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SF 3056

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:11pm

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

Current Version - as introduced

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A bill for an act
relating to education; expanding background check requirements for school
employees, volunteers, and contractors; requiring drug and alcohol testing;
amending Minnesota Statutes 2018, sections 13.43, subdivision 16; 123B.03,
subdivisions 1, 1a, by adding a subdivision; 181.951, subdivisions 4, 7.

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

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 16, is amended to read:


Subd. 16.

School district or charter school disclosure deleted text beginof violence or inappropriate
sexual contact
deleted text end.

deleted text beginThe superintendent ofdeleted text endnew text begin (a)new text end A school district or deleted text beginthe superintendent's designee,
or a person having administrative control of a
deleted text end charter schooldeleted text begin,deleted text end must release to a requesting
school district or charter school private personnel data on a current or former employee
related to deleted text beginacts of violence toward or sexual contact with a student, if:deleted text endnew text begin the employee's job
performance and disciplinary record if the requesting school district or charter school affirms
in writing that it has offered the employee an interview as part of its hiring process. Data
relating to the employee's job performance includes performance evaluations and records
related to any complaints or charges against the employee. The employee's disciplinary
record includes any investigation conducted by, or on behalf of, the school district or charter
school, law enforcement, or the commissioner of education, regardless of whether the
investigation resulted in any disciplinary action. The school district or charter school
providing the personnel data must inform the requesting school district or charter school
whether the subject of the information had an opportunity to review and contest the accuracy
and completeness of the personnel data before it was released.
new text end

deleted text begin (1) an investigation conducted by or on behalf of the school district or law enforcement
affirmed the allegations in writing prior to release and the investigation resulted in the
resignation of the subject of the data; or
deleted text end

deleted text begin (2) the employee resigned while a complaint or charge involving the allegations was
pending, the allegations involved acts of sexual contact with a student, and the employer
informed the employee in writing, before the employee resigned, that if the employee resigns
while the complaint or charge is still pending, the employer must release private personnel
data about the employee's alleged sexual contact with a student to a school district or charter
school requesting the data after the employee applies for employment with that school
district or charter school and the data remain classified as provided in chapter 13.
deleted text end

new text begin (b) new text endData deleted text beginthat aredeleted text end released under this subdivision must not include data on deleted text beginthedeleted text endnew text begin anew text end student.

Sec. 2.

Minnesota Statutes 2018, section 123B.03, subdivision 1, is amended to read:


Subdivision 1.

Background check required.

(a) A school hiring authority deleted text beginshalldeleted text endnew text begin mustnew text end
request a criminal history background check deleted text beginfrom the superintendent of the Bureau of
Criminal Apprehension
deleted text endnew text begin and screening as described in paragraph (f)new text end 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
academic coaching 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 formnew text begin, a fingerprint card,new text end 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 deleted text beginshalldeleted text endnew text begin mustnew text end pay the superintendent of the Bureau of Criminal
Apprehension directly to conduct the background check. deleted text beginThe superintendent of the Bureau
of Criminal Apprehension shall conduct the background check by retrieving criminal history
data as defined in section 13.87.
deleted text end A school hiring authority, at its discretion, may decide not
to request a criminal history background checknew text begin and screeningnew text end on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employmentnew text begin if the criminal history background check satisfies the requirements of paragraph
(f)
new text end.

(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 deleted text beginmay, at its discretion,deleted text endnew text begin mustnew text end request a criminal history
background check deleted text beginfrom the superintendent of the Bureau of Criminal Apprehensiondeleted text endnew text begin and
screening
new text end 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 employeenew text begin,
and who is likely to have either unsupervised contact or regular contact with students. A
school hiring authority may, at its discretion, request a criminal background check from the
superintendent of the Bureau of Criminal Apprehension on any other individual who seeks
to enter a school or its grounds for purposes of serving as a school volunteer or working as
an independent contractor or student employee
new text end. In order for an individual to enter a school
or its grounds under this paragraph when the school hiring authority deleted text begindecides to requestdeleted text endnew text begin
requests
new text end 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
unless a school hiring authority decides to pay the costs of conducting a background check
under this paragraph. If the school hiring authority pays the costs, the individual who is the
subject of the background check need not pay for it.

