Amends TCA Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 5.

This bill requires the department of education to pay for certain criminal background investigations of teachers and other school personnel employed by a local education agency (LEA).<br /> <br /> PRESENT LAW<br /> <br /> Present law provides the following:<br /> <br /> (1) Except as provided in (3), a local board of education, charter school, and any child care program must require that prior to employment, and at least every five years thereafter, a person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program agree to: the release of all investigative records for the purpose of verifying the accuracy of criminal violation information; and supply a fingerprint sample and submit to a criminal history records check to be conducted by the TBI and FBI; <br /> <br /> (2) Any reasonable costs incurred by the TBI in conducting the investigation of an applicant must be paid by the applicant the first time the applicant applies for a position with a local board or child care program. The applicant must be given a copy of all criminal history records check documentation provided to the local board or child care program to which the applicant first applies. In lieu of additional criminal history records checks for subsequent applications, the applicant may submit copies of the applicant's initial criminal history records check documentation and must not be required to pay any additional costs. A local board or child care program may reimburse the applicant for the costs of investigation if the applicant accepts a school personnel position. Any local board of education or child care program may establish a policy authorizing payments for investigations of an applicant who provides school maintenance, clean up, food service and other such functions other than administrative or teaching functions or duties. A local board of education or child care program may pay for an investigation of the applicant regardless of whether the applicant accepts an offer for employment with the board of education or child care program; and<br /> <br /> (3) Upon Tennessee's acceptance into the FBI rap back program, a local board, charter school, and any child care program must conduct a state and national criminal background check on the personnel identified above in (1) and must participate in the rap back program to determine suitability or fitness for employment. The local board, charter school, or child care program must notify applicants and employees that the TBI may charge a fee for this criminal background check.<br /> <br /> THIS BILL<br /> <br /> This bill adds the following requirements to present law:<br /> <br /> (A) This bill requires the department of education to pay all costs associated with each criminal history records check conducted by the Tennessee bureau of investigation and the federal bureau of investigation pursuant to (1) or (3) above for each person employed by an LEA who holds a position as a teacher or any other position requiring proximity to school children or to children in a child care program that is conducted after the initial investigation required prior to the person's employment; and<br /> <br /> (B) In regard to (2) above, this bill adds that the department must reimburse each person employed by an LEA who holds a position as a teacher or any other position requiring proximity to school children or to children in a child care program, and who has held such a position in this state for three years, the costs associated with the initial investigation required prior to the person's employment if the costs were not reimbursed or paid by a local board of education pursuant to (2) above. The three years of service do not have to be three consecutive years of service or three years of service provided at the same LEA.<br /> <br />