Minnesota Legislature
SF 2597A
Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2597
1.3relating to education; requiring school boards to seek information from
1.4prospective teachers and the Board of Teaching about disciplinary actions against
1.5the teachers; amending Minnesota Statutes 2006, section 123B.03, subdivision 2,
1.6by adding a subdivision.
1.7May 16, 2008
1.8The Honorable James P. Metzen
1.9President of the Senate
1.10The Honorable Margaret Anderson Kelliher
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 2597 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the House recede from its amendments and that S.F. No. 2597 be further
1.15amended as follows:
1.16Page 1, after line 6, insert:
1.17 "Section 1. Minnesota Statutes 2006, section 123B.03, subdivision 1, as amended by
1.18Laws 2008, chapter 275, section 1, is amended to read:
1.19 Subdivision 1. Background check required. (a) A school hiring authority shall
1.20request a criminal history background check from the superintendent of the Bureau of
1.21Criminal Apprehension on all individuals who are offered employment in a school and
1.22on all individuals, except enrolled student volunteers, who are offered the opportunity to
1.23provide athletic coaching services or other extracurricular academic coaching services
1.24to a school, regardless of whether any compensation is paid. In order for an individual
1.25to be eligible for employment or to provide the services, the individual must provide an
1.26executed criminal history consent form and a money order or check payable to either the
1.27Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the
1.28school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
1.29Apprehension and the school district of conducting the criminal history background
2.1check. A school hiring authority deciding to receive payment may, at its discretion, accept
2.2payment in the form of a negotiable instrument other than a money order or check and
2.3shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct
2.4the background check. The superintendent of the Bureau of Criminal Apprehension shall
2.5conduct the background check by retrieving criminal history data maintained in the
2.6criminal justice information system computers. A school hiring authority, at its discretion,
2.7may decide not to request a criminal history background check on an individual who holds
2.8an initial entrance license issued by the State Board of Teaching or the commissioner of
2.9education within the 12 months preceding an offer of employment.
2.10 (b) A school hiring authority may use the results of a criminal background check
2.11conducted at the request of another school hiring authority if:
2.12 (1) the results of the criminal background check are on file with the other school
2.13hiring authority or otherwise accessible;
2.14 (2) the other school hiring authority conducted a criminal background check within
2.15the previous 12 months;
2.16 (3) the individual who is the subject of the criminal background check executes a
2.17written consent form giving a school hiring authority access to the results of the check; and
2.18 (4) there is no reason to believe that the individual has committed an act subsequent
2.19to the check that would disqualify the individual for employment.
2.20 (c) A school hiring authority may, at its discretion, request a criminal history
2.21background check from the superintendent of the Bureau of Criminal Apprehension on
2.22any individual who seeks to enter a school or its grounds for the purpose of serving as a
2.23school volunteer or working as an independent contractor or student employee. In order
2.24for an individual to enter a school or its grounds under this paragraph when the school
2.25hiring authority decides to request a criminal history background check on the individual,
2.26the individual first must provide an executed criminal history consent form and a money
2.27order, check, or other negotiable instrument payable to the school district in an amount
2.28equal to the actual cost to the Bureau of Criminal Apprehension and the school district
2.29of conducting the criminal history background check. Notwithstanding section299C.62,
2.30subdivision 1 , the cost of the criminal history background check under this paragraph is
2.31the responsibility of the individual.
2.32 (d) For all nonstate residents who are offered employment in a school, a school
2.33hiring authority shall request a criminal history background check on such individuals
2.34from the superintendent of the Bureau of Criminal Apprehension and from the government
2.35agency performing the same function in the resident state or, if no government entity
2.36performs the same function in the resident state, from the Federal Bureau of Investigation.
3.1Such individuals must provide an executed criminal history consent form and a money
3.2order, check, or other negotiable instrument payable to the school hiring authority in an
3.3amount equal to the actual cost to the government agencies and the school district of
3.4conducting the criminal history background check. Notwithstanding section299C.62,
3.5subdivision 1 , the cost of the criminal history background check under this paragraph is
3.6the responsibility of the individual.
3.7 (e) At the beginning of each school year or when a student enrolls, a school hiring
3.8authority must notify parents and guardians about the school hiring authority's policy
3.9requiring a criminal history background check on employees and other individuals who
3.10provide services to the school, and identify those positions subject to a background check
3.11and the extent of the hiring authority's discretion in requiring a background check. The
3.12school hiring authority may include the notice in the student handbook, a school policy
3.13guide, or other similar communication. Nothing in this paragraph affects a school hiring
3.14authority's ability to request a criminal history background check on an individual under
3.15paragraph (c).
