HB-6173, As Passed House, June 29, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6173

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and

 

1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g,

 

380.1535a, and 380.1539b), as amended by 2006 PA 84, and by adding

 

section 1230e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1230. (1) Except as otherwise provided in this section,

 

upon an offer of initial employment being made by the board of a

 

school district or intermediate school district or the governing

 

body of a public school academy or nonpublic school to an

 

individual for any full-time or part-time employment or when school

 


officials learn that an individual is being assigned to regularly

 

and continuously work under contract in any of its schools, the

 

district, public school academy, or nonpublic school shall request

 

from the criminal records division of the department of state

 

police a criminal history check on the individual and, before

 

employing the individual as a regular employee or allowing the

 

individual to regularly and continuously work under contract in any

 

of its schools, shall have received from the department of state

 

police the report described in subsection (8).

 

     (2) If the board of a school district or intermediate school

 

district or the governing body of a public school academy or

 

nonpublic school determines it necessary to hire an individual or

 

to allow an individual to regularly and continuously work under

 

contract for a particular school year during that school year or

 

within 30 days before the beginning of that school year, the board

 

or governing body may employ the individual as a conditional

 

employee or conditionally allow the individual to regularly and

 

continuously work under contract under this subsection without

 

first receiving the report described in subsection (8) if all of

 

the following apply:

 

     (a) The board or governing body requests the criminal history

 

check required under subsection (1) before conditionally employing

 

the individual or conditionally allowing the individual to

 

regularly and continuously work under contract in any of its

 

schools.

 

     (b) The individual signs a statement identifying all crimes

 

for which he or she has been convicted, if any, and agreeing that,

 


if the report described in subsection (8) is not the same as the

 

individual's statement, his or her employment contract is voidable

 

at the option of the board or governing body. The department shall

 

develop and distribute to districts and nonpublic schools a model

 

form for the statement required under this subdivision. The

 

department shall make the model form available to public school

 

academies. A district, public school academy, or nonpublic school

 

shall use the model form for the purposes of this subsection.

 

     (3) If an individual is employed as a conditional employee

 

under subsection (2) and the report described in subsection (8) is

 

not the same as the individual's statement under subsection (2),

 

the board or governing body may void the individual's employment

 

contract. If an employment contract is voided under this

 

subsection, the individual's employment is terminated, a collective

 

bargaining agreement that would otherwise apply to the individual's

 

employment does not apply to the termination, and the district,

 

public school academy, or nonpublic school or the board or

 

governing body is not liable for the termination.

 

     (4) For an applicant for a position as a substitute teacher,

 

or for an individual who regularly and continuously works under

 

contract in more than 1 school district, intermediate school

 

district, public school academy, or nonpublic school, if the

 

applicant or individual agrees in writing to allow a district,

 

public school academy, or nonpublic school to share the results of

 

the criminal history check with another district, public school

 

academy, or nonpublic school, then instead of requesting a criminal

 

history check under subsection (1), a school district, intermediate

 


school district, public school academy, or nonpublic school may use

 

a report received by another district, public school academy, or

 

nonpublic school or maintained by the department to confirm that

 

the applicant or individual does not have any criminal history. If

 

that confirmation is not available, subsection (1) applies to the

 

applicant or individual.

 

     (5) If an applicant is being considered for employment by more

 

than 1 school district, intermediate school district, public school

 

academy, or nonpublic school and if the applicant agrees in writing

 

to allow a district, public school academy, or nonpublic school to

 

share the report described in subsection (8) with another district,

 

public school academy, or nonpublic school, a district, public

 

school academy, or nonpublic school may satisfy the requirements of

 

subsection (1) by obtaining a copy of the report described in

 

subsection (8) from another district, public school academy, or

 

nonpublic school.

 

     (6) An applicant for employment shall give written consent at

 

the time of application for the criminal records division of the

 

department of state police to conduct the criminal history check

 

required under this section.

 

     (7) A school district, intermediate school district, public

 

school academy, or nonpublic school shall make a request to the

 

criminal records division of the department of state police for a

 

criminal history check required under this section on a form and in

 

a manner prescribed by the criminal records division of the

 

department of state police.

 

     (8) Within 30 days after receiving a proper request by a

 


school district, intermediate school district, public school

 

academy, or nonpublic school for a criminal history check on an

 

individual under this section, the criminal records division of the

 

department of state police shall conduct the criminal history check

 

and, after conducting the criminal history check and within that

 

time period, provide a report of the results of the criminal

 

history check to the district, public school academy, or nonpublic

 

school. The report shall contain any criminal history record

 

information on the individual maintained by the criminal records

 

division of the department of state police.

