SB343: School boards; permitted to employ certain individuals.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to permit school boards to employ certain individuals.
[S 343]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding the provisions of subsection A of § 22.1-296.1 of the Code of Virginia and consistent with the discretion granted to a school board pursuant to § 22.1-307 of the Code of Virginia to retain an employee who is convicted of an offense subsequent to the employee's hiring, a school board may employ an individual who, at the time of the individual's hiring, has been convicted of a felony, provided that such individual (i) was employed in good standing by a school board on or before December 17, 2015; (ii) has been granted a simple pardon for such offense by the Governor or other appropriate authority; and (iii) has had his civil rights restored by the Governor or other appropriate authority. However, a school board may employ, until July 1, 2020, such an individual who does not satisfy the conditions set forth in clauses (ii) and (iii), provided that such individual has been continuously employed by the school board from December 17, 2015, through July 1, 2018.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to permit school boards to employ certain individuals.
[S 343]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding the provisions of subsection A of § 22.1-296.1 of the Code of Virginia and consistent with the discretion granted to a school board pursuant to § 22.1-307 of the Code of Virginia to retain an employee who is convicted of an offense subsequent to the employee's hiring, a school board may employ an individual who, at the time of the individual's hiring, has been convicted of a felony, provided that such individual (i) was employed in good standing by a school board on or before December 17, 2015; (ii) has been granted a simple pardon for such offense by the Governor or other appropriate authority; and (iii) has had his civil rights restored by the Governor or other appropriate authority.


SENATE BILL NO. 343
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on March 10, 2018)
(Patrons Prior to Substitute--Senators Peake and Obenshain [SB 928])
A BILL to permit school boards to employ certain individuals.

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding the provisions of subsection A of § 22.1-296.1 of the Code of Virginia and consistent with the discretion granted to a school board pursuant to § 22.1-307 of the Code of Virginia to retain an employee who is convicted of an offense subsequent to the employee's hiring, a school board may employ an individual who, at the time of the individual's hiring, has been convicted of a felony, provided that such individual (i) was employed in good standing by a school board on or before December 17, 2015; (ii) has been granted a simple pardon for such offense by the Governor or other appropriate authority; and (iii) has had his civil rights restored by the Governor or other appropriate authority.


SENATE BILL NO. 343
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on February 28, 2018)
(Patrons Prior to Substitute--Senators Peake and Obenshain [SB 928])
A BILL to permit school boards to employ certain individuals under certain conditions.

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding the provisions of subsection A of § 22.1-296.1 of the Code of Virginia, any school board may, consistent with the authority granted to the school board pursuant to § 22.1-307 of the Code of Virginia to employ a teacher who has been convicted of a felony, employ any individual who was employed by a school board as of December 17, 2015, and who (i) has been convicted of a felony, with the exception of (a) any felony pursuant to subsections B or F of § 3.2-6570, § 18.2-46.2, § 18.2-46.3:1, § 18.2-46.3:3, subsection C of § 18.2-57, § 18.2-57.02, § 18.2-60, subsection C of § 18.2-280, subdivision (1) of § 18.2-355, § 18.2-356, or § 18.2-357; (b) any felony listed in clause (iii) of the definition of "barrier crime" set forth in § 19.2-392.02; (c) any felony offense against a child; (d) any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; and (e) any offense for which registration is required pursuant to § 9.1-902, and (ii) has been granted a simple pardon by the Governor and has had his rights restored by the Governor.


SENATE BILL NO. 343
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 31, 2018)
(Patrons Prior to Substitute--Senators Peake and Obenshain [SB 928])
A BILL to amend and reenact § 22.1-296.1 of the Code of Virginia, relating to school boards; employment of certain individuals.

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 the applicant has not been convicted of a felony or 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 crime of moral turpitude. Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach. No school board shall employ any individual who has been convicted of any felony offense against a child; any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or any offense for which registration is required pursuant to § 9.1-902. For any other felony offense, the school board, in its discretion, may hire an individual who has had his civil rights restored by the Governor and at least five years have passed since such conviction.

B. 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 guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach.

C. 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 who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be 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.


SENATE BILL NO. 343
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on January 25, 2018)
(Patrons Prior to Substitute--Senators Peake and Obenshain [SB 928])
A BILL to amend and reenact § 22.1-296.1 of the Code of Virginia, relating to school boards; employment of certain individuals.

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 felony or offense against a child; any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; or 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 crime of moral turpitude. Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach. No school board shall employ any individual who has been convicted of any felony offense against a child; any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child. For any other felony offense, the school board, in its discretion, may hire an individual who has had his civil rights restored by the Governor and at least five years have passed since such conviction.

B. 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 guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach.

C. 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 who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be 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.

2. That an emergency exists and this act is in force from its passage.

SENATE BILL NO. 343

Offered January 10, 2018
Prefiled January 8, 2018
A BILL to amend and reenact § 22.1-296.1 of the Code of Virginia, relating to school boards; employment of certain individuals.
Patron-- Peake

Referred to Committee on Education and Health

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 felony or offense against a child; any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; 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 making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach. No school board shall employ (i) any individual who has been convicted of any felony offense against a child; any act of violence as defined in § 19.2-297.1 or violent felony set forth in subsection C of § 17.1-805; or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child or (ii) any other individual who has been convicted of any felony offense that is not set forth in clause (i) unless such individual has had his civil rights restored by the Governor and at least 5 years have passed since such conviction.

B. 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 guilty of a Class 1 misdemeanor and upon conviction, the fact of said conviction shall be grounds for the Board of Education to revoke such person's license to teach.

C. 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 who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

Any person making a materially false statement regarding any such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be 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.