3.16EFFECTIVE DATE.This section is effective September 1, 2008."
3.17Page 1, lines 10, 12, and 18, after "school" insert "board or other"
3.18Page 1, delete line 14 and insert "that sexual misconduct or attempted sexual
3.19misconduct occurred"
3.20Page 1, line 16, delete "conduct" and insert "misconduct" and after "school" insert
3.21"board or other"
3.22Page 1, line 17, delete "sections" and insert "section" and delete "and 13.43,
3.23subdivision 2,"
3.24Page 1, line 21, delete everything after "of" and insert "sexual misconduct or
3.25attempted sexual"
3.26Page 1, line 22, delete "conduct" and insert "misconduct"
3.27Page 2, delete section 2 and insert:
3.28 "Sec. 3. Minnesota Statutes 2006, section 123B.03, subdivision 2, as amended by Laws
3.292008, chapter 275, section 1, and 2008 S.F. 3235, section 12, if enacted, is amended to
3.30read:
3.31 Subd. 2. Effect of background check or Board of Teaching action. (a) A school
3.32hiring authority may hire or otherwise allow an individual to provide a service to a school
3.33pending completion of a background check under subdivision 1 or obtaining notice of
3.34a Board of Teaching action under subdivision 1a but shall notify the individual that the
4.1individual's employment or other service may be terminated based on the result of the
4.2background check or Board of Teaching action. A school hiring authority is not liable for
4.3failing to hire or for terminating an individual's employment or other service based on the
4.4result of a background check or Board of Teaching action under this section.
4.5 (b)An individual must be informed by the For purposes of this paragraph, a school
4.6hiring authority must inform an individual if the individual's application to be an employee
4.7or volunteer in the district has been denied as a result of a background check conducted
4.8under this section. The school hiring authority must also inform an individual who is a
4.9current employee or volunteer if the individual's employment or volunteer status in the
4.10district is being terminated as a result of a background check conducted underthis section
4.11subdivision 4."
4.12Renumber the sections in sequence
4.13Amend the title as follows:
4.14Page 1, line 2, delete everything after the semicolon and insert "modifying school
4.15background check provisions;"
4.16Page 1, delete line 3
4.17Page 1, line 4, delete "the teachers;"
4.18Correct the title numbers accordingly
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Kathy L. Saltzman, Charles W. Wiger, Patricia Torres RayHouse Conferees: (Signed) Karla Bigham, Sandra Peterson, Bud Heidgerken
1.3relating to education; requiring school boards to seek information from
1.4prospective teachers and the Board of Teaching about disciplinary actions against
1.5the teachers; amending Minnesota Statutes 2006, section 123B.03, subdivision 2,
1.6by adding a subdivision.
1.7May 16, 2008
1.8The Honorable James P. Metzen
1.9President of the Senate
1.10The Honorable Margaret Anderson Kelliher
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 2597 report that we have agreed upon
1.13the items in dispute and recommend as follows:
1.14That the House recede from its amendments and that S.F. No. 2597 be further
1.15amended as follows:
1.16Page 1, after line 6, insert:
1.17 "Section 1. Minnesota Statutes 2006, section 123B.03, subdivision 1, as amended by
1.18Laws 2008, chapter 275, section 1, is amended to read:
1.19 Subdivision 1. Background check required. (a) A school hiring authority shall
1.20request a criminal history background check from the superintendent of the Bureau of
1.21Criminal Apprehension on all individuals who are offered employment in a school and
1.22on all individuals, except enrolled student volunteers, who are offered the opportunity to
1.23provide athletic coaching services or other extracurricular academic coaching services
1.24to a school, regardless of whether any compensation is paid. In order for an individual
1.25to be eligible for employment or to provide the services, the individual must provide an
1.26executed criminal history consent form and a money order or check payable to either the
1.27Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the
1.28school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
1.29Apprehension and the school district of conducting the criminal history background
2.1check. A school hiring authority deciding to receive payment may, at its discretion, accept
2.2payment in the form of a negotiable instrument other than a money order or check and
2.3shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct
2.4the background check. The superintendent of the Bureau of Criminal Apprehension shall
2.5conduct the background check by retrieving criminal history data maintained in the
2.6criminal justice information system computers. A school hiring authority, at its discretion,
2.7may decide not to request a criminal history background check on an individual who holds
2.8an initial entrance license issued by the State Board of Teaching or the commissioner of
2.9education within the 12 months preceding an offer of employment.
