Bill Summary for H 240 (2021-2022)

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Summary date: 

Apr 27 2021

Bill Information:

View NCGA Bill Details2021
House Bill 240 (Public) Filed Monday, March 8, 2021
AN ACT TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR INITIAL CHARTER BOARDS OF DIRECTORS AND SCHOOL PERSONNEL LICENSURE AND TO REVISE THE PROCESS FOR CRIMINAL HISTORY CHECKS FOR PUBLIC SCHOOL UNITS.
Intro. by Torbett.

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Bill summary

House committee substitute deletes the content of the 1st edition and replaces it with the following. 

Changes the act's titles.

Part I.

Enacts GS 115C-218.4, directing the State Board of Education (State Board) to require all members of the board of directors of a nonprofit seeking initial approval to establish a charter school be checked for criminal history before granting final approval of a charter application, at cost to the member or the nonprofit. Defines criminal history to mean a county, state, or federal criminal history of conviction of, or a plea of nolo contendere, to a crime that indicates the applicant either poses a threat to the physical safety of students or personnel, or has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as a board member; sets forth a list of North Carolina crimes included and provides for similar crimes under federal law or laws of other states to be included as well. Requires the member to be fingerprinted and to provide additional information necessary for the Department of Public Safety (DPS) to provide the criminal history of the member, as well as sign a consent form for the check and use of the member's fingerprints and other information. Bars the State Board from issuing a charter to a nonprofit with a member who refuses to consent to the criminal history check. Requires the State Board to make written findings with regard to any denial based on its review of a member's criminal history. Provides that criminal history information is privileged and not public record; provides for its destruction after one calendar year. Grants civil immunity for the State Board or its employees' negligence in carrying out the provisions of the statute, except when waived by operation of specified state law or when conduct constitutes gross negligence, wanton conduct, or intentional wrongdoing. Makes it a Class A1 misdemeanor for a member to willfully furnish, supply, or otherwise give false information for a criminal history check. Makes conforming changes to GS 115C-218.1. Applies to initial charters that are received on or after October 1, 2021. 

Part II.

Enacts GS 115C-270.12, directing the State Board to require all applicants for professional educator initial licensure, renewal applications, and applications for reinstatement to be checked for a criminal history before the applicant is issued an unconditional license at cost to the applicant or the governing board of a public school unit; permits issuance of a conditional license pending the criminal history check and review. Amends GS 115C-270.1 to define criminal history in the same manner as the definition enacted for charter school board of directors in new GS 115C-218.4, except it also includes crimes which indicate the applicant, as defined, otherwise fails to meet the standards and criteria adopted by the State Board governing ethics and moral character required for professional educators. Enacts identical requirements regarding fingerprinting and the provisions of other information required by DPS for the criminal history check, consent, review (with conforming changes to reflect the expansion of criminal history applicable to professional educator licensure), denial, confidentiality, and immunity, as those provisions enacted for charter school board of directors members in new GS 115C-218.4. Includes giving false information on a licensure application as a Class A1 misdemeanor offense. Adds that the State Board can provide upon request the criminal history it receives on an applicant to the governing board of a public school unit considering employment of that individual during the period of licensure. Makes conforming changes to GS 115C-270.5 and GS 115C-270.10.

Enacts GS 143B-931.1 to require DPS to provide the State Board the criminal history of applicants for professional educator licensure and members of a board of directors of a nonprofit seeking initial approval to establish a charter school. Provides for the provision of the applicant or member's fingerprints, identifying information, and signed consent form as required by new GS 115C-270.12 and GS 115C-218.4. Details the procedure for a comprehensive criminal history check. Authorizes DPS to charge a fee up to the actual cost of locating, editing, researching, and retrieving the information. Provides for confidentiality. 

Encourages the State Board to work towards programming the licensure system to align with the Multistate Educator Lookup System established by the National Association of State Directors of Teacher Education and Certification to enable electronic validation of out-of-state credentials and related information. 

Applies to applications for licensure that are received on or after October 1, 2021. 

Part III.

Amends GS 115C-218.90, revising the criminal history check requirements of charter school board of directors with regard to applicants for employment. Requires the adoption of a policy requiring an applicant for employment to be checked for a criminal history pursuant to GS 115C-332 (was conditioned upon the local board of the local unit in which the charter school is located adopting a policy requiring criminal history checks). Adds a new requirements for charter boards of directors to uniformly require applicants for employment to be checked for a criminal history either by a consumer reporting agency and/or DPS. Requires fingerprinting and the provision of other necessary information as well as a signed consent form. Establishes procedures for the check. Prohibits employing or contracting with applicants who refuse to consent to the criminal history check. Deems information received through the check privileged and not public record; allows destruction after one calendar year. Makes technical changes. 

Amends GS 115C-238.73 to require regional school board of directors to adopt a policy that requires an applicant for a school personnel position to be checked for criminal history (previously directed to adopt a policy on whether and under what circumstances school personnel are required to be checked for a criminal history). Allows the board of directors to request the criminal history check completed for licensure purposes by the State Board pursuant to GS 115C-270.12, as applicable. Authorizes rather than bars the board of directors to require applicants to pay for the check and fingerprinting. Requires uniform criminal history checks for school personnel applicants by either a consumer reporting agency, as defined, and/or DPS (currently limited to DPS). Restricts requirements regarding fingerprinting, provision of other necessary information and signed consent to checks by DPS. Bars employing or contracting with an applicant who refuses to consent (previously required to consider refusal when making employment and contract decisions). Regarding existing authority of a board of directors to adopt a policy providing for uniform periodic checks of criminal history of employees, allows the board to conduct a criminal history check as provided for applicants. Makes technical changes. 

Amends GS 115C-332, regarding criminal history checks of public school personnel. Makes technical changes to the defined term criminal history. Makes identical changes as those made to GS 115C-238.73, regarding requirements of a regional school concerning applicants for school personnel positions, making them applicable to local boards of education. 

Similarly, amends GS 116-239.12, directing the chancellor of a laboratory school to adopt a policy requiring applicants for a school personnel position to be checked for a criminal history before the applicant is offered an unconditional job (previously not specified, though existing law provides for conditional employment pending the check and review). Authorizes the chancellor to request the criminal history check completed for licensure purposes from the State Board under GS 115C-270.12, as applicable. Authorizes rather than bars the chancellor from requiring the applicant to pay for the check and fingerprinting. Requires the chancellor by policy to uniformly require applicants for employment to be checked for criminal history either by a consumer reporting agency, as defined, and/or DPS. Restricts requirements regarding fingerprinting, provision of other necessary information and signed consent to checks by DPS. Bars employing or contracting with an applicant who refuses to consent (previously required to consider refusal when making employment and contract decisions). Grants authority to adopt a policy providing for uniform periodic checks of criminal history of employees, and allows the chancellor to conduct a criminal history check as provided for applicants. Makes technical changes. 

Amends GS 143B-931 to authorize DPS to provide a criminal history check to the board of directors of a charter school of a person who is employed at a charter school or of a person who has applied for employment at a charter school, subject to employee or applicant consent, as well as school personnel by fingerprint card. Provides for confidentiality. 

Applies to applications for employment that are received on or after January 1, 2022.