Code of Alabama - Title 16: Education - Chapter 22A - Alabama Child Protection Act of 1999

• Article 1 Criminal History Background Information Checks on Applicants for Certification, Applicants for Employment, Nonpublic Current Employees, and Current Employees Under Review.
• Section 16-22A-1 Short title; purpose
  This chapter shall be known and cited as the Alabama Child Protection Act of 1999. Article 1 provides the procedure for conducting criminal history background...
• Section 16-22A-2 Legislative intent
  Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized information...
• Section 16-22A-3 Definitions
  When used in this chapter only, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A certified...
• Section 16-22A-4 Initiation of request for criminal history background check
  Any person who wishes to initiate a request for a criminal history background check of a current employee shall be required to provide a written...
• Section 16-22A-5 Agencies required to conduct criminal history background information checks
  (a) A criminal history background information check shall be conducted on all applicants seeking positions with, and on all current employees under review employed by...
• Section 16-22A-6 Request from schools for criminal history background information check
  (a) The State Department of Education, or other public authorized employer responsible for hiring employees who will have unsupervised access to children in an educational...
• Section 16-22A-7 Responsibilities of individuals to provide information
  (a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board,...
• Section 16-22A-8 Fingerprint training courses
  (a) The Department of Public Safety and the State Department of Education shall cooperatively schedule sufficient training throughout the state to train all local superintendents...
• Section 16-22A-9 Collection and transfer of fingerprints, fees, and information
  (a) Local employing boards and other public authorized employers required to obtain criminal history background information checks under this chapter shall collect and forward to...
• Section 16-22A-10 Confidentiality of information
  (a)(1) Any criminal history background information reports received by the State Department of Education from the Department of Public Safety shall be confidential, conspicuously marked...
• Section 16-22A-11 Rules and regulations
  The State Department of Education and the Department of Public Safety may adopt rules and regulations to implement the procedures and requirements of this chapter.
• Section 16-22A-12 Penalties
  (a) Violations. Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor: (1) Violating the...
• Section 16-22A-13 Liability
  An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an...
• Section 16-22A-14 Exceptions - Nonpublic schools
  If a nonpublic school wishes not to do the fingerprinting procedure of their applicants, current employees, or current employees under review, they shall not be...
• Section 16-22A-15 Exceptions - Church officials
  The provisions of this chapter shall not apply to any pastor, priest, rabbi, clergyman, or other church official except when acting in the capacity of...
• Section 16-22A-16 Construction
  Except as expressly specified in this chapter pertaining to criminal history background information checks of applicants for nonpublic employment, nonpublic current employees, and nonpublic current...
• Section 16-22A-17 Disposition of fees
  All fees received by the Department of Public Safety for criminal history background information checks and fingerprint training courses conducted pursuant to this chapter shall...
• Section 16-22A-18 Repealer
  This chapter is supplementary to and shall be construed in pari materia with other laws. To the extent that this chapter specifically conflicts with other...
• Article 2 Criminal History Background Checks of Current Public Certified and Current Public Noncertified Employees.
• Section 16-22A-30 Criminal background information checks of current public employees
  (a) A criminal history background information check shall be conducted on all current public certified employees and all current public noncertified employees employed by a...
• Section 16-22A-31 Written consent; additional check
  (a) The following persons shall obtain a signed and dated written consent to obtain criminal history background information checks for current public certified employees and...
• Section 16-22A-32 Collection of fingerprints; submission of materials
  (a) Each local employing board and other public educational entity required to obtain criminal history background information checks of current public certified employees and current...
• Section 16-22A-33 Submission of additional reports; suitability determination
  Upon request of the State Superintendent of Education, the Department of Public Safety shall request and obtain nationwide criminal history background information reports from the...
• Section 16-22A-34 Satisfaction of contingencies; procedures
  (a) The requirement to conduct a criminal history background information check on public and nonpublic current employees pursuant to this chapter is contingent upon the...

Last modified: May 3, 2021