HF 3270

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 12:37pm

A bill for an act
relating to education; expanding background check requirements for school
employees, volunteers, and contractors; requiring drug and alcohol testing;
amending Minnesota Statutes 2018, sections 13.43, subdivision 16; 123B.03,
subdivisions 1, 1a, by adding a subdivision; 181.951, subdivisions 4, 7.

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

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 16, is amended to read:

Subd. 16.

School district or charter school disclosure of violence or inappropriate
sexual contact.

The superintendent of (a) A school district or the superintendent's designee,
or a person having administrative control of a charter school, must release to a requesting
school district or charter school private personnel data on a current or former employee
related to acts of violence toward or sexual contact with a student, if: the employee's job
performance and disciplinary record if the requesting school district or charter school affirms
in writing that it has offered the employee an interview as part of its hiring process. Data
relating to the employee's job performance includes performance evaluations and records
related to any complaints or charges against the employee. The employee's disciplinary
record includes any investigation conducted by, or on behalf of, the school district or charter
school, law enforcement, or the commissioner of education, regardless of whether the
investigation resulted in any disciplinary action. The school district or charter school
providing the personnel data must inform the requesting school district or charter school
whether the subject of the information had an opportunity to review and contest the accuracy
and completeness of the personnel data before it was released.

(1) an investigation conducted by or on behalf of the school district or law enforcement
affirmed the allegations in writing prior to release and the investigation resulted in the
resignation of the subject of the data; or

(2) the employee resigned while a complaint or charge involving the allegations was
pending, the allegations involved acts of sexual contact with a student, and the employer
informed the employee in writing, before the employee resigned, that if the employee resigns
while the complaint or charge is still pending, the employer must release private personnel
data about the employee's alleged sexual contact with a student to a school district or charter
school requesting the data after the employee applies for employment with that school
district or charter school and the data remain classified as provided in chapter 13.

(b) Data that are released under this subdivision must not include data on the a student.

Sec. 2.

Minnesota Statutes 2018, section 123B.03, subdivision 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority shall must
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension and screening as described in paragraph (f) on all individuals who
are offered employment in a school and on all individuals, except enrolled student volunteers,
who are offered the opportunity to provide athletic coaching services or other extracurricular
academic coaching services to a school, regardless of whether any compensation is paid.
In order for an individual to be eligible for employment or to provide the services, the
individual must provide an executed criminal history consent form, a fingerprint card, and
a money order or check payable to either the Bureau of Criminal Apprehension or the school
hiring authority, at the discretion of the school hiring authority, in an amount equal to the
actual cost to the Bureau of Criminal Apprehension and the school district of conducting
the criminal history background check. A school hiring authority deciding to receive payment
may, at its discretion, accept payment in the form of a negotiable instrument other than a
money order or check and shall must pay the superintendent of the Bureau of Criminal
Apprehension directly to conduct the background check. The superintendent of the Bureau
of Criminal Apprehension shall conduct the background check by retrieving criminal history
data as defined in section 13.87. A school hiring authority, at its discretion, may decide not
to request a criminal history background check and screening on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employment if the criminal history background check satisfies the requirements of paragraph
(f).

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school hiring
authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within the
previous 12 months;

(3) the individual who is the subject of the criminal background check executes a written
consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent to
the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, must request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension and
screening on any individual who seeks to enter a school or its grounds for the purpose of
serving as a school volunteer or working as an independent contractor or student employee,
and who is likely to have either unsupervised contact or regular contact with students. A
school hiring authority may, at its discretion, request a criminal background check from the
superintendent of the Bureau of Criminal Apprehension on any other individual who seeks
to enter a school or its grounds for purposes of serving as a school volunteer or working as
an independent contractor or student employee. In order for an individual to enter a school
or its grounds under this paragraph when the school hiring authority decides to request
requests a criminal history background check on the individual, the individual first must
provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school district in an amount equal to the actual cost to
the Bureau of Criminal Apprehension and the school district of conducting the criminal
history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the
criminal history background check under this paragraph is the responsibility of the individual
unless a school hiring authority decides to pay the costs of conducting a background check
under this paragraph. If the school hiring authority pays the costs, the individual who is the
subject of the background check need not pay for it.