 

     (9) If the report received by a school district, intermediate

 

school district, public school academy, or nonpublic school under

 

subsection (8), or a report received under section 1230a, 1230d(7),

 

1535a(15), or 1539b(15), discloses that an individual has been

 

convicted of a listed offense, then the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall take steps to verify that information using public

 

records and, if the information is verified, shall not employ the

 

individual in any capacity, as provided under section 1230c, and

 

shall not allow the individual to regularly and continuously work

 

under contract in any of its schools. If the report received by a

 

school district, intermediate school district, public school

 

academy, or nonpublic school under subsection (8), or a report

 

received under section 1230a, 1230d(7), 1535a(15), or 1539b(15),

 

discloses that an individual has been convicted of a felony other

 

than a listed offense, then the school district, intermediate

 

school district, public school academy, or nonpublic school shall

 


take steps to verify that information using public records and, if

 

the information is verified using public records, shall not employ

 

the individual in any capacity or allow the individual to regularly

 

and continuously work under contract in any of its schools unless

 

the superintendent or chief administrator and the governing board

 

or governing body, if any, of the school district, intermediate

 

school district, public school academy, or nonpublic school each

 

specifically  approve  approves the employment or work assignment

 

in writing. If a school district, intermediate school district,

 

public school academy, or nonpublic school receives results

 

described in this subsection, within 30 days after receiving those

 

results the school district, intermediate school district, public

 

school academy, or nonpublic school shall submit to the department

 

in the form and manner prescribed by the department a report

 

detailing the information and any action taken as a result by the

 

school district, intermediate school district, public school

 

academy, or nonpublic school.

 

     (10) Criminal history record information received from the

 

criminal records division of the department of state police under

 

subsection (8) shall be used by a school district, intermediate

 

school district, public school academy, or nonpublic school only

 

for the purpose of evaluating an individual's qualifications for

 

employment or assignment in the position for which he or she has

 

applied or been assigned and for the purposes of subsections (3),

 

(4), and (5). A member of the board of a district or of the

 

governing body of a public school academy or nonpublic school or an

 

employee of a district, public school academy, or nonpublic school

 


shall not disclose the report or its contents, except a misdemeanor

 

conviction involving sexual or physical abuse or any felony

 

conviction, to any person who is not directly involved in

 

evaluating the applicant's qualifications for employment or

 

assignment. However, for the purposes of subsections (4) and (5), a

 

person described in this subsection may confirm to an employee of

 

another district, public school academy, or nonpublic school that a

 

report under subsection (8) has revealed that an individual does

 

not have any criminal history or may disclose that no report under

 

subsection (8) has been received concerning the individual, and for

 

the purposes of subsection (5), a person described in this

 

subsection may provide a copy of the report under subsection (8)

 

concerning the individual to an appropriate representative of

 

another district, public school academy, or nonpublic school. Also,

 

for an individual who is regularly and continuously working under

 

contract, a person described in this subsection may provide a copy

 

of the results received under this section concerning the

 

individual to an appropriate representative of the individual's

 

employer. A representative of a district, public school academy,

 

nonpublic school, or of any other employer who receives a copy of a

 

report or receives results of a report from another source as

 

authorized under this subsection shall not disclose the report or

 

its contents or the results of a the report to any person who is

 

not directly involved in evaluating the individual's or applicant's

 

qualifications for employment or assignment. A person who violates

 

this subsection is guilty of a misdemeanor punishable by a fine of

 

not more than $10,000.00, but is not subject to the penalties under

 


section 1804.

 

     (11) If the criminal history check required under this section

 

has been completed for a particular individual and the results

 

reported to a school district, intermediate school district, public

 

school academy, or nonpublic school as provided under this section,

 

then another criminal history check is not required under this

 

section for that individual as long as the individual remains, with

 

no break in service other than normally scheduled academic calendar

 

breaks, employed or regularly and continuously working under

 

contract in any school district, intermediate school district,

 

public school academy, or nonpublic school in this state.

 

     (12)  (11)  Subsection (1) does not apply to an individual who

 

is being employed by or assigned to regularly and continuously work

 

under contract in a school of a school district, intermediate

 

school district, public school academy, or nonpublic school if the

 

individual is not more than 19 years of age and is enrolled as a

 

general education pupil of  the  a school district, intermediate

 

school district, public school academy, or nonpublic school or is

 

not more than 26 years of age and is enrolled in special education

 

programs or services in  the  a school district, intermediate

 

school district, public school academy, or nonpublic school.

