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SF 2369

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to education; requiring criminal history background checks; amending
Minnesota Statutes 2006, section 123B.03.

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

Section 1.

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


123B.03 BACKGROUND CHECK.

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 all individuals who are
offered employment in deleted text beginthedeleted text endnew text begin anew text end schooldeleted text begin, as defined in subdivision 3deleted text endnew text begin and on all individuals,
except enrolled student volunteers, who are offered the opportunity to provide athletic
coaching services or other extracurricular services to a school, regardless of whether
any compensation is paid
new text end. In order new text beginfor an individual new text endto be eligible for employmentnew text begin or
to provide the services
new text end, deleted text beginandeleted text end new text beginthe new text endindividual deleted text beginwho 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 deleted text beginelectiondeleted text endnew text begin
discretion
new text end 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 deleted text beginelectingdeleted text endnew text begin decidingnew text end 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 deleted text beginelectdeleted text endnew text begin decidenew text end 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) 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 deleted text beginelectsdeleted text end new text begindecides new text endto 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 (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 on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. 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).
new text end

Subd. 2.

Conditional hiringnew text begin and servicesnew text end; discharge.

A school hiring authority
may hirenew text begin or otherwise allownew text end an individualnew text begin to provide a service to a schoolnew text end pending
completion of a background check under subdivision 1 but shall notify the individual
that the individual's employmentnew text begin or other servicenew text end 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 employmentnew text begin or other servicenew text end based on the result of a
background check under this section.

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 new text beginthe school board, or in the case of a nonpublic
school,
new text endthe school principal or other person having general control and supervision
of the school.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2008.
new text end