HF 2955

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; amending school background check requirements;
amending Minnesota Statutes 2006, section 123B.03, subdivisions 2, 3, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Conditional hiring; discharge deleted text end new text begin Effect of background check new text end .

new text begin (a) new text end A school
hiring authority may hire an individual pending completion of a background check under
subdivision 1 but shall notify the individual that the individual's employment may be
terminated based on the result of the background check. A school hiring authority is not
liable for failing to hire or for terminating an individual's employment based on the result
of a background check under this section.

new text begin (b) An individual must be informed by the school hiring authority if the individual's
application to be an employee or volunteer in the district has been denied as a result
of a background check conducted under this section. The school hiring authority must
also inform an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result of a
background check conducted under this section.
new text end

Sec. 2.

Minnesota Statutes 2006, section 123B.03, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section:

(a) "School" means a school as defined in section 120A.22, subdivision 4, except
a home school, and includes a school receiving tribal contract or grant school aid under
section 124D.83; school, for the purposes of this section, also means a service cooperative,
a special education cooperative, or an education district under Minnesota Statutes 1997
Supplement, section 123.35, a charter school under section 124D.10, new text begin an intermediate
school district under section 136D.01, new text end and a joint powers district under section 471.59.

(b) "School hiring authority" means the school principal or other person having
general control and supervision of the school.

new text begin (c) "Security violations" means failing to prevent or failing to institute safeguards
to prevent the access, use, retention, or dissemination of information in violation of the
security and management control outsourcing standard established by the state compact
officer under section 299C.58, article I, paragraph (2)(B). A third-party contractor that has
engaged in security violations is ineligible to participate under this section and a school
hiring authority must not contract with such a contractor.
new text end

Sec. 3.

Minnesota Statutes 2006, section 123B.03, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Third-party contractors; responsibility for criminal history record
information. new text end

new text begin (a) For purposes of this section, a school hiring authority may contract with
an eligible third party to conduct the criminal history background check required under
subdivision 1. Before entering into the contract, the school hiring authority must:
new text end

new text begin (1) provide the state compact officer with the name of the proposed third-party
contractor and a copy of the proposed contract;
new text end

new text begin (2) determine from the state compact officer whether the proposed contractor has
engaged in security violations; and
new text end

new text begin (3) request and receive permission from the state compact officer to enter into the
contract with the proposed contractor.
new text end

new text begin (b) The contract must specify the purposes for which the background check
information may be made available and shall incorporate into the contract by reference
the management control outsourcing standard under subdivision 3, paragraph (c). A
third-party contractor under this section is subject to section 13.05, subdivision 11.
new text end

new text begin (c) A school hiring authority must inform an individual who is the subject of a
criminal history background check that the individual has the right to request and obtain
from the school hiring authority a copy of the background check report. A school hiring
authority may charge the individual for the actual cost of providing a copy of the report.
An individual who is the subject of a criminal history background check has the right to
challenge the accuracy and completeness of any information contained in the background
check report, consistent with section 13.04, subdivision 4.
new text end