{"data":{"id":"us-ky/krs-160.151","jurisdiction":"us-ky","citation":"KRS 160.151","heading":"Criminal background checks and clear CA/N checks for new certified","body":"hires and student teachers in certified nonpublic schools -- New checks on\nteachers permitted every five years -- Fingerprinting -- Disclosure statement --\nEmployment of offenders  by certified nonpublic schools -- Forms --\nNondisclosure agreement prohibited.\n(1) For purposes of this section, \"certified nonpublic school\" means a private,\nparochial, or church school that has voluntarily been certified by the Kentucky\nBoard of Education in accordance with KRS 156.160(2).\n(2) (a) 1. A certified nonpublic school shall require a national and state criminal\nbackground check and require a clear CA/N check, as defined in KRS\n160.380, on all new certified hires in the school and stude nt teachers\nassigned to the school and may require a new national and state criminal\nbackground check and require a clear CA/N check on each certified\nteacher once every five (5) years of employment.\n2. Certified individuals who were employed in another ce rtified position in\na Kentucky school within six (6) months of the date of the hire and who\nhad previously submitted to a national and state criminal background\ncheck and were required to have a clear CA/N check for previous\nemployment may be excluded from  the initial national or state criminal\nbackground checks.\n(b) The national criminal history background check shall be conducted by the\nFederal Bureau of Investigation. The state criminal history background check\nshall be conducted by the Department of Ken tucky State Police or the\nAdministrative Office of the Courts.\n(c) All fingerprints requested under this section shall be on an applicant\nfingerprint card provided by the Department of Kentucky State Police. The\nfingerprint cards shall be forwarded to the Federal Bureau of Investigation by\nthe Department of Kentucky State Police after a state criminal background\ncheck has been conducted. Any fee charged by the Department of Kentucky\nState Police, the Administrative Office of the Courts, or the Federal Burea u of\nInvestigation shall be an amount no greater than the actual cost of processing\nthe request and conducting the search.\n(3) (a) When a certified nonpublic school requires a criminal background check or\nrequires a clear CA/N check under this section, the school shall conspicuously\ninclude the following disclosure statement on each application or renewal\nform provided by the employer to an applicant for a certified position:\n\"STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A\nCRIMINAL HISTORY BACKGROUND CHECK A ND A LETTER,\nPROVIDED BY THE INDIVIDUAL, FROM THE CABINET FOR\nHEALTH AND FAMILY SERVICES STATING THE APPLICANT HAS\nNO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR NEGLECT\nFOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND\nNEGLECT RECORDS MAINTAINED BY THE CA BINET FOR HEALTH\nAND FAMILY SERVICES.\"\n(b) The school or school b oard may require an adult who is permitted access to\nschool grounds on a regularly scheduled and continuing basis pursuant to a\nwritten agreement for the purpose of providing services directly to a student\nor students as part of a school-sponsored program or activity, a volunteer, or a\nvisitor to submit to a national criminal history check by the Federal Bureau of\nInvestigation and state criminal history background check by the Department\nof Kentucky State Police or Administrative Office of the Courts and r equire a\nclear CA/N check.\n(c) Any request for records from the Department of Kentucky State Police under\nthis section shall be on an applicant fingerprint card provided by the\nDepartment of Kentucky State Police if required. The results of the state\ncriminal background check and the results of the national criminal history\nbackground check shall be sent to the hiring superintendent. When a\nbackground check of child abuse and neglect records is requested, the person\nseeking employment shall provide to the h iring superintendent a clear CA/N\ncheck.\n(d) Any fee charged by the Department of Kentucky State Police shall be an\namount no greater than the actual cost of processing the request and\nconducting the search.\n(4) (a) A certified nonpublic school shall not e mploy any person who is a violent\noffender as defined by KRS 17.165(2), has been convicted of a sex crime\nwhich is classified as a felony as defined by KRS 17.165(1), or has committed\na violent crime as defined in KRS 17.165(3) or persons with a substantia ted\nfinding of child abuse or neglect in records maintained by the Cabinet for\nHealth and Family Services. A certified nonpublic school may employ, at its\ndiscretion, persons convicted of sex crimes classified as a misdemeanor.\n(b) If a school term has beg un and a certified position remains unfilled or if a\nvacancy occurs during a school term, a certified nonpublic school may\nemploy an individual who will have supervisory or disciplinary authority over\nminors on probationary status pending receipt of a crim inal history\nbackground check or the receipt of a clear CA/N check, provided by the\nindividual.\n(c) Employment, including probationary employment, at a certified nonpublic\nschool shall be contingent on the receipt of a criminal history background\ncheck documenting that the employee has no record as a violent offender, of a\nsex crime, or of a violent crime as defined in KRS 17.165 and the receipt of a\nclear CA/N check, provided by the individual.\n(5) The form for requesting a CA/N check shall be made availab le on the Cabinet for\nHealth and Family Services website.\n(6) A certified nonpublic school shall not enter into a nondisclosure agreement relating\nto misconduct involving a minor or student, including abusive conduct as defined in\nKRS 160.380.","path":["KRS Chapter 160"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56816","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:07Z","sha256":"50b1b2392f781c5f345d345d9478232dfa79e97b5692e6f9bd053a4cf1db2db7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-160.150","next":"us-ky/krs-160.152"},"notice":"GroundRules: Original legal text. Not legal advice."}