HF 2020

as introduced - 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, subdivision 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 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, 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 the failure to prevent or failure to institute safeguards
to prevent access, use, retention, or dissemination of information in violation of the
security and management control outsourcing standard.
new text end

Sec. 2.

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 handling of criminal history record information. new text end

new text begin (a)
For purposes of this section, a school hiring authority may contract with a third party to
conduct background checks required in subdivision 1. Prior to engaging in such contract
the school hiring authority shall:
new text end

new text begin (1) request and receive written permission from the state compact officer as defined
in section 299C.58, article I, paragraph (2), item (B);
new text end

new text begin (2) provide the state compact officer a copy of the contract; and
new text end

new text begin (3) inquire of the state compact officer whether a prospective contractor has any
security violations.
new text end

new text begin (b) The contract shall specifically describe the purposes for which the background
check information may be made available and shall incorporate by reference a security
and management control outsourcing standard approved by the state compact officer.
new text end