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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69692</law_id><section_number>22.1-296.4</section_number><catch_line>Child abuse and neglect data required</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>22.1-212.26</reference><reference>22.1-298.1</reference><reference>22.1-349.9</reference><reference>63.2-1515</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="15">Teachers, Officers and Employees</unit><unit label="article" level="3" order_by="1" identifier="2">Terms of Employment Generally</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Every <span class="dictionary">school board</span> and every governing board or administrator of a private school accredited pursuant to &#xA7; <a class="law" title="Accreditation of elementary, middle, and high schools; nursery schools; recognition of certain organizations; child day center regulation" href="/22.1-19/">22.1-19</a> shall require, as a condition of employment, that any applicant who is offered or accepts employment requiring direct contact with students, whether full-time or part-time, permanent or temporary, provide written consent and the necessary personal information for the <span class="dictionary">school board</span>, governing board, or administrator to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the <span class="dictionary">Department</span> of Social Services pursuant to &#xA7; <a class="law" title="Central registry; disclosure of information" href="/63.2-1515/">63.2-1515</a>. The <span class="dictionary">school board</span>, governing board, or administrator shall ensure that all such searches are requested in conformance with the regulations of the Board of Social Services. In addition, where the applicant has resided in another state within the last five years, the <span class="dictionary">school board</span>, governing board, or administrator shall require as a condition of employment that such applicant provide written consent and the necessary personal information for the <span class="dictionary">school board</span>, governing board, or administrator to obtain information from each relevant state as to whether the applicant was the subject of a founded complaint of child abuse and neglect in such state. The <span class="dictionary">school board</span>, governing board or administrator shall take reasonable steps to determine whether the applicant was the subject of a founded complaint of child abuse and neglect in the relevant state. The <span class="dictionary">Department</span> of Social Services shall maintain a database of central child abuse and neglect registries in other states that provide access to out-of-state <span class="dictionary">school boards</span>, for use by local <span class="dictionary">school boards</span>, governing boards, and administrators. The applicant may be required to pay the cost of any search conducted pursuant to this subsection at the discretion of the <span class="dictionary">school board</span>, governing board, or administrator. From such funds as may be available for this purpose, however, the <span class="dictionary">school board</span> or the governing board or administrator may pay for the search.
			The <span class="dictionary">Department</span> of Social Services shall respond to such request by the <span class="dictionary">school board</span>, governing board, or administrator in cases where there is no match within the central registry regarding applicants for employment within 10 business days of receipt of such request. In cases where there is a match within the central registry regarding applicants for employment, the <span class="dictionary">Department</span> of Social Services shall respond to such request by the <span class="dictionary">school board</span>, governing board, or administrator within 30 business days of receipt of such request. The request and response may be sent electronically or by first-class mail or facsimile transmission. <a id="paragraph-251938" class="section-permalink" href="https://vacode.org/22.1-296.4/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the response obtained pursuant to subsection A indicates that the applicant is the subject of a founded case of child abuse and neglect, such applicant shall be denied employment or the employment shall be rescinded. <a id="paragraph-251939" class="section-permalink" href="https://vacode.org/22.1-296.4/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If an applicant is denied employment because of information appearing on his record in the registry, the <span class="dictionary">school board</span>, governing board, or administrator shall provide a copy of the information obtained from the registry to the applicant. The information provided to the <span class="dictionary">school board</span>, governing board, or administrator by the <span class="dictionary">Department</span> of Social Services shall be confidential and shall not be disseminated by the <span class="dictionary">school board</span>, governing board, or administrator. <a id="paragraph-251940" class="section-permalink" href="https://vacode.org/22.1-296.4/#C"><i class="fa fa-link"/></a></p></section></text><history>1997, c. 103; 2000, cc. 95, 734; 2008, c. 555; 2009, c. 58; 2016, c. 454; 2020, c. 300.</history><metadata></metadata></law>
