{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-296.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-296.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-296.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-296.3.html"}],"law_id":55924,"edition_id":1,"section_id":55924,"structure_id":14223,"section_number":"22.1-296.3","catch_line":"Certain private school employees subject to fingerprinting and criminal records checks","history":"1996, c. 944; 1998, c. 113; 2002, c. 528; 2005, c. 928; 2016, c. 454; 2017, c. 809; 2020, cc. 779, 860, 861; 2022, c. 355; 2023, c. 253.","full_text":"A\n\nAs a condition of employment, the governing boards or administrators of private elementary or secondary schools that are accredited pursuant to § 22.1-19 shall require any applicant who accepts employment, whether full time or part time or permanent or temporary, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall report to the governing board or administrator, or to a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police, that the applicant meets the criteria or does not meet the criteria for employment based on whether or not the applicant has ever been convicted of any barrier crime as defined in § 19.2-392.02.B\n\nThe Central Criminal Records Exchange shall not disclose information to such governing board, administrator, or private organization coordinating such records regarding charges or convictions of any crimes. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon request, furnish the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the governing board, administrator, or private organization coordinating such records shall not be disseminated except as provided in this section. A governing board or administrator employing or previously employing a temporary teacher or a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police may disseminate, at the written request of such temporary teacher, whether such teacher meets the criteria or does not meet the criteria for employment pursuant to subsection A to the governing board or administrator of another accredited private elementary or secondary school in which such teacher has accepted employment. Such governing board, administrator, or private organization transferring criminal records information pursuant to this section shall be immune from civil liability for any official act, decision, or omission done or made in the performance of such transfer, when such acts or omissions are taken in good faith and are not the result of gross negligence or willful misconduct.\n\t\t\tFees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state of such processing and administration.C\n\nThe governing board or administrator of a private elementary or secondary school may disclose information in records received pursuant to subsection A to the Virginia Council for Private Education (the Council) or its authorized designee for purposes of seeking or maintaining accreditation by the Council as permitted pursuant to § 22.1-19.D\n\nThe governing board or administrator of a private elementary or secondary school that is accredited pursuant to § 22.1-19 that operates a child day program or family day system regulated by the Department pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) shall accept evidence of a background check in accordance with § 22.1-289.035 for individuals who are required to undergo a background check in accordance with that section as a condition of employment in lieu of the background check required by subsection A.E\n\nThe governing boards or administrators of private elementary and secondary schools that are accredited pursuant to § 22.1-19 shall adopt and implement policies prohibiting any individual who is a governing board member, administrator, employee, contractor, or agent of a private elementary or secondary school to assist a governing board member, administrator, employee, contractor, or agent of such private elementary or secondary school in obtaining a new job if such individual knows or has probable cause to believe that the individual seeking new employment engaged in sexual misconduct regarding a minor or student in violation of law.F\n\nFor purposes of this section, “governing board” or “administrator” means the unit or board or person designated to supervise operations of a system of private schools or a private school accredited pursuant to § 22.1-19.\n\t\t\tNothing in this section or § 19.2-389 shall be construed to require any private or religious school that is not so accredited to comply with this section.","order_by":null,"text":{"0":{"id":204874,"text":"As a condition of employment, the governing boards or administrators of private elementary or secondary schools that are accredited pursuant to § 22.1-19 shall require any applicant who accepts employment, whether full time or part time or permanent or temporary, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall report to the governing board or administrator, or to a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police, that the applicant meets the criteria or does not meet the criteria for employment based on whether or not the applicant has ever been convicted of any barrier crime as defined in § 19.2-392.02.