Bill Text: VA HB392 | 2020 | Regular Session | Chaptered
Bill Title: School boards; applicants for employment, criminal history.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0877) [HB392 Detail]
Download: Virginia-2020-HB392-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §22.1-296.1 of the Code of Virginia is amended and reenacted as follows:
§22.1-296.1. Data on convictions for certain crimes and child abuse and neglect required; penalty.
A. As a condition of employment for all of its public school
employees, whether full-time or part-time, permanent, or temporary, every
school board shall require on its application for employment certification
(i) that of whether the applicant has not been convicted of
a any violent felony or set forth in the definition of
barrier crime in subsection A of §19.2-392.02; any offense involving the
sexual molestation, physical or sexual abuse, or rape of a child; and
(ii) whether the applicant has been convicted of a or any crime of
moral turpitude. Any person individual making a materially false
statement regarding any such offense shall be is guilty of a
Class 1 misdemeanor and, in the case of a teacher, upon conviction, the
fact of said such conviction shall be is grounds
for the Board of Education to revoke such person's his
license to teach.
B. No school board shall employ any individual who has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of §19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child.
C. Any school board may employ any individual who has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of § 19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor.
D. Every school board shall also require on its
application for employment, as a condition of employment requiring direct
contact with students, whether full-time or part-time, permanent, or temporary,
certification that the applicant has not been the subject of a founded case of
child abuse and neglect. Any person making a materially false statement
regarding a finding of child abuse and neglect shall be is guilty
of a Class 1 misdemeanor and upon conviction, the fact of said conviction
shall be is grounds for the Board of Education to revoke such
person's license to teach.
C. E. As a condition of awarding a contract for
the provision of services that require the contractor or his employees to have
direct contact with students on school property during regular school hours or
during school-sponsored activities, the school board shall require the
contractor to provide certification that all persons of whether any
individual who will provide such services have not has been
convicted of a any violent felony or set forth in the
definition of barrier crime in subsection A of §19.2-392.02; any offense
involving the sexual molestation or, physical or sexual abuse,
or rape of a child; or any crime of moral turpitude.
Any person individual making a materially false
statement regarding any such offense shall be is guilty of a
Class 1 misdemeanor and, upon conviction, the fact of such conviction shall
be is grounds for the revocation of the contract to provide such
services and, when relevant, the revocation of any license required to provide
such services. School boards shall not be liable for materially false
statements regarding the certifications required by this subsection.
This subsection shall not apply to a contractor or his employees providing services to a school division in an emergency or exceptional situation, such as when student health or safety is endangered or when repairs are needed on an urgent basis to ensure that school facilities are safe and habitable, when it is reasonably anticipated that the contractor or his employees will have no direct contact with students.
F. No school board shall award a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities when any individual who provides such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of §19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child.
G. Any school board may award a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities when any individual who provides such services has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of §19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor.
