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 early
care and learning, so as to revise provisions regarding employee comprehensive background
checks for early care and education programs and Head Start programs; to provide for
definitions; to provide for revocation and nonissuance of licenses and commissions for early
care and education programs; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early care and
learning, is amended by adding a new paragraph to Code Section 20-1A-2, relating to
definitions, to read as follows:
"(8.1) 'Head Start program' means any program authorized under the federal Head Start
Act, 42 U.S.C. Section 9801, et seq. "
SECTION 2.
Said chapter is further amended by revising paragraph (1) of Code Section 20-1A-30, relating
to definitions, as follows:
"(1) 'Comprehensive records check determination' means a satisfactory or unsatisfactory
determination by the department, based upon a Federal Bureau of Investigation
fingerprint check, a search of the National Crime Information Center's National Sex
Offender Registry, criminal history records check, including fingerprint check; a search
of one or more available and appropriate child abuse and sex offender registries,
repositories, or data bases as provided by rules and regulations promulgated by the
department; and a search of the following registries, repositories, or data bases in the state
where the actual or potential employee or director resides and in each state where such
individual resided during the preceding five years: criminal registry or repository, with
the use of fingerprints being required in the state where the individual resides and
optional in other states; state sex offender registry or repository; and state based child
abuse and neglect registry and data base."
SECTION 3.
Said chapter is further amended by revising subsection (a) of Code Section 20-1A-34,
relating to check of fingerprints on national level, satisfactory determination prior to
employment, additional records checks, and retention of fingerprints, as follows:
"(a) The department shall receive a records check an application for a comprehensive
records check determination, as may be required by the department and allowed under
federal law, for any individual current or potential director, employee, or other individual
affiliated with any program that receives, either directly or indirectly, federal funds through
the department for the care of children, including, but not limited to, early care and
education programs and Head Start programs that cares for children through a program
that receives, either directly or indirectly, federal funds through the department for the care
of children. Upon receipt of such records check application, the department shall comply
with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt
of national fingerprint based criminal history reports. Such individuals directors,
employees, and other affiliated individuals shall also submit all necessary applications,
fees, and acceptable fingerprints to GCIC in order to determine the applicant's suitability
for child care employment. If no criminal history record is identified at the state level, the
applicant's fingerprints shall be forwarded by Georgia Bureau of Investigation to the
Federal Bureau of Investigation for a national criminal history check. The Georgia Bureau
of Investigation shall forward the results of the state and Federal Bureau of Investigation
checks to the department. Within ten days after receiving fingerprints acceptable to GCIC,
the application, and fee, GCIC shall notify the department in writing of any derogatory
finding, including, but not limited to, any criminal record, of the state fingerprint records
check or if there is no such finding. GCIC shall also conduct a search of Federal Bureau
of Investigation records and fingerprints and notify the department in writing of the results
of such search. Upon receipt of the bureau's report such results from the Georgia Bureau
of Investigation, the department shall make a national fingerprint records check
determination determine the applicant's suitability for child care employment. If the
fingerprint records check determination is unsatisfactory for an individual a director,
employee, or other affiliated individual, the department shall notify the provider and the
director, employee, or other affiliated individual of such determination in writing, and no
such individual director, employee, or other affiliated individual shall be allowed to be
present at the facility when any child is present for care or to reside in the facility until he
or she either has obtained a satisfactory comprehensive records check determination or has
had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43,
notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either
directly or indirectly, to any individual director, employee, or other affiliated individual or
program that willfully and continually fails to comply with the requirements of this Code
section."
SECTION 4.
Said chapter is further amended by revising Code Section 20-1A-39, relating to potential
employees, current employees and directors, comprehensive records check requirements,
satisfactory determination, and liability for hiring ineligible employee, as follows:
"20-1A-39.
