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2017 SESSION

17102429D
HOUSE BILL NO. 1914
Offered January 11, 2017
Prefiled January 10, 2017
A BILL to amend the Code of Virginia by adding a section numbered 22.1-29.2, relating to elected and appointed school board members; criminal history record information and child abuse and neglect data.
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Patron-- Head
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Referred to Committee on Education
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-29.2 as follows:

§ 22.1-29.2. Criminal history record information; child abuse and neglect data.

A. Each individual who is elected or appointed to a school board shall submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints by the school board through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The Central Criminal Records Exchange, upon receipt of such individual's record or notification that no record exists, shall report to the school board whether or not the individual has ever been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child in the Commonwealth or an equivalent offense in another state. The Central Criminal Records Exchange shall not disclose information to the school board regarding charges or convictions of any crimes not specified in this subsection.

No individual who is found pursuant to this subsection to have been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child in the Commonwealth or an equivalent offense in another state is eligible to serve on any school board.

B. Each individual who is elected or appointed to a school board shall 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. The Department of Social Services shall respond to such request by the school board (i) within 10 business days of receipt of such request in cases in which there is no match within the central registry and (ii) within 30 business days of receipt of such request in cases in which there is a match within the central registry. The response may be by first-class mail or facsimile transmission. If such individual has resided in any other state within the last five years, the school board shall require him to provide written consent and the necessary personal information for the school board to take reasonable steps to obtain information from each relevant state to determine whether such individual is the subject of a founded complaint of child abuse and neglect in any such state.

No individual who is found pursuant to this subsection to have been the subject of a founded complaint of child abuse and neglect in the Commonwealth or another state is eligible to serve on any school board.

C. Each entity that administers the school board election or appointment process for each local school division shall notify each prospective school board member of the requirements of this section.