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204875,"text":"The Central Criminal Records Exchange shall not disclose information to such governing board, administrator, or private organization coordinating such records regarding charges or convictions of any crimes. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon request, furnish the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the governing board, administrator, or private organization coordinating such records shall not be disseminated except as provided in this section. A governing board or administrator employing or previously employing a temporary teacher or a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police may disseminate, at the written request of such temporary teacher, whether such teacher meets the criteria or does not meet the criteria for employment pursuant to subsection A to the governing board or administrator of another accredited private elementary or secondary school in which such teacher has accepted employment. Such governing board, administrator, or private organization transferring criminal records information pursuant to this section shall be immune from civil liability for any official act, decision, or omission done or made in the performance of such transfer, when such acts or omissions are taken in good faith and are not the result of gross negligence or willful misconduct.\n\t\t\tFees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state of such processing and administration.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204876,"text":"The governing board or administrator of a private elementary or secondary school may disclose information in records received pursuant to subsection A to the Virginia Council for Private Education (the Council) or its authorized designee for purposes of seeking or maintaining accreditation by the Council as permitted pursuant to § 22.1-19.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204877,"text":"The governing board or administrator of a private elementary or secondary school that is accredited pursuant to § 22.1-19 that operates a child day program or family day system regulated by the Department pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) shall accept evidence of a background check in accordance with § 22.1-289.035 for individuals who are required to undergo a background check in accordance with that section as a condition of employment in lieu of the background check required by subsection A.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204878,"text":"The governing boards or administrators of private elementary and secondary schools that are accredited pursuant to § 22.1-19 shall adopt and implement policies prohibiting any individual who is a governing board member, administrator, employee, contractor, or agent of a private elementary or secondary school to assist a governing board member, administrator, employee, contractor, or agent of such private elementary or secondary school in obtaining a new job if such individual knows or has probable cause to believe that the individual seeking new employment engaged in sexual misconduct regarding a minor or student in violation of law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":204879,"text":"For purposes of this section, “governing board” or “administrator” means the unit or board or person designated to supervise operations of a system of private schools or a private school accredited pursuant to § 22.1-19.\n\t\t\tNothing in this section or § 19.2-389 shall be construed to require any private or religious school that is not so accredited to comply with this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14223,"edition_id":1,"name":"Terms of Employment Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12824,"metadata":{},"date_created":"2026-06-26 03:47:21","date_modified":"2026-06-26 03:47:21","permalink":{"id":182951,"object_type":"structure","relational_id":14223,"identifier":"2","token":"22.1\/15\/2","url":"\/22.1\/15\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12824,"edition_id":1,"name":"Teachers, Officers and Employees","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":182871,"object_type":"structure","relational_id":12824,"identifier":"15","token":"22.1\/15","url":"\/22.1\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64907,"structure_id":14223,"section_number":"22.1-293","catch_line":"School boards authorized to employ principals and assistant principals; license required; powers and duties","url":"\/22.1-293\/","token":"22.1\/15\/2\/22.1-293","metadata":false},{"id":67734,"structure_id":14223,"section_number":"22.1-294","catch_line":"Probationary terms of service for principals, assistant principals, and supervisors; evaluation; reassigning principal, assistant principal, or supervisor to teaching