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128 STAT. 1993 PUBLIC LAW 113–186—NOV. 19, 2014 ‘‘(B) INELIGIBLE STAFF MEMBER.—If the child care staff member is ineligible for such employment due to the back- ground check, the State will, when providing the results of the background check, include information related to each disqualifying crime, in a report to the staff member or prospective staff member. ‘‘(C) PUBLIC RELEASE OF RESULTS.—No State shall pub- licly release or share the results of individual background checks, except States may release aggregated data by crime as listed under subsection (c)(1)(D) from background check results, as long as such data is not personally identifiable information. ‘‘(3) APPEALS.— ‘‘(A) IN GENERAL.—The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the informa- tion contained in such member’s criminal background report. ‘‘(B) APPEALS PROCESS.—The State shall ensure that— ‘‘(i) each child care staff member shall be given notice of the opportunity to appeal; ‘‘(ii) a child care staff member will receive instruc- tions about how to complete the appeals process if the child care staff member wishes to challenge the accuracy or completeness of the information contained in such member’s criminal background report; and ‘‘(iii) the appeals process is completed in a timely manner for each child care staff member. ‘‘(4) REVIEW.—The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) dis- qualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwith- standing subsection (c). The review process shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). ‘‘(5) NO PRIVATE RIGHT OF ACTION.—Nothing in this section shall be construed to create a private right of action if a provider has acted in accordance with this section. ‘‘(f) FEES FOR BACKGROUND CHECKS.—Fees that a State may charge for the costs of processing applications and administering a criminal background check as required by this section shall not exceed the actual costs to the State for the processing and adminis- tration. ‘‘(g) TRANSPARENCY.—The State must ensure that the policies and procedures under section 658H are published on the Web site (or otherwise publicly available venue in the absence of a Web site) of the State and the Web sites of local lead agencies. ‘‘(h) CONSTRUCTION.— ‘‘(1) DISQUALIFICATION FOR OTHER CRIMES.—Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their convic- tion for crimes not specifically listed in this section that bear upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children. Web posting. Public information. VerDate Sep 11 2014 13:40 Nov 10, 2020 Jkt 039194 PO 00002 Frm 00569 Fmt 6580 Sfmt 6581 G:\GSDD\STATUTES\2014\PT2\39194PT2.001 39194PT2 dkrause on LAP5T8D0R2PROD with DISTILLER (1)