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2009 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-296.4 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-296.4. Child abuse and neglect data required.
A. On and after July 1, 1997, every school board shall
require, as a condition of employment, that any applicant who is offered or
accepts employment requiring direct contact with students, whether full-time or
part-time, permanent or temporary, provide written consent and the necessary
personal information for the school board to obtain a search of the registry of
founded complaints of child abuse and neglect maintained by the Department of
Social Services pursuant to § 63.2-1515. The school board shall ensure that all
such searches are requested in conformance with the regulations of the Board of
Social Services. In addition, where the applicant has resided in another state
within the last five years, the school board shall require as a condition of
employment that such applicant provide written consent and the necessary
personal information for the school board to obtain information from each
relevant state as to whether the applicant was the subject of a founded
complaint of child abuse and neglect in such state. The school board shall take
reasonable steps to determine whether the applicant was the subject of a founded
complaint of child abuse and neglect in the relevant state. Such reasonable
steps shall include, but not be limited to, contacting any central child abuse
and neglect registry maintained by the relevant state. The Department of
Social Services shall maintain a database of central child abuse and neglect
registries in other states that provide access to out-of-state school
boards, for use by local school boards. The applicant may be required to
pay the cost of any search conducted pursuant to this subsection at the
discretion of the school board. From such funds as may be available for this
purpose, however, the school board may pay for the search.
The Department of Social Services shall respond to such request by the school board in cases where there is no match within the central registry regarding applicants for employment within ten business days of receipt of such request. In cases where there is a match within the central registry regarding applicants for employment, the Department of Social Services shall respond to such request by the school board within thirty business days of receipt of such request. The response may be by first-class mail or facsimile transmission.
B. If the response obtained pursuant to subsection A indicates that the applicant is the subject of a founded case of child abuse and neglect, such applicant shall be denied employment, or the employment shall be rescinded.
C. If an applicant is denied employment because of information appearing on his record in the registry, the school board shall provide a copy of the information obtained from the registry to the applicant. The information provided to the school board by the Department of Social Services shall be confidential and shall not be disseminated by the school board.
2. That an emergency exists and this act is in force from its passage.