D. Personnel required to be fingerprinted or obtain a fingerprint clearance card as prescribed in subsection A of this section shall certify on forms that are provided by the school and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction, including a charge or conviction that has been vacated, set aside or expunged:

1. 1. Sexual abuse of a minor.
2. 2. Incest.
3. 3. First or second degree murder.
4. 4. Kidnapping.
5. 5. Arson.
6. 6. Sexual assault.
7. 7. Sexual exploitation of a minor.
8. 8. Felony offenses involving contributing to the delinquency of a minor.
9. 9. Commercial sexual exploitation of a minor.
10. 10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.
11. 11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
12. 12. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
13. 13. Burglary in the first degree.
14. 14. Burglary in the second or third degree.
15. 15. Aggravated or armed robbery.
16. 16. Robbery.
17. 17. A dangerous crime against children as defined in section 13-705.
18. 18. Child abuse.
19. 19. Sexual conduct with a minor.
20. 20. Molestation of a child.
21. 21. Manslaughter.
22. 22. Aggravated assault.
23. 23. Assault.
24. 24. Exploitation of minors involving drug offenses.

E. A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction. A school district that is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated. In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15-534, subsection C. In considering whether to hire or terminate the employment of a person, the governing board shall take into account the following factors:

1. 1. The nature of the crime and the potential for crimes against children.
2. 2. Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court.
3. 3. Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted.
4. 4. The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person.
5. 5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.

L. A school district may hire noncertificated personnel before receiving the results of the fingerprint check or a fingerprint clearance card but may terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check or the fingerprint clearance card. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, a school district may hire noncertificated personnel who are required or allowed unsupervised contact with pupils before the results of a fingerprint check are received or a fingerprint clearance card is issued if the school district does all of the following:

1. 1. Documents in the applicant's file the necessity for hiring and placing the applicant before a fingerprint check could be completed or a fingerprint clearance card could be issued.
2. 2. Ensures that the department of public safety completes a statewide criminal history information check on the applicant every one hundred twenty days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
3. 3. Obtains references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.
4. 4. Provides general supervision of the applicant until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
5. 5. Reports to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check or the issuance of a fingerprint clearance card. In addition, the school district shall report the number of applicants for whom fingerprint checks were not received or fingerprint clearance cards were not issued after one hundred twenty days and after one hundred seventy-five days of hire.