160.151 Criminal background checks and clear CA/N checks for certified
910 words·~4 min read·
/ky/160-151A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
employees, student teachers, and others in private, parochial, and church
schools -- New checks permitted every five years -- Fingerprinting -- Disclosure
-- Employment of offenders by nonpublic schools -- Forms.
(a)1. A private, parochial, or church school that has voluntarily been certified
by the Kentucky Board of Education in accordance with KRS
156.160(2) may require a national and state criminal background check
and require a clear CA/N check, as defined in KRS 160.380, on all new
certified hires in the school and student teachers assigned to the school
and may require a new national and state criminal background check
and require a clear CA/N check on each certified teacher once every five
(5)years of employment.
2. Certified individuals who were employed in another certified position in
a Kentucky school within six
(6)months of the date of the hire and who
had previously submitted to a national and state criminal background
check and were required to have a clear CA/N check for previous
employment may be excluded from the initial national or state criminal
background checks.
(b)The national criminal history background check shall be conducted by the
Federal Bureau of Investigation. The state criminal history background check
shall be conducted by the Department of Kentucky State Police or the
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
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by
the Department of Kentucky State Police after a state criminal background
check has been conducted. Any fee charged by the Department of Kentucky
State Police, the Administrative Office of the Courts, or the Federal Bureau of
Investigation shall be an amount no greater than the actual cost of processing
the request and conducting the search.
(a)If a school requires a criminal background check or requires a clear CA/N
check for a new hire, the school shall conspicuously include the following
disclosure statement on each application or renewal form provided by the
employer to an applicant for a certified position: "STATE LAW
AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY
BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR
HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS
CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED
CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND
CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A
CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION."
(b)The school or school board may require an adult who is permitted access to
school grounds on a regularly scheduled and continuing basis pursuant to a
written agreement for the purpose of providing services directly to a student
or students as part of a school-sponsored program or activity, a volunteer, or a
visitor to submit to a national criminal history check by the Federal Bureau of
Investigation and state criminal history background check by the Department
of Kentucky State Police or Administrative Office of the Courts and require a
clear CA/N check.
(c)Any request for records from the Department of Kentucky State Police under
this section shall be on an applicant fingerprint card provided by the
Department of Kentucky State Police if required. The results of the state
criminal background check and the results of the national criminal history
background check, if requested, shall be sent to the hiring superintendent. If a
background check of child abuse and neglect records is requested, the person
seeking employment shall provide to the hiring superintendent a clear CA/N
check.
(d)Any fee charged by the Department of Kentucky State Police shall be an
amount no greater than the actual cost of processing the request and
conducting the search.
(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
KRS 17.165(2), has been convicted of a sex crime which is classified as a
felony as defined by KRS 17.165(1), or has committed a violent crime as
defined in KRS 17.165(3) or persons with a substantiated finding of child
abuse or neglect in records maintained by the Cabinet for Health and Family
Services. A nonpublic school may employ, at its discretion, 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 this
chapter may employ an individual who will have supervisory or disciplinary
authority over minors on probationary status pending receipt of a criminal
history background check or the receipt of a clear CA/N check, provided by
the individual.
(c)Employment at a nonpublic school implementing this chapter may be
contingent on the receipt of a criminal history background check documenting
a record as a violent offender, of a sex crime, or of a violent crime as defined
in KRS 17.165 or the receipt of a clear CA/N check, provided by the
individual.
(d)Nonpublic schools implementing this chapter may terminate probationary
employment under this section upon receipt of a criminal history background
check documenting a record as a violent offender, of a sex crime, or of a
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check.
(4)The form for requesting a clear CA/N check shall be made available on the Cabinet
for Health and Family Services website.