KRS § 160.151 — KY Code / Title XIII / Chapter 160 / Section 160.151
160.151 Criminal background checks and clear CA/N checks for certified 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
Status: in_force

160.151 Criminal background checks and clear CA/N checks for certified

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.

(1) (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.

(2) (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.

(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

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.