Present law authorizes local boards of education to adopt a policy that excuses a student from school to attend a released time course in religious moral instruction for no more than one class period per school day. Instructors of released time courses are hired by the independent entity that sponsors the course. This bill adds requirements that a person holding a position with an independent entity as a released time course instructor or any other position requiring proximity to students attending the released time course: (1) Submit to a TBI criminal history records check; and (2) Agree to permit the TBI to release the results of the criminal history records check to the independent entity conducting the released time course, which must in turn release all such criminal history records checks to the LEA. This bill requires an LEA that excuses a student from school to attend a released time course to do the following: (1) Require an independent entity that teaches a released time course that a student of the LEA attends to agree that no person holding a position with the independent entity is permitted to be in proximity to children attending the released time course, unless the person submits to a TBI criminal history records check; and (2) Review the results of a criminal history records check that are released to the LEA by the independent entity, and notify the parents or guardians of students who attend a released time course of whether the criminal history records check indicate that the subject of the criminal history records check has not been convicted of an offense for which the state board of education is required to revoke an educator's license. ON APRIL 7, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1332, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that, before excusing a student from school to attend a released time course in religious moral instruction during the 2025-2026 school year and each school year thereafter, all of the following criteria must be met:  The independent entity must identify each released time course instructor, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course.  Each released time course instructor for the independent entity, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course, must comply with all of the following:  Submit to a criminal history background check prior to the beginning of the 2025-2026 school year or prior to becoming a released time course instructor or holding a position with the independent entity requiring proximity to students participating in a released time course and at least every five years thereafter.  Release the results of the individual's criminal history records check to the independent entity for examination for purposes of verifying that the individual has not been convicted of an offense that subjects an educator to automatic revocation of their license as an educator.  The independent entity must certify to the LEA in writing all of the following:  That each released time course instructor for the independent entity, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course, has complied with the requirements described above.  That no released time course instructor for the independent entity, or any other person holding a position with the independent entity requiring proximity to students participating in a released time course, has been convicted of an offense that subjects an educator to automatic revocation of their license as an educator.

Statutes affected:
Introduced: 49-2-130