Title 17. Education

Chapter 1. General School Law

Part X-B. Early Learning Center Licensing

 

17:407.42          Criminal History Review

 

A. No person who has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C) shall directly or indirectly own, operate, or participate in the governance of an early learning center, or shall be hired by any early learning center as a volunteer or employee of any kind, including any therapeutic professionals, extracurricular personnel, and other independent contractors, or shall be hired by the department in a position whose duties include the performance of licensing inspections in early learning centers. 

 

B. (1) The State Board of Elementary and Secondary Education shall establish by regulation, requirements and procedures consistent with the provisions of R.S. 15:587.1 under which: 

 

<Text of subpar. (B)(1)(a) effective until the earlier of promulgation of rules for employment eligibility determinations for child care staff or September 30, 2017.> 

 

(a) The owner or operator of an early learning center may request information concerning whether or not any owner or volunteer, applicant, or employee of any kind including contractors, of an early learning center has been arrested for or convicted of or pled nolo contendere to any criminal offense. 

 

<Text of subpar. (B)(1)(a) effective upon the earlier of promulgation of rules for employment eligibility determinations for child care staff or September 30, 2017.> 

 

(a) The department shall request information concerning whether or not any owner or volunteer, applicant, or employee of any kind including contractors, of an early learning center has been arrested for or convicted of or pled nolo contendere to any criminal offense. The department may collect the processing fees charged by the Bureau of Criminal Identification and Information for a state criminal history report and the Federal Bureau of Investigation for a federal criminal history information report when it receives a request for an employment eligibility determination and shall timely submit the processing fees to the Bureau of Criminal Identification and Information. 

 

(b) The department may request information concerning whether or not an applicant or employee of the department in a position whose duties include the performance of licensing inspections has been arrested for or convicted of or pled nolo contendere to any criminal offense. 

 

(2) Included in this regulation shall be the requirement and the procedure for the submission of a person’s fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information prior to employment of such person. A person who has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information may be temporarily hired pending the report from the bureau as to any convictions of or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C). 

 

Added by Acts 2014, No. 868, § 2, eff. Oct. 1, 2014. Amended by Acts 2016, No. 646, § 2.