SF 2369

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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 authority, as
defined in subdivision 3, shall request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on all individuals who are
offered employment in the school, as defined in subdivision 3. In order to be eligible for
employment, an individual who is offered employment 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) 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 (e) Consistent with the terms in paragraph (a), a school hiring authority, as defined in
subdivision 3, shall request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on an individual who elects to provide athletic
coaching services or other extracurricular or cocurricular services to a district, regardless
of the terms of the service, and the school hiring authority must have access to the results
of the check before the individual begins providing the services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end