HB175: HB175 Education; employee comprehensive background checks for early care and education programs and Head Start programs; revise provisions

25 LC 49 2064/AP House Bill 175 (AS PASSED HOUSE AND SENATE) By: Representatives Jones of the 25th, Erwin of the 32nd, Dubnik of the 29th, Wilkerson of the 38th, and Dempsey of the 13th A BILL TO BE ENTITLED AN ACT To amend Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early1 care and learning, so as to revise provisions regarding employee comprehensive background2 checks for early care and education programs and Head Start pro grams; to provide for3 definitions; to provide for revocation and nonissuance of licenses and commissions for early4 care and education programs; to provide for related matters; to provide for an effective date;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early care and9 learning, is amended by adding a new paragraph to Code Section 20-1A-2, relating to10 definitions, to read as follows:11 "(8.1) 'Head Start program' means any program authorized under the federal Head Start12 Act, 42 U.S.C. Section 9801, et seq. "13 H. B. 175 - 1 - 25 LC 49 2064/AP SECTION 2.14 Said chapter is further amended by revising paragraph (1) of Code Section 20-1A-30, relating15 to definitions, as follows:16 "(1) 'Comprehensive records check determination' means a satisfactory or unsatisfactory17 determination by the department, based upon a Federal Bureau of Investigation18 fingerprint check, a search of the National Crime Information C enter's National Sex19 Offender Registry, criminal history records check, including fingerprint check; a search20 of one or more available and appropriate child abuse and sex of fender registries,21 repositories, or data bases as provided by rules and regulation s promulgated by the22 department; and a search of the following registries, repositories, or data bases in the state23 where the actual or potential employee or director resides and in each state where such24 individual resided during the preceding five years: criminal registry or repository, with25 the use of fingerprints being required in the state where the i ndividual resides and26 optional in other states; state sex offender registry or reposi tory; and state based child27 abuse and neglect registry and data base."28 SECTION 3.29 Said chapter is further amended by revising subsection (a) of C ode Section 20-1A-34,30 relating to check of fingerprints on national level, satisfacto ry determination prior to31 employment, additional records checks, and retention of fingerprints, as follows:32 "(a) The department shall receive a records check an application for a comprehensive33 records check determination , as may be required by the department and allowed under34 federal law, for any individual current or potential director, employee, or other individual35 affiliated with any program that receives, either directly or indirectly, federal funds through36 the department for the care of children, including, but not lim ited to, early care and37 education programs and Head Start programs that cares for children through a program38 that receives, either directly or indirectly, federal funds through the department for the care39 H. B. 175 - 2 - 25 LC 49 2064/AP of children. Upon receipt of such records check application, the department shall comply40 with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt41 of national fingerprint based criminal history reports. Such individuals directors,42 employees, and other affiliated individuals shall also submit all necessary applications,43 fees, and acceptable fingerprints to GCIC in order to determine the applicant's suitability44 for child care employment. If no criminal history record is identified at the state level, the45 applicant's fingerprints shall be forwarded by Georgia Bureau o f Investigation to the46 Federal Bureau of Investigation for a national criminal history check. The Georgia Bureau47 of Investigation shall forward the results of the state and Federal Bureau of Investigation48 checks to the department. Within ten days after receiving fingerprints acceptable to GCIC,49 the application, and fee, GCIC shall notify the department in w riting of any derogatory50 finding, including, but not limited to, any criminal record, of the state fingerprint records51 check or if there is no such finding. GCIC shall also conduct a search of Federal Bureau52 of Investigation records and fingerprints and notify the department in writing of the results53 of such search. Upon receipt of the bureau's report such results from the Georgia Bureau54 of Investigation , the department shall make a national fingerprint records chec k55 determination determine the applicant's suitability for child care employmen t. If the56 fingerprint records check determination is unsatisfactory for a n individual a director,57 employee, or other affiliated individual, the department shall notify the provider and the58 director, employee, or other affiliated individual of such determination in writing, and no59 such individual director, employee, or other affiliated individual shall be allowed to be60 present at the facility when any child is present for care or to reside in the facility until he61 or she either has obtained a satisfactory comprehensive records check determination or has62 had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43,63 notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either64 directly or indirectly, to any individual director, employee, or other affiliated individual or65 H. B. 175 - 3 - 25 LC 49 2064/AP program that willfully and continually fails to comply with the requirements of this Code66 section."67 SECTION 4.68 Said chapter is further amended by revising Code Section 20-1A- 39, relating to potential69 employees, current employees and directors, comprehensive recor ds check requirements,70 satisfactory determination, and liability for hiring ineligible employee, as follows:71 "20-1A-39.72 (a) Before a person may become an employee of any early care a nd education program73 after that early care and education such program has received a license or commission, that74 early care and education s u c h program shall require that such person to obtain a75 comprehensive records check determination that is satisfactory. All potential employees,76 excluding students currently enrolled in an early education cur riculum through an77 accredited school of higher education, may submit evidence, satisfactory to the department,78 that the potential employee received a comprehensive records check determination that is79 satisfactory and that includes a