(a) Before a person may become an employee of any early care and education program
after that early care and education such program has received a license or commission, that
early care and education such program shall require that such person to obtain a
comprehensive records check determination that is satisfactory. All potential employees,
excluding students currently enrolled in an early education curriculum through an
accredited school of higher education, may submit evidence, satisfactory to the department,
that the potential employee received a comprehensive records check determination that is
satisfactory and that includes a records check clearance date that is no more than 12 months
old, notwithstanding Code Section 20-1A-45, or that any potential employee whose
comprehensive records check revealed a criminal record of any kind has either
subsequently received a comprehensive records check determination that is satisfactory or
has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an
early education curriculum through an accredited school of higher education may submit
evidence, satisfactory to the department, that the student received a comprehensive records
check determination that is satisfactory and that includes a records check clearance date
that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such
student whose comprehensive records check determination revealed a criminal record of
any kind has either subsequently received a comprehensive records check determination
that is satisfactory or has had the unsatisfactory determination reversed in accordance with
Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or
commissioned early care and education program shall maintain documentation in the
employee's personnel file, which is shall be available to the department upon request,
which reflects that a comprehensive records check determination that is satisfactory was
received before the employee is eligible to be present at a facility while children are present
for care or to reside in a facility. If the comprehensive records check determination for any
potential employee reveals a criminal record of any kind, such potential employee shall be
ineligible to be present at a facility while children are present for care or to reside in a
facility until such potential employee has either obtained a comprehensive records check
determination that is satisfactory or has had the unsatisfactory comprehensive records
check determination reversed in accordance with Code Section 20-1A-43, notwithstanding
Code Section 20-1A-45. If the comprehensive records check determination is
unsatisfactory, the licensed or commissioned early care and education program shall, after
receiving notification of such unsatisfactory determination, take such immediate steps as
are necessary so that such person is no longer present at the facility while children are
present for care and no longer resides in the facility. The department shall revoke the
license or commission of an early care and education program if the early care and
education such program fails to comply with the requirements of this Code section. The
time frames set forth in this subsection shall not apply when fingerprints have been retained
by the department due to its participation in the program described in subparagraph
(a)(1)(F) of Code Section 35-3-33.
(b) Effective January 1, 2019, every Each employee and director of any licensed or
commissioned early care and education program shall undergo additional comprehensive
records check determinations such that the time between such additional comprehensive
records check determinations and that employee's or director's previous comprehensive
records check determination shall not exceed five years except when fingerprints have been
retained by the department due to its participation in the program described in
subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45.
The early care and education program shall maintain documentation in the appropriate
personnel file, which is shall be available to the department immediately upon request,
indicating that such person has obtained such current comprehensive records check
determination that is satisfactory or has had an unsatisfactory comprehensive records check
determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code
Section 20-1A-45. The department shall revoke the license or commission of an early care
and education program if the early care and education such program fails to comply with
the requirements of this Code section.
(c) A license or commission shall be subject to revocation revoked and the department
may shall refuse to issue a license or commission to an early care and education program
if a director or employee of such program does not undergo the comprehensive records
check determination applicable to that such director or employee and receive acceptable
determinations.
(d) After the issuance of a license, commission, or permit, the department may require
additional comprehensive records check determinations on any director or employee of an
early care and education program when the department has reason to believe the that such
director or employee has a criminal record that renders the such director or employee
ineligible to have contact with children in the early care and education program, or during
the course of a child abuse investigation involving the such director or employee.
(e) No licensed or commissioned early care and education program may allow any person
to be present at a facility while children are present for care or to reside in a facility as a
director or an employee of such program unless there is on file in the early care and
education with such program an employment history and a satisfactory comprehensive
records check determination or proof that an unsatisfactory determination has been
reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section
20-1A-45. The department shall revoke the license or commission of any early care and
education program if the early care and education such program fails to comply with the
requirements of this Code section.
(f) A license holder, commission holder, permit holder, or director of a licensed,
commissioned, or permitted early care and education program that allows an employee or
director about whom such license holder, commission holder, permit holder, or director
knows or should reasonably know to have a criminal record that renders the such employee
or director ineligible to have contact with children to be present at a facility while children
are present for care or to reside in a facility shall be guilty of a misdemeanor."
SECTION 5.
This Act shall become effective on July 1, 2025.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.