 

However, before employing the individual or assigning the

 

individual to regularly and continuously work under contract in a

 

school, the school district, intermediate school district, public

 

school academy, or nonpublic school shall perform a criminal

 

history check on that person using the department of state police's

 

internet criminal history access tool (ICHAT). If a search of the

 


department of state police's ICHAT reveals that the individual has

 

been convicted of a listed offense, then the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall take steps to verify that information using public

 

records and, if the information is verified using public records,

 

shall not employ the individual in any capacity, as provided under

 

section 1230c, and shall not allow the individual to regularly and

 

continuously work under contract in any of its schools. If a search

 

of the department of state police's ICHAT reveals that the

 

individual has been convicted of a felony other than a listed

 

offense, then the school district, intermediate school district,

 

public school academy, or nonpublic school shall take steps to

 

verify that information using public records and, if the

 

information is verified using public records, shall not employ the

 

individual in any capacity or allow the individual to regularly and

 

continuously work under contract in any of its schools unless the

 

superintendent or chief administrator and the board or governing

 

body, if any, of the school district, intermediate school district,

 

public school academy, or nonpublic school each specifically

 

approves the employment or work assignment in writing.

 

     (13)  (12)  As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Criminal history record information" means that term as

 

defined in section 1a of 1925 PA 289, MCL 28.241a.

 

     (c) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 


761.1.

 

     (d)  (c)  "Listed offense" means that term as defined in

 

section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (e)  (d)  "Regularly and continuously work under contract"

 

means either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (f)  (e)  "School property" means that term as defined in

 

section 33 of the sex offenders registration act, 1994 PA 295, MCL

 

28.733.

 

     Sec. 1230a. (1) In addition to the criminal history check

 

required under section 1230, the board of a school district or

 

intermediate school district or the governing body of a public

 

school academy or nonpublic school shall request the department of

 


state police to conduct a criminal records check through the

 

federal bureau of investigation on an applicant for, or an

 

individual who is hired for, any full-time or part-time employment

 

or who is assigned to regularly and continuously work under

 

contract in any of its schools. Except as otherwise provided in

 

this section, a board or governing body shall not employ an

 

individual or allow an individual to regularly and continuously

 

work under contract in any of its schools until after the board or

 

governing body receives the results of the criminal records check.

 

A board or governing body requesting a criminal records check under

 

this section shall require the individual to submit his or her

 

fingerprints to the department of state police for that purpose.

 

The department of state police may charge a fee for conducting the

 

criminal records check.  Subject to section 1230g, a board or

 

governing body shall require an individual to submit his or her

 

fingerprints for the purposes of this section only at the time the

 

individual initially applies for employment with the board or

 

governing body or is initially employed by the board or governing

 

body or is initially assigned to regularly and continuously work

 

under contract in any of its schools.

 

     (2) If the board of a school district or intermediate school

 

district or the governing body of a public school academy or

 

nonpublic school determines it necessary to hire an individual or

 

to allow an individual to regularly and continuously work under

 

contract for a particular school year during that school year or

 

within 30 days before the beginning of that school year, the board

 

or governing body may employ the individual as a conditional

 


employee or conditionally allow the individual to regularly and

 

continuously work under contract under this subsection without

 

first receiving the results of the criminal records check under

 

subsection (1) if all of the following apply:

 

     (a) The board or governing body requests the criminal records

 

check under subsection (1) before conditionally employing the

 

individual or conditionally allowing the individual to regularly

 

and continuously work under contract in any of its schools.

 

     (b) The individual signs a statement identifying all crimes

 

for which he or she has been convicted, if any, and agreeing that,

 

if the results of the criminal records check under subsection (1)

 

reveal information that is inconsistent with the individual's

 

statement, his or her employment contract is voidable at the option

 

of the board or governing body. The department shall develop and

 

distribute to districts and nonpublic schools a model form for the

 

statement required under this subdivision. The department shall

 

make the model form available to public school academies. A

 

district, public school academy, or nonpublic school shall use the

 

model form for the purposes of this subsection.

 

     (3) If an individual is employed as a conditional employee

 

under subsection (2) and the results of the criminal records check

 

under subsection (1) reveal information that is inconsistent with

 

the individual's statement under subsection (2), the board or

 

governing body may void the individual's employment contract. If an

 

employment contract is voided under this subsection, the

 

individual's employment is terminated, a collective bargaining

 

agreement that would otherwise apply to the individual's employment

 


does not apply to the termination, and the district, public school

 

academy, or nonpublic school or the board or governing body is not

 

liable for the termination.

 

     (4) For an applicant for a position as a substitute teacher,

 

or for an individual who regularly and continuously works under

 

contract in more than 1 school district, intermediate school

 

district, public school academy, or nonpublic school, if the

 

applicant or individual agrees in writing to allow a district,

 

public school academy, or nonpublic school to share the results of

 

the criminal records check with another district, public school

 

academy, or nonpublic school, then instead of requesting a criminal

 

records check under subsection (1), a school district, intermediate

 

school district, public school academy, or nonpublic school may use

 

results received by another district, public school academy, or

 

nonpublic school or maintained by the department to confirm that

 

the applicant or individual does not have any criminal history. If

 

that confirmation is not available, subsection (1) applies to the

 

applicant or individual.

