                                 CODE OF VIRGINIA

DATA ON CONVICTIONS FOR CERTAIN CRIMES AND CHILD ABUSE AND NEGLECT REQUIRED;
PENALTY (§ 22.1-296.1)

A. As a condition of employment for all of its public school employees, whether
full-time or part-time, permanent, or temporary, every school board shall
require on its application for employment certification of whether the applicant
has been convicted of any violent felony set forth in the definition of barrier
crime in subsection A of &#xA7; 19.2-392.02; any offense involving the sexual
molestation, physical or sexual abuse, or rape of a child, or the solicitation
of any such offense; or any crime of moral turpitude. Any individual making a
materially false statement regarding any such offense is guilty of a Class 1
misdemeanor and, in the case of a teacher, upon conviction, the fact of such
conviction is grounds for the Board to revoke his license to teach.

B. No school board shall employ any individual who has been convicted of any:

   1. Offense involving the sexual molestation of, physical or sexual abuse, or
   rape of a child, or the solicitation of any such offense.

   2. Violent felony or crime of moral turpitude set forth in the definition of
   barrier crime in subsection A of &#xA7; 19.2-392.02, provided, however, that
   any school board may employ such an individual if (i) such felony conviction
   does not involve the sexual molestation, physical or sexual abuse, or rape of
   a child, or the solicitation of any such offense; (ii) such an individual (a)
   has had his civil rights restored by the Governor; (b) has completed all terms
   of supervision and has been released from supervision for more than 20 years;
   (c) is, in the opinion of the school board, of upstanding character; and (d)
   has demonstrated commitment to public or community service and rehabilitation
   after completing all terms of supervision; and (iii) the school board
   certifies in writing that such an individual meets the requirements set forth
   in this subsection.

C. Any school board may employ any individual who has been convicted of any
felony or crime of moral turpitude that is not set forth in the definition of
barrier crime in subsection A of &#xA7; 19.2-392.02 and does not involve the
sexual molestation, physical or sexual abuse, or rape of a child, or the
solicitation of any such offense, provided that in the case of a felony
conviction, such individual has had his civil rights restored by the Governor.

D. Every school board shall also require on its application for employment, as a
condition of employment requiring direct contact with students, whether
full-time or part-time, permanent, or temporary, certification that the
applicant has not been the subject of a founded case of child abuse and neglect.
Any person making a materially false statement regarding a finding of child
abuse and neglect is guilty of a Class 1 misdemeanor and upon conviction, the
fact of such conviction is grounds for the Board to revoke such person&#8217;s
license to teach.

E. As a condition of awarding a contract for the provision of services that
require the contractor or his employees to have direct contact with students on
school property during regular school hours or during school-sponsored
activities, the school board shall require the contractor to provide
certification of whether any individual who will provide such services has been
convicted of any violent felony set forth in the definition of barrier crime in
subsection A of &#xA7; 19.2-392.02; any offense involving the sexual
molestation, physical or sexual abuse, or rape of a child, or the solicitation
of any such offense; or any crime of moral turpitude.
			Any individual making a materially false statement regarding any such offense
is guilty of a Class 1 misdemeanor and, upon conviction, the fact of such
conviction is grounds for the revocation of the contract to provide such
services and, when relevant, the revocation of any license required to provide
such services. School boards shall not be liable for materially false statements
regarding the certifications required by this subsection.
			This subsection shall not apply to a contractor or his employees providing
services to a school division in an emergency or exceptional situation, such as
when student health or safety is endangered or when repairs are needed on an
urgent basis to ensure that school facilities are safe and habitable, when it is
reasonably anticipated that the contractor or his employees will have no direct
contact with students.

F. No school board shall award a contract for the provision of services that
require the contractor or his employees to have direct contact with students on
school property during regular school hours or during school-sponsored
activities when any individual who provides such services has been convicted of
any:

   1. Offense involving the sexual molestation, physical or sexual abuse, or rape
   of a child, or the solicitation of any such offense.

   2. Violent felony or crime of moral turpitude set forth in the definition of
   barrier crime in subsection A of &#xA7; 19.2-392.02, provided, however, that
   any school board may award a contract for the provision of such services if
   (i) such felony conviction does not involve the sexual molestation, physical
   or sexual abuse, or rape of a child, or the solicitation of any such offense;
   (ii) such an individual (a) has had his civil rights restored by the Governor;
   (b) has completed all terms of supervision and has been released from
   supervision for more than 20 years; (c) is, in the opinion of the school
   board, of upstanding character; and (d) has demonstrated commitment to public
   or community service and rehabilitation after completing all terms of
   supervision; and (iii) the school board certifies in writing that such an
   individual meets the requirements set forth in this subsection.

G. Any school board may award a contract for the provision of services that
require the contractor or his employees to have direct contact with students on
school property during regular school hours or during school-sponsored
activities when any individual who provides such services has been convicted of
any felony or crime of moral turpitude that is not set forth in the definition
of barrier crime in subsection A of &#xA7; 19.2-392.02 and does not involve the
sexual molestation, physical or sexual abuse, or rape of a child, or the
solicitation of any such offense, provided that in the case of a felony
conviction, such individual has had his civil rights restored by the Governor.

H. For the purposes of this section, &#8220;school board&#8221; includes the
Board of Visitors of the Virginia School for the Deaf and the Blind, which, for
the purpose of receiving criminal history record information pertaining to an
application for employment from the Central Criminal Records Exchange, shall be
a governmental entity.

HISTORY: 1985, c. 487; 1987, c. 359; 1996, c. 960; 1997, c. 103; 2003, c. 723;
2006, c. 790; 2007, cc. 245, 431; 2008, c. 555; 2020, c. 877; 2023, cc. 670,
703; 2025, c. 642.