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2007 SESSION
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.
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.
C. Prior to 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 and, when relevant, any employee who will
have direct contact with students, to provide certification that all
persons who will provide such services have not (i) he has not been
convicted of a felony or any offense involving the sexual molestation or
physical or sexual abuse or rape of a child; and (ii) whether he 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 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.
For the purposes of this subsection, "direct contact
with students" means being in the presence of students during regular
school hours or during school-sponsored activities. 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.