(A) An individual hired by a local school district board of trustees to serve in any capacity in a public school in this State shall undergo a name-based South Carolina criminal record search conducted by the local school district using records maintained by the State Law Enforcement Division pursuant to regulations contained in subarticle 1, Article 3, Chapter 73 of the Code of Regulations. By August 1, 2010, a school district board of trustees shall adopt a written policy that specifies the required criminal record search as well as how the information received from the search impacts hiring decisions. The district policy must stipulate whether the district assumes the cost of the criminal record search or that the applicant assumes the cost. The policy must include, at a minimum, a prohibition of hiring individuals convicted of violent crimes as defined in Section 16-1-60 and hiring recommendations relative to felony convictions and relevant just-cause examples provided in Section 59-25-160. The South Carolina Law Enforcement Division, working with the Department of Education, shall provide training to appropriate school district personnel regarding appropriate use of the information provided in criminal record searches.
(B) Each school district of this State shall perform a National Sex Offender Registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students. The South Carolina Law Enforcement Division, working with the Department of Education, shall provide training to appropriate district personnel on the appropriate uses of the database. By August 1, 2010, the district board of trustees shall adopt a written policy that specifies the sex offender registry check as well as how information received from the search impacts hiring decisions. The policy must include, at a minimum, a prohibition of hiring individuals required to register as sex offenders pursuant to Section 23-3-430.
HISTORY: 2010 Act No. 168, Section 1, eff May 11, 2010.
Structure South Carolina Code of Laws
Section 59-19-10. School district management.
Section 59-19-20. Composition of boards of school trustees; terms.
Section 59-19-30. Appointment of members.
Section 59-19-40. Appointment of members; special provisions not superseded by Section 59-19-30.
Section 59-19-50. Appointment and term of trustees for consolidated districts.
Section 59-19-60. Removal of trustees; vacancies.
Section 59-19-70. Chairman and clerk of board.
Section 59-19-80. Requirements as to purchases and teacher employment.
Section 59-19-90. General powers and duties of school trustees.
Section 59-19-95. Implementation of student promotion policy.
Section 59-19-97. Evaluation system for continuing contract teachers.
Section 59-19-110. Rule-making power.
Section 59-19-117. District employee background checks.
Section 59-19-120. Rules and regulations governing use of school buildings.
Section 59-19-125. Leasing school property for particular purposes.
Section 59-19-130. Acquisition of supplies and equipment.
Section 59-19-140. Rules and regulations governing use of equipment.
Section 59-19-150. Maintenance of equipment.
Section 59-19-160. Gifts to school district; bond as prerequisite to receipt.
Section 59-19-170. Acceptance and holding of property by trustees.
Section 59-19-180. Purchase of lands by trustees.
Section 59-19-200. Condemnation of lands by trustees.
Section 59-19-250. Sale or lease of school property by trustees.
Section 59-19-260. Trustees authorized to insure motor vehicles.
Section 59-19-270. Trustees may employ medical, technical, and clerical personnel.
Section 59-19-280. Trustees may be members of School Boards Association.
Section 59-19-290. Contracts in excess of apportioned funds void.
Section 59-19-300. Propriety of trustee's receiving pay as teacher.
Section 59-19-310. Exercising office of trustee after termination of office.
Section 59-19-315. Commencement of trustee's term of office.
Section 59-19-320. Trustees may cross bridge or ferry free of charge.
Section 59-19-330. Annual report of trustees of certain special and graded school districts.
Section 59-19-340. Child development programs for three and four-year-old children.
Section 59-19-350. Schools of innovation exempt from applicable state statutes and regulations.
Section 59-19-510. Right to appeal to county board of education; petition.
Section 59-19-540. Hearing; appearance of parties and evidence.
Section 59-19-550. Order of board of education; service on parties.
Section 59-19-560. Appeal to court of common pleas.
Section 59-19-570. Appeal shall not act as supersedeas.
Section 59-19-580. Appeal from decision to operate or not to operate school.