The results of the state Page 2 of 2 criminal background check and the results of the national criminal history <br>background check, if requested, shall be sent to the hiring superintendent. Any <br>fee charged by the Department of Kentucky State Police shall be an amount <br>no greater than the actual cost of processing the request and conducting the <br>search. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by <br>KRS 17.165(2), has been convicted of a sex crime which is classified as a <br>felony as defined by KRS 17.165(1), or has committed a violent crime as <br>defined in KRS 17.165(3). A nonpublic school may employ, at its discretion, <br>persons convicted of sex crimes classified as a misdemeanor. (b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing the <br>provisions of this chapter may employ an individual who will have <br>supervisory or disciplinary authority over minors on probationary status <br>pending receipt of a criminal history background check. (c) Employment at a nonpublic school implementing the provisions of this chapter may be contingent on the receipt of a criminal history background <br>check documenting a record as a violent offender, of a sex crime, or of a <br>violent crime as defined in KRS 17.165. (d) Nonpublic schools implementing the provisions of this chapter may terminate probationary employment under this section upon receipt of a criminal history <br>background check documenting a record as a violent offender, of a sex crime, <br>or of a violent crime as defined in KRS 17.165. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 111, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 168, effective June 26, 2007. -- Amended 2006 Ky. Acts <br>ch. 182, sec. 17, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 285, sec. 1, <br>effective July 15, 2002.
Page 1 of 2 160.151 Criminal background check on certified employees and student teachers in private, parochial, and church schools -- New criminal checks permitted every <br>five years -- Fingerprinting -- Disclosure -- Contractors, volunteers, and <br>visitors subject to check -- Employment of offenders by nonpublic schools. (1) (a) A private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with the provisions of KRS <br>156.160(3) may require a national and state criminal background check on all <br>new certified hires in the school and student teachers assigned to the school <br>and may require a new national and state criminal background check on each <br>certified teacher once every five (5) years of employment. Certified <br>individuals who were employed in another certified position in a Kentucky <br>school within six (6) months of the date of the hire and who had previously <br>submitted to a national and state criminal background check for previous <br>employment may be excluded from the initial national or state criminal <br>background checks. (b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check <br>shall be conducted by the Department of Kentucky State Police or the <br>Administrative Office of the Courts. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The <br>fingerprint cards shall be forwarded to the Federal Bureau of Investigation by <br>the Department of Kentucky State Police after a state criminal background <br>check has been conducted. Any fee charged by the Department of Kentucky <br>State Police, the Administrative Office of the Courts, or the Federal Bureau of <br>Investigation shall be an amount no greater than the actual cost of processing <br>the request and conducting the search. (2) If a school requires a criminal background check for a new hire, the school shall conspicuously include the following disclosure statement on each application or <br>renewal form provided by the employer to an applicant for a certified position: <br>"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL <br>HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT <br>FOR THIS TYPE OF POSITION." <br>(a) For purposes of this subsection, "contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual <br>agreement with the school, school board, school district, or school-affiliated <br>entity, at times when students are present. The term "contractor" includes an <br>employee of a contractor. (b) The school or school board may require a contractor, volunteer, or visitor to submit to a national criminal history check by the Federal Bureau of <br>Investigation and state criminal history background check by the Department <br>of Kentucky State Police or Administrative Office of the Courts. Any request <br>for records under this section shall be on an applicant fingerprint card <br>provided by the Department of Kentucky State Police. The results of the state Page 2 of 2 criminal background check and the results of the national criminal history <br>background check, if requested, shall be sent to the hiring superintendent. Any <br>fee charged by the Department of Kentucky State Police shall be an amount <br>no greater than the actual cost of processing the request and conducting the <br>search. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by <br>KRS 17.165(2), has been convicted of a sex crime which is classified as a <br>felony as defined by KRS 17.165(1), or has committed a violent crime as <br>defined in KRS 17.165(3). A nonpublic school may employ, at its discretion, <br>persons convicted of sex crimes classified as a misdemeanor. (b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing the <br>provisions of this chapter may employ an individual who will have <br>supervisory or disciplinary authority over minors on probationary status <br>pending receipt of a criminal history background check. (c) Employment at a nonpublic school implementing the provisions of this chapter may be contingent on the receipt of a criminal history background <br>check documenting a record as a violent offender, of a sex crime, or of a <br>violent crime as defined in KRS 17.165. (d) Nonpublic schools implementing the provisions of this chapter may terminate probationary employment under this section upon receipt of a criminal history <br>background check documenting a record as a violent offender, of a sex crime, <br>or of a violent crime as defined in KRS 17.165. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 111, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 168, effective June 26, 2007. -- Amended 2006 Ky. Acts <br>ch. 182, sec. 17, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 285, sec. 1, <br>effective July 15, 2002.
