§ 254. Educator licensure; employment of superintendents
(a) The Secretary shall sign and keep a user agreement with the Vermont Crime Information
Center.
(b) The Secretary shall request and obtain from the Vermont Crime Information Center the
criminal record for any person applying for an initial license as a professional educator
or for reinstatement of a license that has lapsed pursuant to subdivision 256(a)(1)(C) of this title or for any person who is offered a position as superintendent of schools in Vermont.
(c) A request made under subsection (b) of this section shall be accompanied by a release
signed by the person on a form provided by the Vermont Crime Information Center, a
set of the person’s fingerprints, and a fee established by the Vermont Crime Information
Center that shall reflect the cost of obtaining the record. The fee shall be paid
by the applicant. The release form to be signed by the applicant shall include a statement
informing the applicant of:
(1) the right to challenge the accuracy of the record by appealing to the Vermont Crime
Information Center pursuant to rules adopted by the Commissioner of Public Safety;
and
(2) the Secretary of Education’s policy regarding maintenance and destruction of records
and the person’s right to request that the record or notice be maintained for purposes
of using it to comply with future criminal record check requests made pursuant to
section 256 of this title.
(d) Upon completion of a criminal record check required by subsection (b) of this section,
the Vermont Crime Information Center shall send to the Secretary either a notice that
no record exists or a copy of the record. If a copy of a criminal record is received,
the Secretary shall forward it to the person and shall inform the person in writing
of:
(1) the right to challenge the accuracy of the record by appealing to the Vermont Crime
Information Center pursuant to rules adopted by the Commissioner of Public Safety;
and
(2) the Secretary of Education’s policy regarding maintenance and destruction of records
and the person’s right to request that the record or notice be maintained for purposes
of using it to comply with future criminal record check requests made pursuant to
section 256 of this title.
(e) The Secretary shall request and obtain information from the Child Protection Registry
maintained by the Department for Children and Families and from the Vulnerable Adult
Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities,
Aging, and Independent Living (collectively, the Registries) for any person for whom
a criminal record check is required under subsection (b) of this section and shall
request updated information for any person seeking renewal of a professional educator’s
license. The Departments for Children and Families and of Disabilities, Aging, and
Independent Living shall adopt rules governing the process for obtaining information
from the Registries and for disseminating and maintaining records of that information
under this subsection. A person denied a license based upon information acquired under
this subsection may appeal the decision pursuant to subsection 1696(f) of this title.
(f) A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for an initial license as a professional educator,
renewal of a license, reinstatement of a lapsed license, or employment as a superintendent
of schools in Vermont under this section. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 182 (Adj. Sess.), § 18; 2009, No. 1, § 4, eff. Dec. 31, 2010; 2013, No. 56, § 6, eff. May 30, 2013; 2013, No. 119 (Adj. Sess.), § 12.)