Vermont Statutes Title 16 Sec. 256
Terms Used In Vermont Statutes Title 16 Sec. 256
- Criminal record: means the record of:
- Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- School district: means , unless the context otherwise clearly requires, a school district or a supervisory union. See
- Secretary: means the Secretary of Education. See
- State Board: means the State Board of Education established by chapter 3 of this title. See
- Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
- User agreement: means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy. See
§ 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.)