records check clearance date that is no more than 12 months80 old, notwithstanding Code Section 20-1A-45, or that any potenti al employee whose81 comprehensive records check revealed a criminal record of any k ind has either82 subsequently received a comprehensive records check determination that is satisfactory or83 has had the unsatisfactory determination reversed in accordance w i t h C o d e S e c t i o n84 20-1A-43, notwithstanding Code Section 20-1A-45. A student cur rently enrolled in an85 early education curriculum through an accredited school of higher education may submit86 evidence, satisfactory to the department, that the student received a comprehensive records87 check determination that is satisfactory and that includes a re cords check clearance date88 that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such89 student whose comprehensive records check determination revealed a criminal record of90 any kind has either subsequently received a comprehensive records check determination91 H. B. 175 - 4 - 25 LC 49 2064/AP that is satisfactory or has had the unsatisfactory determination reversed in accordance with92 Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or93 commissioned early care and education program shall maintain do cumentation in the94 employee's personnel file, which is shall be available to the department upon request,95 which reflects that a comprehensive records check determination that is satisfactory was96 received before the employee is eligible to be present at a facility while children are present97 for care or to reside in a facility. If the comprehensive records check determination for any98 potential employee reveals a criminal record of any kind, such potential employee shall be99 ineligible to be present at a facility while children are prese nt for care or to reside in a100 facility until such potential employee has either obtained a comprehensive records check101 determination that is satisfactory or has had the unsatisfactor y comprehensive records102 check determination reversed in accordance with Code Section 20-1A-43, notwithstanding103 Code Section 20-1A-45. If the comprehensive records check dete rmination is104 unsatisfactory, the licensed or commissioned early care and education program shall, after105 receiving notification of such unsatisfactory determination, take such immediate steps as106 are necessary so that such person is no longer present at the f acility while children are107 present for care and no longer resides in the facility. The de partment shall revoke the108 license or commission of an early care and education program if the early care and109 education such program fails to comply with the requirements of this Code section. The110 time frames set forth in this subsection shall not apply when fingerprints have been retained111 by the department due to its participation in the program descr ibed in subparagraph112 (a)(1)(F) of Code Section 35-3-33.113 (b) Effective January 1, 2019, every Each employee and director of any licensed or114 commissioned early care and education program shall undergo additional comprehensive115 records check determinations such that the time between such additional comprehensive116 records check determinations and that employee's or director's previous comprehensive117 records check determination shall not exceed five years except when fingerprints have been118 H. B. 175 - 5 - 25 LC 49 2064/AP retained by the department due to its participation in the prog ram described in119 subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45. 120 The early care and education program shall maintain documentati on in the appropriate121 personnel file, which is shall be available to the department immediately upon request,122 indicating that such person has obtained such current comprehen sive records check123 determination that is satisfactory or has had an unsatisfactory comprehensive records check124 determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code125 Section 20-1A-45. The department shall revoke the license or commission of an early care126 and education program if the early care and education such program fails to comply with127 the requirements of this Code section.128 (c) A license or commission shall be subject to revocation revoked and the department129 may shall refuse to issue a license or commission to an early care and education program130 if a director or employee of such program does not undergo the comprehensive records131 check determination applicable to that such director or employee and receive acceptable132 determinations.133 (d) After the issuance of a license, commission, or permit, th e department may require134 additional comprehensive records check determinations on any director or employee of an135 early care and education program when the department has reason to believe the that such136 director or employee has a criminal record that renders the such director or employee137 ineligible to have contact with children in the early care and education program, or during138 the course of a child abuse investigation involving the such director or employee.139 (e) No licensed or commissioned early care and education program may allow any person140 to be present at a facility while children are present for care or to reside in a facility as a141 director or an employee of such program unless there is on file in the early care and142 education with such program an employment history and a satisfactory comprehensive143 records check determination or proof that an unsatisfactory det ermination has been144 reversed in accordance with Code Section 20-1A-43, notwithstand ing Code Section145 H. B. 175 - 6 - 25 LC 49 2064/AP 20-1A-45. The department shall revoke the license or commission of any early care and146 education program if the early care and education such program fails to comply with the147 requirements of this Code section.148 (f) A license holder, commission holder, permit holder, or dir ector of a licensed,149 commissioned, or permitted early care and education program that allows an employee or150 director about whom such license holder, commission holder, per mit holder, or director151 knows or should reasonably know to have a criminal record that renders the such employee152 or director ineligible to have contact with children to be present at a facility while children153 are present for care or to reside in a facility shall be guilty of a misdemeanor."154 SECTION 5.155 This Act shall become effective on July 1, 2025.156 SECTION 6.157 All laws and parts of laws in conflict with this Act are repealed.158 H. B. 175 - 7 -