Schools would check work histories for jobs involving student contact

Schools would collect work histories and abuse-related disclosures, contact listed employers, and seek further details about disclosed concerns before continuing an application. The rules would cover paid roles with regular student contact at public schools and approved or accredited private and religious schools. Applicants would list their current employer and former schools and employers involving direct child contact from the preceding 20 years. Applicants would disclose abuse reports except those found false or unsubstantiated, plus job or license actions tied to pending allegations or findings of abuse, neglect, or sexual misconduct. Applicants would authorize employers to release relevant records and release them from liability for those disclosures. Temporary hiring would require completed applicant disclosures, no known concern requiring disclosure, and special or emergency circumstances. Temporary employment or contracted work could last no more than 90 days while the school reviews the information.

Applicants who deliberately provide false information or omit required information could lose a job or offer, face a licensing report, or receive a civil fine up to $500. Schools would warn applicants about penalties on applications for roles with regular student contact. Schools could immediately dismiss workers or withdraw offers when later-discovered abuse or sexual misconduct information leads the school to find them unfit for employment. Dismissals under this power would bypass grievance, appeal, and tenure procedures in collective bargaining or negotiated agreements. The immediate dismissal and offer-withdrawal power would apply to people offered employment or starting employment or contracted services after the act's effective date.

Schools would answer covered requests for applicant records as soon as practical. The State Department of Education would run an awareness campaign and publish guidance. The response duty would cover school boards and governing authorities receiving requests under these rules from another school board or board of education. Information schools receive under these rules would not be available through public-record requests. Employers sharing information would have protection from criminal and civil liability unless they knowingly provided false information or records.

Schools could not make agreements or take actions that hide investigation information, interfere with reporting suspected abuse or sexual misconduct, or require improper removal of records. These restrictions would cover public schools and approved or accredited private and religious schools, including information about current or former employees. Agreements could require removal of allegation or finding records if an investigation found the allegations false or unsubstantiated. Conflicting terms in employment, resignation, termination, or severance agreements entered into, amended, or renewed after the effective date would be unenforceable. Restrictions on agreements and actions would apply on or after the act's effective date. The proposal gives no calendar effective date.