Minnesota Legislature
SF 2369
3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to education; requiring criminal history background checks; amending
Minnesota Statutes 2006, section 123B.03, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 123B.03, subdivision 1, is amended to read:
Subdivision 1.
Background check required.
(a) A school hiring authoritydeleted text begin , as
defined in subdivision 3,deleted text end shall request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on deleted text begin alldeleted text end new text begin the following new text end individualsnew text begin :
new text end
new text begin (1) those new text end who are offered employment in the schooldeleted text begin , as defined in subdivision 3deleted text end new text begin ; and
new text end
new text begin (2) those who on a regular and consistent basis of a minimum of once per week
during the school year provide athletic coaching services or other extracurricular
or cocurricular services to the school regardless of whether the individual receives
compensationnew text end .
In order new text begin for an individual new text end to be eligible for employmentnew text begin or to provide the servicesnew text end ,
deleted text begin andeleted text end new text begin the new text end individual deleted text begin who is offered employmentdeleted text end must provide an executed criminal history
consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the election 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 electing 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 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 maintained in the criminal justice information
system computers. A school hiring authority, at its discretion, may elect not to request a
criminal history background check on an individual who holds an initial entrance license
issued by the State Board of Teaching or the commissioner of education within the 12
months preceding an offer of employment.
(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) new text begin Unless already required under paragraph (a), new text end a school hiring authority may, at its
discretion, request a criminal history background check from the superintendent of the
Bureau of Criminal Apprehension 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. In order for an individual to enter a school or its grounds
under this paragraph when the school hiring authority elects to request 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.
(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check 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. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2008.
new text end