position","url":"\/22.1-294\/","token":"22.1\/15\/2\/22.1-294","metadata":false},{"id":69191,"structure_id":14223,"section_number":"22.1-295","catch_line":"Employment of teachers","url":"\/22.1-295\/","token":"22.1\/15\/2\/22.1-295","metadata":false},{"id":55436,"structure_id":14223,"section_number":"22.1-295.1","catch_line":"Employee personnel files; maintenance of employee records; confidentiality of certain records","url":"\/22.1-295.1\/","token":"22.1\/15\/2\/22.1-295.1","metadata":false},{"id":56821,"structure_id":14223,"section_number":"22.1-295.2","catch_line":"Employment discrimination prohibited","url":"\/22.1-295.2\/","token":"22.1\/15\/2\/22.1-295.2","metadata":false},{"id":75428,"structure_id":14223,"section_number":"22.1-296","catch_line":"Payment of employees; reimbursement for private transportation; certain sick leave policies","url":"\/22.1-296\/","token":"22.1\/15\/2\/22.1-296","metadata":false},{"id":62723,"structure_id":14223,"section_number":"22.1-296.1","catch_line":"Data on convictions for certain crimes and child abuse and neglect required; penalty","url":"\/22.1-296.1\/","token":"22.1\/15\/2\/22.1-296.1","metadata":false},{"id":74413,"structure_id":14223,"section_number":"22.1-296.2","catch_line":"Fingerprinting required; reciprocity permitted","url":"\/22.1-296.2\/","token":"22.1\/15\/2\/22.1-296.2","metadata":false},{"id":55924,"structure_id":14223,"section_number":"22.1-296.3","catch_line":"Certain private school employees subject to fingerprinting and criminal records checks","url":"\/22.1-296.3\/","token":"22.1\/15\/2\/22.1-296.3","metadata":false},{"id":69692,"structure_id":14223,"section_number":"22.1-296.4","catch_line":"Child abuse and neglect data required","url":"\/22.1-296.4\/","token":"22.1\/15\/2\/22.1-296.4","metadata":false},{"id":59597,"structure_id":14223,"section_number":"22.1-296.5","catch_line":"Employment verification required","url":"\/22.1-296.5\/","token":"22.1\/15\/2\/22.1-296.5","metadata":false},{"id":65919,"structure_id":14223,"section_number":"22.1-297","catch_line":"Assignment of teachers, principals and assistant principals by superintendent","url":"\/22.1-297\/","token":"22.1\/15\/2\/22.1-297","metadata":false},{"id":86723,"structure_id":14223,"section_number":"22.1-298","catch_line":"Repealed","url":"\/22.1-298\/","token":"22.1\/15\/2\/22.1-298","metadata":false},{"id":71301,"structure_id":14223,"section_number":"22.1-298.1","catch_line":"(Effective July 1, 2030) Regulations governing licensure","url":"\/22.1-298.1\/","token":"22.1\/15\/2\/22.1-298.1","metadata":false},{"id":59407,"structure_id":14223,"section_number":"22.1-298.2","catch_line":"Regulations governing education preparation programs","url":"\/22.1-298.2\/","token":"22.1\/15\/2\/22.1-298.2","metadata":false},{"id":60838,"structure_id":14223,"section_number":"22.1-298.2:1","catch_line":"(Contingent effective date \u2014 see note) Teacher employment data; education preparation programs","url":"\/22.1-298.2_1\/","token":"22.1\/15\/2\/22.1-298.2_1","metadata":false},{"id":78939,"structure_id":14223,"section_number":"22.1-298.3","catch_line":"Students with autism spectrum disorders; training required of personnel","url":"\/22.1-298.3\/","token":"22.1\/15\/2\/22.1-298.3","metadata":false},{"id":66256,"structure_id":14223,"section_number":"22.1-298.4","catch_line":"Teacher preparation programs; learning disabilities","url":"\/22.1-298.4\/","token":"22.1\/15\/2\/22.1-298.4","metadata":false},{"id":56301,"structure_id":14223,"section_number":"22.1-298.5","catch_line":"Regulations governing licensure; endorsement in dual language instruction pre-kindergarten through grade six","url":"\/22.1-298.5\/","token":"22.1\/15\/2\/22.1-298.5","metadata":false},{"id":80956,"structure_id":14223,"section_number":"22.1-298.6","catch_line":"Mental health awareness training","url":"\/22.1-298.6\/","token":"22.1\/15\/2\/22.1-298.6","metadata":false},{"id":65764,"structure_id":14223,"section_number":"22.1-298.7","catch_line":"Teachers and other licensed school board employees; cultural competency training","url":"\/22.1-298.7\/","token":"22.1\/15\/2\/22.1-298.7","metadata":false},{"id":85044,"structure_id":14223,"section_number":"22.1-298.8","catch_line":"Public elementary and secondary school teachers; certain training activities; requirements and limitations; index","url":"\/22.1-298.8\/","token":"22.1\/15\/2\/22.1-298.8","metadata":false},{"id":71681,"structure_id":14223,"section_number":"22.1-299","catch_line":"(Effective July 1, 2030) License required of teachers; provisional licenses; exceptions","url":"\/22.1-299\/","token":"22.1\/15\/2\/22.1-299","metadata":false},{"id":68324,"structure_id":14223,"section_number":"22.1-299.1","catch_line":"Repealed","url":"\/22.1-299.1\/","token":"22.1\/15\/2\/22.1-299.1","metadata":false},{"id":70249,"structure_id":14223,"section_number":"22.1-299.2","catch_line":"National Teacher Certification Incentive Reward Program and