HF 3402

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring a criminal background 
  1.3             check for nonlicensed individuals paid to provide 
  1.4             classroom instruction; amending Minnesota Statutes 
  1.5             1999 Supplement, section 123B.03, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   123B.03, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) A school 
  1.10  hiring authority, as defined in subdivision 3, shall request a 
  1.11  criminal history background check from the superintendent of the 
  1.12  bureau of criminal apprehension on all individuals who are 
  1.13  offered employment in the school, as defined in subdivision 3.  
  1.14  In order to be eligible for employment, an individual who is 
  1.15  offered employment must provide an executed criminal history 
  1.16  consent form and a money order or check payable to either the 
  1.17  bureau of criminal apprehension or the school hiring authority, 
  1.18  at the election of the school hiring authority, in an amount 
  1.19  equal to the actual cost to the bureau of criminal apprehension 
  1.20  and the school district of conducting the criminal history 
  1.21  background check.  A school hiring authority electing to receive 
  1.22  payment may, at its discretion, accept payment in the form of a 
  1.23  negotiable instrument other than a money order or check and 
  1.24  shall pay the superintendent of the bureau of criminal 
  1.25  apprehension directly to conduct the background check.  The 
  2.1   superintendent of the bureau of criminal apprehension shall 
  2.2   conduct the background check by retrieving criminal history data 
  2.3   maintained in the criminal justice information system 
  2.4   computers.  A school hiring authority, at its discretion, may 
  2.5   elect not to request a criminal history background check on an 
  2.6   individual who holds an initial entrance license issued by the 
  2.7   state board of teaching or the commissioner of children, 
  2.8   families, and learning within the 12 months preceding an offer 
  2.9   of employment. 
  2.10     (b) A school hiring authority may use the results of a 
  2.11  criminal background check conducted at the request of another 
  2.12  school hiring authority if: 
  2.13     (1) the results of the criminal background check are on 
  2.14  file with the other school hiring authority or otherwise 
  2.15  accessible; 
  2.16     (2) the other school hiring authority conducted a criminal 
  2.17  background check within the previous 12 months; 
  2.18     (3) the individual who is the subject of the criminal 
  2.19  background check executes a written consent form giving a school 
  2.20  hiring authority access to the results of the check; and 
  2.21     (4) there is no reason to believe that the individual has 
  2.22  committed an act subsequent to the check that would disqualify 
  2.23  the individual for employment. 
  2.24     (c) A school hiring authority may, at its discretion, 
  2.25  request a criminal history background check from the 
  2.26  superintendent of the bureau of criminal apprehension on any 
  2.27  individual who seeks to enter a school or its grounds for the 
  2.28  purpose of serving as a school volunteer or working as an 
  2.29  independent contractor or student employee.  In order for an 
  2.30  individual to enter a school or its grounds under this paragraph 
  2.31  when the school hiring authority elects to request a criminal 
  2.32  history background check on the individual, the individual first 
  2.33  must provide an executed criminal history consent form and a 
  2.34  money order, check, or other negotiable instrument payable to 
  2.35  the school district in an amount equal to the actual cost to the 
  2.36  bureau of criminal apprehension and the school district of 
  3.1   conducting the criminal history background check.  
  3.2   Notwithstanding section 299C.62, subdivision 1, the cost of the 
  3.3   criminal history background check under this paragraph is the 
  3.4   responsibility of the individual. 
  3.5      (d) For all nonstate residents who are offered employment 
  3.6   in a school, a school hiring authority shall request a criminal 
  3.7   history background check on such individuals from the 
  3.8   superintendent of the bureau of criminal apprehension and from 
  3.9   the government agency performing the same function in the 
  3.10  resident state or, if no government entity performs the same 
  3.11  function in the resident state, from the Federal Bureau of 
  3.12  Investigation.  Such individuals must provide an executed 
  3.13  criminal history consent form and a money order, check, or other 
  3.14  negotiable instrument payable to the school hiring authority in 
  3.15  an amount equal to the actual cost to the government agencies 
  3.16  and the school district of conducting the criminal history 
  3.17  background check.  Notwithstanding section 299C.62, subdivision 
  3.18  1, the cost of the criminal history background check under this 
  3.19  paragraph is the responsibility of the individual. 
  3.20     Notwithstanding paragraph (c), an employee who provides 
  3.21  classroom instruction prior to receiving a license from the 
  3.22  board of teaching must receive a criminal history background 
  3.23  check from the superintendent of the bureau of criminal 
  3.24  apprehension according to the terms of paragraph (a) before the 
  3.25  individual is eligible to provide the instruction. 
  3.26     Sec. 2.  [EFFECTIVE DATE.] 
  3.27     Section 1 is effective the day following final enactment.