(d) For all nonstate residents who are offered employment in a school, a school hiring
authority deleted text beginshalldeleted text endnew text begin mustnew text end request a criminal history background check new text beginand screening as described
in paragraph (f)
new text endon such individuals deleted text beginfrom 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
deleted text end. 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 checknew text begin and screeningnew text end.
Notwithstanding section 299C.62, subdivision 1, the cost of the criminal history background
check new text beginand screening new text endunder 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 new text beginand screening new text endon employees and other
individuals who provide services to the school, and identify those positions subject to a
background check new text beginand screening new text endand the extent of the hiring authority's discretion in requiring
a background checknew text begin and screeningnew text end. 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 (f) A background check and screening under this subdivision must include:
new text end

new text begin (1) a criminal history background check by the superintendent of the Bureau of Criminal
Apprehension that is conducted by retrieving criminal history data as defined in section
13.87 and, notwithstanding section 243.166, subdivision 7, indicates whether the subject
of the background check has registered as a predatory offender in accordance with section
243.166, subdivision 1b;
new text end

new text begin (2) a national criminal history check based on the individual's fingerprints; and
new text end

new text begin (3) drug and alcohol testing in accordance with section 181.951, subdivision 2.
new text end

new text begin (g) The superintendent of the Bureau of Criminal Apprehension must accept the national
criminal history check request and the fingerprints of the applicant under paragraph (f). The
superintendent of the Bureau of Criminal Apprehension may exchange fingerprints with
the Federal Bureau of Investigation and request the Federal Bureau of Investigation to
conduct a criminal history check.
new text end

new text begin (h) A school hiring authority that is required to conduct a background check and screening
under this subdivision must repeat the background check and screening at least every three
years. A school hiring authority may request employees, volunteers, and contractors to
undergo drug and alcohol testing on a random selection basis.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.03, subdivision 1a, is amended to read:


Subd. 1a.

Investigation of new text beginbackground checks, screenings, and new text enddisciplinary actions
taken against prospective teachers.

(a) At the time a school board or other hiring authority
conducts the criminal history background check new text beginand screening new text endrequired under subdivision
1 on an individual offered employment as a teacher, the school board or other hiring authority
must contact the Professional Educator Licensing and Standards Board to determine whether
the board has taken disciplinary action against the teacher. The school board or other hiring
authority must obtain access to data that are public under section 13.41, subdivision 5, from
the Professional Educator Licensing and Standards Board 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 and indicate to the applicant that intentionally submitting false or incomplete
information is a ground for dismissal.

new text begin (b) At the time a school board or other hiring authority conducts the criminal history
background check and screening required under subdivision 1 on an individual offered
employment as a teacher, the school board or other hiring authority must request a record
of the individual's job performance and a record of disciplinary action from a school district
or charter school that previously employed the individual.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end For purposes of this subdivision, "disciplinary action" does not include an action
based on court-ordered child support or maintenance payment arrearages under section
214.101 or delinquent state taxes under section 270C.72.

Sec. 4.

Minnesota Statutes 2018, section 123B.03, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Transportation contractor. new text end

new text begin A school board that contracts with a carrier for
the transportation of students must require the carrier to request at least every three years a
criminal history background check and screening consistent with section 123B.03, subdivision
1, paragraph (f), on all operators and other carrier employees present when students are
being transported.
new text end

Sec. 5.

Minnesota Statutes 2018, section 181.951, subdivision 4, is amended to read:


Subd. 4.

Random testing.

An employer may request or require employees to undergo
drug and alcohol testing on a random selection basis only ifnew text begin:
new text end

(1) they are employed in safety-sensitive positionsdeleted text begin, ordeleted text endnew text begin;
new text end

(2) they are employed as professional athletes if the professional athlete is subject to a
collective bargaining agreement permitting random testing but only to the extent consistent
with the collective bargaining agreementdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) they are employed or volunteer in a school as defined in section 123B.03, subdivision
3.
new text end

Sec. 6.

Minnesota Statutes 2018, section 181.951, subdivision 7, is amended to read:


Subd. 7.

No legal duty to test.

Employersnew text begin, except for school hiring authorities under
section 123B.03, subdivision 3,
new text end do not have a legal duty to request or require an employee
or job applicant to undergo drug or alcohol testing as authorized in this section.