Fund","url":"\/22.1-299.2\/","token":"22.1\/15\/2\/22.1-299.2","metadata":false},{"id":81334,"structure_id":14223,"section_number":"22.1-299.3","catch_line":"Repealed","url":"\/22.1-299.3\/","token":"22.1\/15\/2\/22.1-299.3","metadata":false},{"id":57049,"structure_id":14223,"section_number":"22.1-299.4","catch_line":"Teach For America license","url":"\/22.1-299.4\/","token":"22.1\/15\/2\/22.1-299.4","metadata":false},{"id":72039,"structure_id":14223,"section_number":"22.1-299.5","catch_line":"Waiver of teacher licensure requirements; trade and industrial education programs","url":"\/22.1-299.5\/","token":"22.1\/15\/2\/22.1-299.5","metadata":false},{"id":87315,"structure_id":14223,"section_number":"22.1-299.6","catch_line":"Career and technical education; three-year licenses","url":"\/22.1-299.6\/","token":"22.1\/15\/2\/22.1-299.6","metadata":false},{"id":79194,"structure_id":14223,"section_number":"22.1-299.7","catch_line":"Microcredential program; certain STEM subjects","url":"\/22.1-299.7\/","token":"22.1\/15\/2\/22.1-299.7","metadata":false},{"id":80524,"structure_id":14223,"section_number":"22.1-299.7:1","catch_line":" (For effective date, see Acts 2022, cc. 549, 550, cl. 2) Microcredential program; reading specialists","url":"\/22.1-299.7_1\/","token":"22.1\/15\/2\/22.1-299.7_1","metadata":false},{"id":65219,"structure_id":14223,"section_number":"22.1-299.8","catch_line":"Technical professional licenses; substitution of certain professional development activities for required coursework","url":"\/22.1-299.8\/","token":"22.1\/15\/2\/22.1-299.8","metadata":false},{"id":61649,"structure_id":14223,"section_number":"22.1-300","catch_line":"Tuberculosis certificate","url":"\/22.1-300\/","token":"22.1\/15\/2\/22.1-300","metadata":false},{"id":76288,"structure_id":14223,"section_number":"22.1-301","catch_line":"Costs of medical examinations and of furnishing medical records","url":"\/22.1-301\/","token":"22.1\/15\/2\/22.1-301","metadata":false},{"id":74415,"structure_id":14223,"section_number":"22.1-302","catch_line":"(Effective July 1, 2027) Written contracts required; execution of contracts; qualifications of temporarily employed teachers; rules and requirements","url":"\/22.1-302\/","token":"22.1\/15\/2\/22.1-302","metadata":false},{"id":55716,"structure_id":14223,"section_number":"22.1-303","catch_line":"Probationary terms of service for teachers","url":"\/22.1-303\/","token":"22.1\/15\/2\/22.1-303","metadata":false},{"id":63799,"structure_id":14223,"section_number":"22.1-303.1","catch_line":"Immunity from civil liability for certain individuals","url":"\/22.1-303.1\/","token":"22.1\/15\/2\/22.1-303.1","metadata":false},{"id":83664,"structure_id":14223,"section_number":"22.1-304","catch_line":"Reemployment of teacher who has not achieved continuing contract status; effect of continuing contract; resignation of teacher; reduction in number of teachers","url":"\/22.1-304\/","token":"22.1\/15\/2\/22.1-304","metadata":false},{"id":64910,"structure_id":14223,"section_number":"22.1-305","catch_line":"Nonrenewal of contract of probationary teacher","url":"\/22.1-305\/","token":"22.1\/15\/2\/22.1-305","metadata":false},{"id":66269,"structure_id":14223,"section_number":"22.1-305.1","catch_line":"Mentor teacher programs","url":"\/22.1-305.1\/","token":"22.1\/15\/2\/22.1-305.1","metadata":false}],"previous_section":{"id":74413,"structure_id":14223,"section_number":"22.1-296.2","catch_line":"Fingerprinting required; reciprocity permitted","url":"\/22.1-296.2\/","token":"22.1\/15\/2\/22.1-296.2","metadata":false},"next_section":{"id":69692,"structure_id":14223,"section_number":"22.1-296.4","catch_line":"Child abuse and neglect data required","url":"\/22.1-296.4\/","token":"22.1\/15\/2\/22.1-296.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-296.3\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 944<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter 113<\/a>; in 2002, chapter 528<\/a>; in 2005, chapter 928<\/a>; in 2016, chapter 454<\/a>; in 2017, chapter 809<\/a>; in 2020, chapters 779<\/a>, 860<\/a>, and 861<\/a>; in 2022, chapter 355<\/a>; in 2023, chapter 253<\/a>.<\/p>","references":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":74230,"section_number":"22.1-289.032","catch_line":"Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief","order_by":null,"url":"\/22.1-289.032\/"}],"refers_to":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":55423,"section_number":"22.1-19","catch_line":"Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation","order_by":null,"url":"\/22.1-19\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"},{"id":77523,"section_number":"22.1-289.035","catch_line":"Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","order_by":null,"url":"\/22.1-289.035\/"}],"permalink":{"id":182985,"object_type":"law","relational_id":55924,"identifier":"22.1-296.3","token":"22.1\/15\/2\/22.1-296.3","url":"\/22.1-296.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-296.3\/","token":"22.1\/15\/2\/22.1-296.3","dublin_core":{"Title":"Certain private school employees subject to fingerprinting and criminal records checks","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-296.