Anyone hiring or placing a preschool teacher in a licensed child care setting is working inside a layered system of background check rules. A federal floor applies to any program that receives Child Care and Development Fund (CCDF) assistance, a separate federal rule applies to Head Start and Early Head Start, and each state licensing agency adds its own fingerprinting, registry, and timing requirements on top. The result is not one national standard but a baseline that every state must at least meet, plus state specific details that change who gets checked, how fast a result is needed, and what a preschool can do while a check is still pending.
This guide walks through what federal law requires, how Head Start’s rule differs, what typically disqualifies a candidate, and how two states have built out their own process on top of the federal baseline.
The federal baseline: 45 CFR 98.43
Programs that are licensed, regulated, or registered and that receive Child Care and Development Block Grant (CCDBG) funding are governed by 45 CFR 98.43, the federal criminal background check rule for child care staff. The rule defines a “child care staff member” broadly: anyone employed by or contracted with a provider whose duties involve caring for or supervising children, or who has unsupervised access to children, including directors, teachers, and even residents of a home based program who are 18 or older.
Under the rule, a complete background check has three parts. It must include a Federal Bureau of Investigation fingerprint check, a search of the National Crime Information Center’s National Sex Offender Registry, and a search of the criminal registry, sex offender registry, and child abuse and neglect registry in the state where the staff member currently lives and in every state where the person lived during the preceding five years. Fingerprints are required for the state criminal registry search in the person’s current state of residence, and optional for other states checked.
The U.S. Department of Health and Human Services’ consumer facing summary of this rule confirms the same four components and adds that a check must happen before a staff member is hired and then at least once every five years, and that the requirement reaches directors, teachers, volunteers with unsupervised access, and contractors such as therapists who work inside the program.
Disqualifying offenses under the federal rule
Section 98.43(c) sets the floor for who must be found ineligible. A state, territory, or tribe must disqualify a prospective or current preschool staff member who refuses to consent to the check, who lies on the background check paperwork, who is listed on a state or national sex offender registry, or who has been convicted of a felony involving murder, child abuse or neglect, a crime against children including child pornography, spousal abuse, rape or sexual assault, kidnapping, arson, or physical assault or battery. A felony drug offense committed within the preceding five years and a violent misdemeanor committed as an adult against a child also disqualify someone under the federal rule.
States are free to add more disqualifying offenses than the federal list requires, and the rule itself says nothing in it prevents a state from screening out convictions that “bear upon the fitness of an individual to provide care for and have responsibility for the safety and well being of children,” even when those convictions are not on the federal list. That is one reason the same criminal history can be treated differently in two states.
Head Start preschools follow a related but separate rule
Head Start and Early Head Start programs are not governed by 45 CFR 98.43. They follow their own personnel policy rule, 45 CFR 1302.90, which covers employees, contractors, and consultants, including transportation staff. Before hiring, a Head Start program must interview the candidate, verify references, run a sex offender registry check, and obtain either a state or tribal criminal history record or an FBI criminal history record, each including fingerprints. The program then has 90 days after hire to complete whichever of those two records checks it did not obtain up front, plus a child abuse and neglect state registry check where one is available.
A newly hired Head Start employee, consultant, or contractor cannot have unsupervised access to children until that full background check process is finished, and the complete four part check has to be repeated at least once every five years unless the program can show federal officials it already runs an equally protective system. Head Start programs apply the same federal disqualification factors referenced in the child care statute when deciding whether a flagged applicant can be hired or must be terminated.
Can a preschool teacher start working while the check is pending
The federal CCDBG rule allows a narrow provisional start. Once a prospective staff member gets a qualifying result on the FBI fingerprint check or on the fingerprint based state criminal registry check in the state where the person lives, that person may begin work while the rest of the required searches finish. Until every component of the check is complete, though, the person must be supervised at all times by someone who already has a qualifying background check result from within the past five years.
Head Start’s rule is stricter on this point: a new hire has no unsupervised access to children at all until the complete background check process is done, not just a partial result. State licensing agencies can also be stricter than the federal floor, and some are. California’s child care licensing program, for example, does not permit any provisional presence: once fingerprints turn up a criminal record, “the individual can not be present (work, reside, or volunteer) in the facility” until the state’s Care Provider Management Branch grants an exemption, a process described on the California Department of Social Services background check process page.
