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Introduced Version Senate Bill 7 History

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sb7 intr
Senate Bill No. 7

(By Senator Dempsey)

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[Introduced February 9, 2005; referred to the Committee

on Education; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §18A-3-10 of the Code of West Virginia, 1931, as amended, relating to criminal history checks of applicants for licensure by the Department of Education; and providing for criminal history checks for people who are not employed by county boards of education but who work directly with children in grades kindergarten through twelve on school property.

Be it enacted by the Legislature of West Virginia:

That §18A-3-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. TRAINING CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-10. Criminal history check of applicants for licensure by the State Department of Education.

Beginning the first day of January, two thousand two, any applicant for an initial license issued by the West Virginia Department of Education and beginning the first day of July, two thousand five, persons who are not employed with County Boards of Education but who work directly with children in grades kindergarten through twelve on school property shall be fingerprinted by the West Virginia State Police in accordance with State or County Board policy in order to determine the applicant's suitability for licensure or authorize a person to work with children. The fingerprints shall be analyzed by the State Police for a State criminal history record check through the central abuse registry and then forwarded to the Federal Bureau of Investigation for a national criminal history record check. Information contained in either the central abuse registry record or the Federal Bureau of Investigation record may form the basis for the denial of a certificate or authority to work with children in grades kindergarten through twelve on school property for just cause. The applicant for initial certification or employment pays for the cost of obtaining the central abuse registry record and the Federal Bureau of Investigation record: Provided, That no criminal background check will be required for parents, guardians or volunteers who are participating in a school sponsored sanctioned event who will have no direct one-on-one contact with children in grades kindergarten through twelve while on school property: Provided, however, That no criminal background check will be required of any volunteer who is tutoring a student or students under the direct supervision of a classroom teacher.
Upon written consent to the State Department or County Board of Education by the applicant and within ninety days of the State fingerprint analysis, the results of a State analysis may shall be provided to a County Board with which the applicant is applying for employment without further cost to the applicant.
Information maintained by the State Department or a County Board which was obtained for the purpose of this section is exempt from the disclosure provisions of chapter twenty-nine-b of this code. Nothing in this section prohibits disclosure or publication of information in a statistical or other form which does not identify the individuals involved or provide personal information.



NOTE: The purpose of this bill is to provide for criminal history checks for people not employed by county boards of education, but who work directly with children in grades kindergarten through twelve on school property.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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