KRS 160.151: Criminal background checks and clear CA/N checks for new certified

hires and student teachers in certified nonpublic schools -- New checks on

teachers permitted every five years -- Fingerprinting -- Disclosure statement --

Employment of offenders by certified nonpublic schools -- Forms --

Nondisclosure agreement prohibited.

(1) For purposes of this section, "certified nonpublic school" means a private,

parochial, or church school that has voluntarily been certified by the Kentucky

Board of Education in accordance with KRS 156.160(2).

(2) (a) 1. A certified nonpublic school shall 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 stude nt 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 ce rtified 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 Ken tucky 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 Burea u of

Investigation shall be an amount no greater than the actual cost of processing

the request and conducting the search.

(3) (a) When a certified nonpublic school requires a criminal background check or

requires a clear CA/N check under this section, 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 A ND A LETTER,

PROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR

HEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS

NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR NEGLECT

FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND

NEGLECT RECORDS MAINTAINED BY THE CA BINET FOR HEALTH

AND FAMILY SERVICES."

(b) The school or school b oard 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 r equire 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 shall be sent to the hiring superintendent. When a

background check of child abuse and neglect records is requested, the person

seeking employment shall provide to the h iring 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.

(4) (a) A certified nonpublic school shall not e mploy 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 substantia ted

finding of child abuse or neglect in records maintained by the Cabinet for

Health and Family Services. A certified nonpublic school may employ, at its

discretion, persons convicted of sex crimes classified as a misdemeanor.

(b) If a school term has beg un and a certified position remains unfilled or if a

vacancy occurs during a school term, a certified nonpublic school may

employ an individual who will have supervisory or disciplinary authority over

minors on probationary status pending receipt of a crim inal history

background check or the receipt of a clear CA/N check, provided by the

individual.

(c) Employment, including probationary employment, at a certified nonpublic

school shall be contingent on the receipt of a criminal history background

check documenting that the employee has no record as a violent offender, of a

sex crime, or of a violent crime as defined in KRS 17.165 and the receipt of a

clear CA/N check, provided by the individual.

(5) The form for requesting a CA/N check shall be made availab le on the Cabinet for

Health and Family Services website.

(6) A certified nonpublic school shall not enter into a nondisclosure agreement relating

to misconduct involving a minor or student, including abusive conduct as defined in

KRS 160.380.