Bill Summary for H 117 (2017-2018)

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Summary date: 

Apr 4 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 117 (Public) Filed Wednesday, February 15, 2017
AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR PUBLIC SCHOOL PERSONNEL EMPLOYMENT; TO PROVIDE FOR WRITTEN NOTICE PRIOR TO SUSPENDING WITHOUT PAY A TEACHER WHO IS INCARCERATED OR IN CUSTODY; AND TO REQUIRE NOTIFICATION TO THE STATE BOARD OF EDUCATION RELEVANT CRIMINAL HISTORY RELATED TO AN EDUCATOR'S RESIGNATION.
Intro. by Warren, Boswell, Faircloth, Horn.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the long title.

Deletes the content of the 1st edition and replaces it, except retains the provision in the 1st edition definingconsumer reporting agencyat GS 115C-238.73(a)(1a).

Amends GS 115C-238.73 (appears to amend GS 115C-332 concerning public schools) and GS 115C-238.73 (regional schools) to defineconsumer reporting agency, and to direct local boards of education to uniformly require applicants for school personnel positions to be checked for criminal history, either by a consumer reporting agency, the Department of Public Safety, or both. Makes the provisions requiring fingerprinting and consent forms from applicants contingent upon the background check being performed by the Department of Public Safety, rather than a consumer reporting agency. Authorizes local boards of education to conditionally employ an applicant while the criminal history check is pending. Directs local boards of education to not employ or contract with individuals who refuse to consent to the criminal history check. Directs local boards of education to adopt policies providing for periodic checks of criminal history of employees by either a consumer reporting agency, the Department of Public Safety, or both. Directs local boards of education to indicate, upon inquiry by any other local board of education, charter school, or regional school, as to the reason for an employee's resignation or dismissal if an employee's criminal history was relevant to the resignation or dismissal.

Repeals GS 115C-218.90(b) (concerning criminal history checks for charter school employees).

Enacts new GS 115C-218.92 (School personnel criminal history checks). Defines terms as they are used in the statute. Directs charter school boards of directors to adopt policies uniformly requiring applicants for school personnel positions to be checked for a criminal history by the Department of Public Safety, a consumer reporting agency, or both, and authorizing the board of directors to grant conditional approval of an application while the board of directors is checking a person's criminal history. Directs boards of directors to refuse to employ or contract with applicants who refuse a criminal history check. Provides for the criminal history check to review the state and national criminal history repositories. Directs boards of directors to review criminal histories it receives, and to determine whether the results indicate that the individual poses a threat, or does not have the integrity or honesty to fulfill duties as school personnel, in making employment and contracting decisions. Directs boards of directors to provide whatever criminal histories they are given to the State Board of Education for it to determine whether the person's teaching license should be revoked. All information received through criminal history checks is privileged information and not a public record, but is for the exclusive use of the board of directors or the State Board of Education. Shields the board of directors, the State Board of Education, and their employees from liability regarding any act or omission under this statute, except for gross negligence, wanton conduct, or intentional wrongdoing. Creates a Class A1 misdemeanor for applicants who willfully give false information on an employment application under this statute. Authorizes boards of directors to adopt policies providing for uniform periodic criminal history checks of employees by a consumer reporting agency, the Department of Public Safety, or both. Directs boards of directors to indicate, upon inquiry by any other charter school, local board of education, or regional school, whether an employee's criminal history was relevant to the employee's resignation or dismissal.

Amends GS 115C-325(f)(1) and GS 115C-325.5(a) to authorize a superintendent to suspend an incarcerated teacher without pay, without having to meet with the teacher prior to suspension. If the teacher is suspended without a meeting, the superintendent shall provide written notice and opportunity for the teacher to respond in writing.

Amends GS 115C-325(o)(2) and GS 115C-325.9(b) to direct local boards of education to report to the State Board of Education the reason for an employee's resignation if criminal history is relevant to the resignation.

Applies to applications for employment received on or after January 1, 2018.