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As a condition of employment, the governing boards<\/span> or administrators<\/span> of private elementary<\/span> or secondary schools that are accredited pursuant to § 22.1-19<\/a> shall require any applicant who accepts employment, whether full time or part time or permanent or temporary, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall report to the governing board<\/span> or administrator<\/span>, or to a private organization coordinating such records on behalf of such governing board<\/span> or administrator<\/span> pursuant to a written agreement with the Department<\/span> of State Police, that the applicant meets the criteria or does not meet the criteria for employment based on whether or not the applicant has ever been convicted of any barrier crime<\/span> as defined in § 19.2-392.02<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Central Criminal Records Exchange shall not disclose information to such governing board<\/span>, administrator<\/span>, or private organization coordinating such records regarding charges or convictions<\/span> of any crimes<\/span>. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon request, furnish the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the governing board<\/span>, administrator<\/span>, or private organization coordinating such records shall not be disseminated except as provided in this section. A governing board<\/span> or administrator<\/span> employing or previously employing a temporary teacher or a private organization coordinating such records on behalf of such governing board<\/span> or administrator<\/span> pursuant to a written agreement with the Department<\/span> of State Police may disseminate, at the written request of such temporary teacher, whether such teacher meets the criteria or does not meet the criteria for employment pursuant to subsection A to the governing board<\/span> or administrator<\/span> of another accredited private elementary<\/span> or secondary school in which such teacher has accepted employment. Such governing board<\/span>, administrator<\/span>, or private organization transferring criminal records information pursuant to this section shall be immune from civil liability for any official act, decision, or omission done or made in the performance of such transfer, when such acts or omissions are taken in good faith and are not the result of gross negligence<\/span> or willful misconduct.\n\t\t\tFees charged for the processing and administration of background checks pursuant to this section shall not exceed the actual cost to the state of such processing and administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The governing board<\/span> or administrator<\/span> of a private elementary<\/span> or secondary school may disclose information in records received pursuant to subsection A to the Virginia Council for Private Education (the Council) or its authorized designee for purposes of seeking or maintaining accreditation by the Council as permitted pursuant to § 22.1-19<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The governing board<\/span> or administrator<\/span> of a private elementary<\/span> or secondary school that is accredited pursuant to § 22.1-19<\/a> that operates a child day program or family day system regulated by the Department<\/span> pursuant to Chapter 14.1 (§ 22.1-289.02<\/a> et seq.) shall accept evidence<\/span> of a background check in accordance with § 22.1-289.035<\/a> for individuals who are required to undergo a background check in accordance with that section as a condition of employment in lieu of the background check required by subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The governing boards<\/span> or administrators<\/span> of private elementary<\/span> and secondary schools that are accredited pursuant to § 22.1-19<\/a> shall adopt and implement policies prohibiting any individual who is a governing board<\/span> member, administrator<\/span>, employee, contractor, or agent of a private elementary<\/span> or secondary school to assist a governing board<\/span> member, administrator<\/span>, employee, contractor, or agent of such private elementary<\/span> or secondary school in obtaining a new job if such individual knows or has probable cause<\/span> to believe that the individual seeking new employment engaged in sexual misconduct regarding a minor<\/span> or student in violation of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section, “governing board<\/span>” or “administrator<\/span>” means the unit or board or person designated to supervise operations of a system of private schools or a private school accredited pursuant to § 22.1-19<\/a>.