Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 99-S.F.No. 950 
                  An act relating to education; adopting working group 
                  recommendations for conducting teacher background 
                  checks; amending Minnesota Statutes 1996, section 
                  120.1045. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 120.1045, is 
        amended to read: 
           120.1045 [BACKGROUND CHECK.] 
           Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) A school 
        hiring authority, as defined in subdivision 4, 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 4.  
        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 cashier's check payable 
        to either the bureau of criminal apprehension for the fee for 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 may 
        charge a person offered employment an additional fee of up to $2 
        to cover the school's costs under this section 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 perform 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 state board 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. 
           Subd. 2.  [CONDITIONAL HIRING; DISCHARGE.] A school hiring 
        authority may hire an individual pending completion of a 
        background check under subdivision 1 but shall notify the 
        individual that the individual's employment 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 employment based on the result of a background 
        check under this section. 
           Subd. 4.  [DEFINITIONS.] For purposes of this section: 
           (a) "School" means a school as defined in section 120.101, 
        subdivision 4, except a home-school, and includes a school 
        receiving tribal contract or grant school aid under section 
        124.86; school, for the purposes of this section, also means a 
        service cooperative, a special education cooperative, or an 
        education district under section 123.35, and a joint powers 
        district under section 471.59. 
           (b) "School hiring authority" means the school principal or 
        other person having general control and supervision of the 
        school. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 5, 1997 
           Signed by the governor May 6, 1997, 2:40 p.m.