SF 2597

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; modifying school background check provisions; amending
Minnesota Statutes 2006, section 123B.03, subdivisions 1, as amended, 2, as
amended, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 123B.03, subdivision 1, as amended by
Laws 2008, chapter 275, section 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension 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 new text begin academic coaching new text end 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 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 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 decide 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 decides 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.

(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 begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2006, section 123B.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Investigation of disciplinary actions taken against prospective
teachers. new text end

new text begin At the time a school board or other hiring authority conducts the criminal history
background check required under subdivision 1 on an individual offered employment as a
teacher, the school board or other hiring authority must contact the Board of Teaching to
determine whether the board has taken disciplinary action against the teacher based on
a board determination that sexual misconduct or attempted sexual misconduct occurred
between the teacher and a student. If disciplinary action has been taken based on this
type of misconduct, the school board or other hiring authority must obtain access to data
that are public under section 13.41, subdivision 5, 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 as a result of sexual misconduct or attempted sexual misconduct with
a student and indicate to the applicant that intentionally submitting false or incomplete
information is a ground for dismissal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2006, section 123B.03, subdivision 2, as amended by Laws
2008, chapter 275, section 1, and 2008 S.F. 3235, section 12, if enacted, is amended to
read:

Subd. 2.

Effect of background check new text begin or Board of Teaching action new text end .

(a) A school
hiring authority may hire or otherwise allow an individual to provide a service to a school
pending completion of a background check under subdivision 1 new text begin or obtaining notice of
a Board of Teaching action under subdivision 1a new text end but shall notify the individual that the
individual's employment or other service may be terminated based on the result of the
background check new text begin or Board of Teaching action new text end . A school hiring authority is not liable for
failing to hire or for terminating an individual's employment or other service based on the
result of a background check new text begin or Board of Teaching action new text end under this section.

(b) deleted text begin An individual must be informed by the deleted text end new text begin For purposes of this paragraph, a new text end school
hiring authority new text begin must inform an individual new text end if the individual's application to be an employee
or volunteer in the district has been denied as a result of a background check conducted
under this section. The school hiring authority must also inform an individual who is a
current employee or volunteer if the individual's employment or volunteer status in the
district is being terminated as a result of a background check conducted under deleted text begin this section deleted text end new text begin
subdivision 4 new text end .