\n\t\t\tNothing in this section or § 19.2-389<\/a> shall be construed to require any private or religious school that is not so accredited to comply with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN PRIVATE SCHOOL EMPLOYEES SUBJECT TO FINGERPRINTING AND CRIMINAL RECORDS\nCHECKS (\u00a7 22.1-296.3)\n\nA. As a condition of employment, the governing boards or administrators of\nprivate elementary or secondary schools that are accredited pursuant to §\n22.1-19 shall require any applicant who accepts employment, whether full time or\npart time or permanent or temporary, to submit to fingerprinting and to provide\npersonal descriptive information to be forwarded along with the\napplicant’s fingerprints through the Central Criminal Records Exchange to\nthe Federal Bureau of Investigation for the purpose of obtaining criminal\nhistory record information regarding such applicant.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall report to the governing\nboard or administrator, or to a private organization coordinating such records\non behalf of such governing board or administrator pursuant to a written\nagreement with the Department of State Police, that the applicant meets the\ncriteria or does not meet the criteria for employment based on whether or not\nthe applicant has ever been convicted of any barrier crime as defined in §\n19.2-392.02.\n\nB. The Central Criminal Records Exchange shall not disclose information to such\ngoverning board, administrator, or private organization coordinating such\nrecords regarding charges or convictions of any crimes. If any applicant is\ndenied employment because of information appearing on the criminal history\nrecord and the applicant disputes the information upon which the denial was\nbased, the Central Criminal Records Exchange shall, upon request, furnish the\napplicant the procedures for obtaining a copy of the criminal history record\nfrom the Federal Bureau of Investigation. The information provided to the\ngoverning board, administrator, or private organization coordinating such\nrecords shall not be disseminated except as provided in this section. A\ngoverning board or administrator employing or previously employing a temporary\nteacher or a private organization coordinating such records on behalf of such\ngoverning board or administrator pursuant to a written agreement with the\nDepartment of State Police may disseminate, at the written request of such\ntemporary teacher, whether such teacher meets the criteria or does not meet the\ncriteria for employment pursuant to subsection A to the governing board or\nadministrator of another accredited private elementary or secondary school in\nwhich such teacher has accepted employment. Such governing board, administrator,\nor private organization transferring criminal records information pursuant to\nthis section shall be immune from civil liability for any official act,\ndecision, or omission done or made in the performance of such transfer, when\nsuch acts or omissions are taken in good faith and are not the result of gross\nnegligence or willful misconduct.\n\t\t\tFees charged for the processing and administration of background checks\npursuant to this section shall not exceed the actual cost to the state of such\nprocessing and administration.\n\nC. The governing board or administrator of a private elementary or secondary\nschool may disclose information in records received pursuant to subsection A to\nthe Virginia Council for Private Education (the Council) or its authorized\ndesignee for purposes of seeking or maintaining accreditation by the Council as\npermitted pursuant to § 22.1-19.\n\nD. The governing board or administrator of a private elementary or secondary\nschool that is accredited pursuant to § 22.1-19 that operates a child day\nprogram or family day system regulated by the Department pursuant to Chapter\n14.1 (§ 22.1-289.02 et seq.) shall accept evidence of a background check in\naccordance with § 22.1-289.035 for individuals who are required to undergo\na background check in accordance with that section as a condition of employment\nin lieu of the background check required by subsection A.\n\nE. The governing boards or administrators of private elementary and secondary\nschools that are accredited pursuant to § 22.1-19 shall adopt and implement\npolicies prohibiting any individual who is a governing board member,\nadministrator, employee, contractor, or agent of a private elementary or\nsecondary school to assist a governing board member, administrator, employee,\ncontractor, or agent of such private elementary or secondary school in obtaining\na new job if such individual knows or has probable cause to believe that the\nindividual seeking new employment engaged in sexual misconduct regarding a minor\nor student in violation of law.\n\nF. For purposes of this section, “governing board” or\n“administrator” means the unit or board or person designated to\nsupervise operations of a system of private schools or a private school\naccredited pursuant to § 22.1-19.\n\t\t\tNothing in this section or § 19.2-389 shall be construed to require any\nprivate or religious school that is not so accredited to comply with this\nsection.\n\nHISTORY: 1996, c. 944; 1998, c. 113; 2002, c. 528; 2005, c. 928; 2016, c. 454;\n2017, c. 809; 2020, cc. 779, 860, 861; 2022, c. 355; 2023, c. 253.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}