§ 256. Continued validity of criminal record check; maintenance of records
(a)(1) Anyone required to request a criminal record check under this subchapter about a person
who previously has undergone a check, regardless of whether the check was for student
teaching, licensure, or employment purposes, shall comply with that requirement by
acquiring the results of the previous criminal record check unless:
(A) the person refuses to authorize release of the information;
(B) the record no longer exists;
(C) since the record check, there has been a period of one year or more during which the
person has not worked for a Vermont school district or a recognized or an approved
independent school; or
(D) as otherwise required by this chapter.
(2) Anyone required to request a criminal record check under this subchapter about a person
who has previously undergone a check may request a name and date of birth or fingerprint-supported
recheck of the criminal record at any time during the course of the record subject’s
employment in the capacity for which the original check was required. Rechecking criminal
records may be accomplished through a subscription service.
(b) A superintendent or headmaster who receives criminal record or registry information
under this subchapter shall maintain the record or information pursuant to the user
agreement for maintenance of records. At the end of the time required by the user
agreement for maintenance of the information, the superintendent or headmaster shall
destroy the information in accordance with the user agreement unless the person authorizes
maintenance of the record. If authorized by the person, the superintendent or headmaster
shall:
(1) if the information is a notice of no criminal record, securely maintain the information
indefinitely; or
(2) if the information is a criminal record or notice of the existence of a criminal record,
send it to the Secretary for secure maintenance in a central records repository.
(c) Upon authorization by the person, the Secretary shall release information maintained
in the central records repository to a requesting superintendent or, in the case of
a requesting headmaster, to the person. The Secretary shall maintain the notice or
record in the repository at least until the person ceases working for a Vermont school
district or independent school for a period of one year or more or until the person
requests that the record be destroyed.
(d) The State Board may adopt rules regarding maintenance of records. (Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 6, eff. Dec. 31, 2010; 2013, No. 56, § 7, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 36, eff. Feb. 14, 2014.)