2.10 (b) A school hiring authority may use the results of a criminal background check
2.11conducted at the request of another school hiring authority if:
2.12 (1) the results of the criminal background check are on file with the other school
2.13hiring authority or otherwise accessible;
2.14 (2) the other school hiring authority conducted a criminal background check within
2.15the previous 12 months;
2.16 (3) the individual who is the subject of the criminal background check executes a
2.17written consent form giving a school hiring authority access to the results of the check; and
2.18 (4) there is no reason to believe that the individual has committed an act subsequent
2.19to the check that would disqualify the individual for employment.
2.20 (c) A school hiring authority may, at its discretion, request a criminal history
2.21background check from the superintendent of the Bureau of Criminal Apprehension on
2.22any individual who seeks to enter a school or its grounds for the purpose of serving as a
2.23school volunteer or working as an independent contractor or student employee. In order
2.24for an individual to enter a school or its grounds under this paragraph when the school
2.25hiring authority decides to request a criminal history background check on the individual,
2.26the individual first must provide an executed criminal history consent form and a money
2.27order, check, or other negotiable instrument payable to the school district in an amount
2.28equal to the actual cost to the Bureau of Criminal Apprehension and the school district
2.29of conducting the criminal history background check. Notwithstanding section
2.30subdivision 1
2.31the responsibility of the individual.
2.32 (d) For all nonstate residents who are offered employment in a school, a school
2.33hiring authority shall request a criminal history background check on such individuals
2.34from the superintendent of the Bureau of Criminal Apprehension and from the government
2.35agency performing the same function in the resident state or, if no government entity
2.36performs the same function in the resident state, from the Federal Bureau of Investigation.
3.1Such individuals must provide an executed criminal history consent form and a money
3.2order, check, or other negotiable instrument payable to the school hiring authority in an
3.3amount equal to the actual cost to the government agencies and the school district of
3.4conducting the criminal history background check. Notwithstanding section
3.5subdivision 1
3.6the responsibility of the individual.
3.7 (e) At the beginning of each school year or when a student enrolls, a school hiring
3.8authority must notify parents and guardians about the school hiring authority's policy
3.9requiring a criminal history background check on employees and other individuals who
3.10provide services to the school, and identify those positions subject to a background check
3.11and the extent of the hiring authority's discretion in requiring a background check. The
3.12school hiring authority may include the notice in the student handbook, a school policy
3.13guide, or other similar communication. Nothing in this paragraph affects a school hiring
3.14authority's ability to request a criminal history background check on an individual under
3.15paragraph (c).
3.16EFFECTIVE DATE.This section is effective September 1, 2008."
3.17Page 1, lines 10, 12, and 18, after "school" insert "board or other"
3.18Page 1, delete line 14 and insert "that sexual misconduct or attempted sexual
3.19misconduct occurred"
3.20Page 1, line 16, delete "conduct" and insert "misconduct" and after "school" insert
3.21"board or other"
3.22Page 1, line 17, delete "sections" and insert "section" and delete "and 13.43,
3.23subdivision 2,"
3.24Page 1, line 21, delete everything after "of" and insert "sexual misconduct or
3.25attempted sexual"
3.26Page 1, line 22, delete "conduct" and insert "misconduct"
3.27Page 2, delete section 2 and insert:
3.28 "Sec. 3. Minnesota Statutes 2006, section 123B.03, subdivision 2, as amended by Laws
3.292008, chapter 275, section 1, and 2008 S.F. 3235, section 12, if enacted, is amended to
3.30read:
3.31 Subd. 2. Effect of background check or Board of Teaching action. (a) A school
3.32hiring authority may hire or otherwise allow an individual to provide a service to a school
3.33pending completion of a background check under subdivision 1 or obtaining notice of
3.34a Board of Teaching action under subdivision 1a but shall notify the individual that the
4.1individual's employment or other service may be terminated based on the result of the
4.2background check or Board of Teaching action. A school hiring authority is not liable for
4.3failing to hire or for terminating an individual's employment or other service based on the
4.4result of a background check or Board of Teaching action under this section.
4.5 (b)
4.6hiring authority must inform an individual if the individual's application to be an employee
4.7or volunteer in the district has been denied as a result of a background check conducted
4.8under this section. The school hiring authority must also inform an individual who is a
4.9current employee or volunteer if the individual's employment or volunteer status in the
4.10district is being terminated as a result of a background check conducted under
4.11subdivision 4."
4.12Renumber the sections in sequence
4.13Amend the title as follows:
4.14Page 1, line 2, delete everything after the semicolon and insert "modifying school
4.15background check provisions;"
4.16Page 1, delete line 3
4.17Page 1, line 4, delete "the teachers;"
4.18Correct the title numbers accordingly
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Kathy L. Saltzman, Charles W. Wiger, Patricia Torres RayHouse Conferees: (Signed) Karla Bigham, Sandra Peterson, Bud Heidgerken