(d) For all nonstate residents who are offered employment in a school, a school hiring
authority shall must request a criminal history background check and screening as described
in paragraph (f) on such individuals from the superintendent of the Bureau of Criminal
Apprehension and from the government agency performing the same function in the resident
state or, if no government entity performs the same function in the resident state, from the
Federal Bureau of Investigation. Such individuals must provide an executed criminal history
consent form and a money order, check, or other negotiable instrument payable to the school
hiring authority in an amount equal to the actual cost to the government agencies and the
school district of conducting the criminal history background check and screening.
Notwithstanding section 299C.62, subdivision 1, the cost of the criminal history background
check and screening under this paragraph is the responsibility of the individual.

(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check and screening on employees and other
individuals who provide services to the school, and identify those positions subject to a
background check and screening and the extent of the hiring authority's discretion in requiring
a background check and screening. The school hiring authority may include the notice in
the student handbook, a school policy guide, or other similar communication. Nothing in
this paragraph affects a school hiring authority's ability to request a criminal history
background check on an individual under paragraph (c).

(f) A background check and screening under this subdivision must include:

(1) a criminal history background check by the superintendent of the Bureau of Criminal
Apprehension that is conducted by retrieving criminal history data as defined in section
13.87 and, notwithstanding section 243.166, subdivision 7, indicates whether the subject
of the background check has registered as a predatory offender in accordance with section
243.166, subdivision 1b;

(2) a national criminal history check based on the individual's fingerprints; and

(3) drug and alcohol testing in accordance with section 181.951, subdivision 2.

(g) The superintendent of the Bureau of Criminal Apprehension must accept the national
criminal history check request and the fingerprints of the applicant under paragraph (f). The
superintendent of the Bureau of Criminal Apprehension may exchange fingerprints with
the Federal Bureau of Investigation and request the Federal Bureau of Investigation to
conduct a criminal history check.

(h) A school hiring authority that is required to conduct a background check and screening
under this subdivision must repeat the background check and screening at least every three
years. A school hiring authority may request employees, volunteers, and contractors to
undergo drug and alcohol testing on a random selection basis.

Sec. 3.

Minnesota Statutes 2018, section 123B.03, subdivision 1a, is amended to read:

Subd. 1a.

Investigation of background checks, screenings, and disciplinary actions
taken against prospective teachers.

(a) At the time a school board or other hiring authority
conducts the criminal history background check and screening required under subdivision
1 on an individual offered employment as a teacher, the school board or other hiring authority
must contact the Professional Educator Licensing and Standards Board to determine whether
the board has taken disciplinary action against the teacher. The school board or other hiring
authority must obtain access to data that are public under section 13.41, subdivision 5, from
the Professional Educator Licensing and Standards Board that relate to the substance of the
disciplinary action. In addition, the school board or other hiring authority must require the
individual to provide information in the employment application regarding all current and
previous disciplinary actions in Minnesota and other states taken against the individual's
teaching license and indicate to the applicant that intentionally submitting false or incomplete
information is a ground for dismissal.

(b) At the time a school board or other hiring authority conducts the criminal history
background check and screening required under subdivision 1 on an individual offered
employment as a teacher, the school board or other hiring authority must request a record
of the individual's job performance and a record of disciplinary action from a school district
or charter school that previously employed the individual.

(b) (c) For purposes of this subdivision, "disciplinary action" does not include an action
based on court-ordered child support or maintenance payment arrearages under section
214.101 or delinquent state taxes under section 270C.72.

Sec. 4.

Minnesota Statutes 2018, section 123B.03, is amended by adding a subdivision to
read:

Subd. 1b.

Transportation contractor.

A school board that contracts with a carrier for
the transportation of students must require the carrier to request at least every three years a
criminal history background check and screening consistent with section 123B.03, subdivision
1, paragraph (f), on all operators and other carrier employees present when students are
being transported.

Sec. 5.

Minnesota Statutes 2018, section 181.951, subdivision 4, is amended to read:

Subd. 4.

Random testing.

An employer may request or require employees to undergo
drug and alcohol testing on a random selection basis only if:

(1) they are employed in safety-sensitive positions, or;

(2) they are employed as professional athletes if the professional athlete is subject to a
collective bargaining agreement permitting random testing but only to the extent consistent
with the collective bargaining agreement.; or

(3) they are employed or volunteer in a school as defined in section 123B.03, subdivision
3.

Sec. 6.

Minnesota Statutes 2018, section 181.951, subdivision 7, is amended to read:

Subd. 7.

No legal duty to test.

Employers, except for school hiring authorities under
section 123B.03, subdivision 3, do not have a legal duty to request or require an employee
or job applicant to undergo drug or alcohol testing as authorized in this section.