GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 223

Short Title:  Sch. Emp'ee Record Checks.	(Public)

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Sponsors: Senators Winner; Dannelly, Gulley, Blackmon, Simpson, Odom, Conder, and Foxx.

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Referred to:  Judiciary I/Constitution.

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February 16, 1995

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE CRIMINAL RECORD CHECKS OF PUBLIC SCHOOL EMPLOYEES.
The General Assembly of North Carolina enacts:
Section 1.  Article 22 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 6.  Criminal History Checks.
"§ 115C-332.  School personnel criminal history checks.
(a)	As used in this section:
(1)	'Criminal history' means a county, State, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as public school personnel.  Such a crime includes the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes:  Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; and Article 60, Computer-Related Crime.  Such a crime also includes possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5.
(2)	'School personnel' means any:
a.	Employee of a local board of education whether full-time or part-time, or
b.	Independent contractor or employee of an independent contractor of a local board of education, if the independent contractor carries out duties customarily performed by school personnel,
	whether paid with federal, State, local, or other funds, who has significant access to students.  School personnel includes substitute teachers, driver training teachers, bus drivers, clerical staff, and custodians.
(b)	Each local board of education shall adopt a policy on whether and under what circumstances an applicant for a school personnel position shall be required to be checked for a criminal history before the applicant is offered an unconditional job. Each local board of education shall apply its policy uniformly in requiring applicants for school personnel positions to be checked for a criminal history.  A local board of education that requires a criminal history check for an applicant may employ an applicant conditionally while the board is checking the person's criminal history and making a decision based on the results of the check.
A local board of education shall not require an applicant to pay for the criminal history check authorized under this subsection.
(c)	The Department of Justice shall provide to the local board of education the criminal history from the State and National Repositories of Criminal Histories of any applicant for a school personnel position in the local school administrative unit for which a local board of education requires a criminal history check.  The local board of education shall require the person to be checked by the Department of Justice to (i) be fingerprinted by the local sheriff or the municipal police, whichever is more convenient for the person, (ii) provide to the local sheriff or the municipal police any additional information required by the Department of Justice, and (iii) sign a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the repositories.  The local board of education shall consider refusal to consent when making employment decisions and decisions with regard to independent contractors.
The local board of education shall not require an applicant to pay for being fingerprinted.
(d)	The local board of education shall investigate the criminal history it receives on a person.  The local board shall determine whether the results of the investigation indicate that the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as public school personnel and shall use the information when making employment decisions and decisions with regard to independent contractors.  The local board shall make written findings with regard to how it used the information when making employment decisions and decisions with regard to independent contractors.
(e)	The local board of education shall provide to the State Board of Education the criminal history it receives on a person who is certificated, certified, or licensed by the State Board of Education.  The State Board of Education shall investigate the criminal history and determine whether the person's certificate or license should be revoked in accordance with State laws and rules regarding revocation.
(f)	All the information received by the local board of education through the checking of the criminal history or by the State Board of Education in accordance with subsection (d) of this section is privileged information and for the exclusive use of the local board of education or the State Board of Education.  The local board of education or the State Board of Education may destroy the information after it is used for the purposes authorized by this section after one calendar year.
(g)	No action for civil or criminal liability shall be brought against a local board of education or the State Board of Education as a result of actions taken to carry out its duties under this section if the local board of education or the State Board of Education was acting in good faith and in accordance with this section and the rules established pursuant to it."
Sec. 2. G.S. 114-19.2(a) reads as rewritten:
"(a)	The Department of Justice may provide a criminal record check to the local board of education of a person who is employed in a public school in that local school district or of a person who has applied for employment in a public school in that local school district, if the employee or applicant consents to the record check.  The Department may also provide a criminal record check of school personnel as defined in G.S. 115C-332 by fingerprint card to the local board of education from National Repositories of Criminal Histories, in accordance with G.S. 115C-332.  The information shall be kept confidential by the local board of education as provided in Article 21A of Chapter 115C."
Sec. 3.  The State Board of Education, in consultation with the Division of Criminal Information of the Department of Justice, shall adopt rules to implement this act.
Sec. 4.  For the 1995-96 fiscal year, the fee charged for being fingerprinted by local law enforcement agencies in accordance with Section 1 of this act shall not exceed the current rate of five dollars ($5.00).
Sec. 5.  This act becomes effective July 1, 1995.