How two states layer their own process on top of the federal rule
Every state’s child care licensing agency administers its own fingerprinting and clearance process to meet or exceed the federal floor. The table below compares the federal baseline with California and Florida as two examples. State rules change, so anyone hiring should confirm current requirements with the relevant state licensing agency rather than relying on this table alone.
| Program or state | Core checks required | Work allowed while pending | Recheck interval |
|---|---|---|---|
| Federal CCDBG floor (45 CFR 98.43) | FBI fingerprint check, National Sex Offender Registry, state criminal registry, state sex offender registry, state child abuse and neglect registry | Supervised work allowed after a qualifying fingerprint result, pending the remaining searches | At least once every five years |
| Head Start and Early Head Start (45 CFR 1302.90) | Interview, reference check, sex offender registry check, state or FBI criminal history with fingerprints, child abuse and neglect registry check | No unsupervised access to children until the full check is complete, within 90 days of hire | At least once every five years |
| California licensed child care (CDSS) | Live Scan fingerprinting through the Department of Justice, criminal history review, exemption process for flagged records | Not permitted; the person cannot work, reside, or volunteer until an exemption is granted | Ongoing, with subsequent arrest notification to the state |
| Florida licensed child care (DCF) | Level 2 background screening under Chapter 435, Florida Statutes, covering state and national criminal history and child abuse and neglect checks | Governed by state statute and program specific guidance | Set by state rescreening schedule |
Florida’s Department of Children and Families describes its program as running Level 2 background screening that includes a national criminal history review, noting that out of state criminal history review is itself a federal requirement layered into the state’s process. Details specific to child care licensing are addressed on the department’s background screening page.
What this means for hiring and compliance
A preschool or child care center that relies on its state licensing agency to run fingerprint based checks is operating inside that state’s regulatory process, not the Fair Credit Reporting Act. But many preschools also order a separate background report from a consumer reporting agency for parts of the hiring decision that licensing does not cover, such as employment history or a broader multi state criminal search. When that happens, standard FCRA employer duties apply: a standalone disclosure, written authorization from the candidate, a pre-adverse action notice with a copy of the report and a copy of the Summary of Rights before taking any adverse action, and a final adverse action notice if the employer proceeds with it. A background check does not show every record in every state, and what a report surfaces depends on state law, retention rules, and the sources a screening company searches, so employers should not assume any particular record will or will not appear.
When a criminal record does turn up, whether through a state licensing check or a third party report, employers generally should not treat a conviction as an automatic bar unless the federal or state disqualification list requires it. Many states, including under the federal rule’s own review process, allow some path to assess an older or less relevant conviction consistent with Title VII of the Civil Rights Act of 1964. Employers evaluating a flagged record may be able to weigh the nature of the offense, how long ago it occurred, and its relevance to working with children, and should consult counsel on how the Americans with Disabilities Act and Equal Employment Opportunity Commission guidance apply to a specific case rather than relying on a blanket rule.
Families and small home based providers evaluating a nanny for preschool age children face a different process than a licensed center does; our guide to nanny background checks covers what a private household can reasonably run. Public school teacher aides who support pre-K classrooms follow a K-12 specific fingerprinting process, which our paraprofessional background check guide explains in more detail.
Frequently asked questions
Does every preschool teacher need an FBI fingerprint check?
Anyone working as a child care staff member in a program covered by the CCDBG rule needs an FBI fingerprint check under 45 CFR 98.43. Head Start programs require a state or FBI fingerprint based criminal history check under a separate rule. State licensing law can require fingerprinting for additional programs beyond what federal law covers, so the exact scope depends on the state and the type of preschool.
How often does a preschool background check need to be redone?
Federal law sets a floor of at least once every five years for both the CCDBG rule and the Head Start personnel rule. A state can require rechecks more often, and some states also require providers to report new arrests between scheduled checks.
Can a preschool teacher start working before the background check is finished?
It depends on which rule applies. The federal CCDBG rule allows supervised provisional work once an initial fingerprint result qualifies, while the rest of the check is completed. Head Start requires no unsupervised access until the complete check is done. Some states, including California, do not allow any provisional work once a criminal record is found, pending an exemption decision.
Is the Head Start background check the same as the CCDBG background check?
No. Head Start and Early Head Start programs follow 45 CFR 1302.90, a personnel policy rule separate from the CCDBG rule in 45 CFR 98.43. Both require similar components, including fingerprint based criminal history and a sex offender registry check, and both require a recheck at least once every five years, but they are administered under different federal authorities.
What disqualifies someone from working in a licensed preschool?
Under federal law, refusing the background check, lying on the paperwork, appearing on a sex offender registry, or having specific felony convictions, including child abuse, crimes against children, rape or sexual assault, kidnapping, arson, or a recent drug felony, generally disqualifies a candidate. States can add offenses beyond this federal list, so a state specific review is still necessary.
Does a criminal record automatically mean someone cannot work in a preschool?
Not always. Outside the specific offenses that federal or state law treats as an automatic bar, some review and appeal processes exist, and employers evaluating a flagged record may be able to consider its nature, age, and relevance to the job. Employers should consult counsel on how the Americans with Disabilities Act and Equal Employment Opportunity Commission standards apply before making a final decision.
Preschools and child care programs that want a compliant process for the parts of hiring that state licensing does not already cover can start at Reveal Background.
This article is general information, not legal advice. Background check and child care licensing rules vary by state and change over time, so employers and programs should confirm current requirements with their state licensing agency or legal counsel.
