Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
chapter
General Procedures for Licensure and Background Checks [8 VAC 20 ‑ 821]
Action Adopt New Standards for the General Procedures and Information for Licensure
Stage Proposed
Comment Period Ends 11/8/2024
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9/9/24  8:54 am
Commenter: Anonymous

Background Check Clarifcation
 

The regulations state: 

"A child day program or family day system shall keep background check records at its place of business for at least two years after the background check is required, unless federal or state law or regulation requires the records to be kept for longer..."


This is confusing as these regulations ARE our state regulations. Additionally, we have to do background checks every 5 years, so does that mean the that for years 3-5, we do not have to keep a copy on file? If the regulation means that we need to keep the copy for 2 years AFTER the 5 year window, that should be better explained. It should read more as "a copy of the background check must remain on file for 2 years after its experation or employees termination. 

Also, some clarification on what to do with the background checks inbetween would be helpful. For example, if I have a staff memeber that is with us for 15 years, thats 3 background checks... do I need to keep all 3 on file?  

CommentID: 227739