SB 79 — AN ACT relating to school background checks.

UNOFFICIAL COPY 20 RS BRSB 21079/GA AN ACT relating to school background checks.

and (e)[(d)] "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified Page 1 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA staff member of a local school district, or a new position created in a local school district for which certification is required.

(c) When a vacancy needs to be filled in less than fifteen (15) days' time to prevent disruption of necessary instructional or support services of the school Page 2 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA district, the superintendent may seek a waiver from the chief state school officer.

and (d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of Page 3 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA this subsection may be employed as a substitute for a certified or classified employee if the relative is not:

Page 4 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA 3.

and (d) A superintendent may require a volunteer or a visitor to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a clear CA/N Page 5 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA check, provided by the individual.

(9)[(8)] (a) All fingerprints requested under this section shall be on an applicant Page 6 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA fingerprint card provided by the Department of Kentucky State Police.

(10)[(9)] Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, when an employee of the school district is charged with any offense which is classified as a felony, the superintendent may transfer the employee to a second Page 7 of 8 BR021000.100SB007910.100 - 210 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 21079/GA position until such time as the employee is found not guilty, the charges are dismissed, the employee is terminated, or the superintendent determines that further personnel action is not required.

[(10)(11)[(10)] Notwithstanding any law to the contrary, each certified and classified employee of the school district shall notify the superintendent if he or she has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal.

Any failure to report this finding shall result in the certified or classified employee being subject to dismissal or termination.]termination. (11) The form for requesting a CA/N check shall be made available on the Cabinet for Health and Family Services Web site.

Page(12)[(11)] 8The ofform 8for BR021000.100requesting -a 210CA/N -check XXXXshall Jacketedbe made available on the Cabinet for Health and Family Services Web site.

Page 8 of 8 SB007910.100 - 210 - XXXX GA