 

     (5) If an applicant is being considered for employment by more

 

than 1 school district, intermediate school district, public school

 

academy, or nonpublic school and if the applicant agrees in writing

 

to allow a district, public school academy, or nonpublic school to

 

share the results of the criminal records check with another

 

district, public school academy, or nonpublic school, then a

 

district, public school academy, or nonpublic school may satisfy

 

the requirements of subsection (1) by obtaining a copy of the

 

results of the criminal records check from another district, public

 


school academy, or nonpublic school.

 

     (6) An applicant for employment shall give written consent at

 

the time of application for the criminal records division of the

 

department of state police to conduct the criminal records check

 

required under this section.

 

     (7) A school district, intermediate school district, public

 

school academy, or nonpublic school shall make a request to the

 

department of state police for a criminal records check under this

 

section on a form and in a manner prescribed by the department of

 

state police.

 

     (8) The results of a criminal records check under this section

 

shall be used by a school district, intermediate school district,

 

public school academy, or nonpublic school only for the purpose of

 

evaluating an individual's qualifications for employment or

 

assignment in the position for which he or she has applied or been

 

assigned and for the purposes of subsections (3), (4), and (5). A

 

member of the board of a district or of the governing body of a

 

public school academy or nonpublic school or an employee of a

 

district, public school academy, or nonpublic school shall not

 

disclose those results, except a misdemeanor conviction involving

 

sexual or physical abuse or any felony conviction, to any person

 

who is not directly involved in evaluating the individual's

 

qualifications for employment or assignment. However, for the

 

purposes of subsections (4) and (5), a person described in this

 

subsection may provide a copy of the results  under subsection (1)  

 

received under this section concerning the individual to an

 

appropriate representative of another district, public school

 


academy, or nonpublic school. Also, for an individual who is

 

regularly and continuously working under contract, a person

 

described in this subsection may provide a copy of the results

 

received under this section concerning the individual to an

 

appropriate representative of the individual's employer. A

 

representative of a district, public school academy, nonpublic

 

school, or of any other employer who receives a copy of a report or

 

receives results of a report from another source as authorized

 

under this subsection shall not disclose the report or its contents

 

or the results of a the report to any person who is not directly

 

involved in evaluating the individual's or applicant's

 

qualifications for employment or assignment. A person who violates

 

this subsection is guilty of a misdemeanor punishable by a fine of

 

not more than $10,000.00, but is not subject to the penalties under

 

section 1804.

 

     (9) Within 30 days after receiving a proper request by a

 

school district, intermediate school district, public school

 

academy, or nonpublic school for a criminal records check on an

 

individual under this section, the criminal records division of the

 

department of state police shall initiate the criminal records

 

check through the federal bureau of investigation. After conducting

 

the criminal records check required under this section for a school

 

district, intermediate school district,  or  public school academy,

 

or nonpublic school, the criminal records division of the

 

department of state police shall provide the results of the

 

criminal records check to the district,  or  public school academy,

 

or nonpublic school.  After conducting the criminal records check

 


required under this section for a nonpublic school, the criminal

 

records division of the department of state police shall notify the

 

nonpublic school of whether or not the criminal records check

 

disclosed any criminal history that is not disclosed in the report

 

on the individual provided to the nonpublic school under section

 

1230.

 

     (10) If the results received by a school district,

 

intermediate school district, public school academy, or nonpublic

 

school under subsection (9), or a report received under section

 

1230, 1230d(7), 1535a(15), or 1539b(15), disclose that an

 

individual has been convicted of a listed offense, then the school

 

district, intermediate school district, public school academy, or

 

nonpublic school shall take steps to verify that information using

 

public records and, if the information is verified, shall not

 

employ the individual in any capacity, as provided under section

 

1230c, and shall not allow the individual to regularly and

 

continuously work under contract in any of its schools. If the

 

results received by a school district, intermediate school

 

district, public school academy, or nonpublic school under

 

subsection (9), or a report received under section 1230, 1230d(7),

 

1535a(15), or 1539b(15), disclose that an individual has been

 

convicted of a felony other than a listed offense, then the school

 

district, intermediate school district, public school academy, or

 

nonpublic school shall take steps to verify that information using

 

public records and, if the information is verified using public

 

records, shall not employ the individual in any capacity or allow

 

the individual to regularly and continuously work under contract in

 


any of its schools unless the superintendent or chief administrator

 

and the governing board or governing body, if any, of the school

 

district, intermediate school district, public school academy, or

 

nonpublic school each specifically  approve  approves the

 

employment or work assignment in writing. If a school district,

 

intermediate school district, public school academy, or nonpublic

 

school receives results described in this subsection, within 30

 

days after receiving those results the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall submit to the department in the form and manner

 

prescribed by the department a report detailing the information and

 

any action taken as a result by the school district, intermediate

 

school district, public school academy, or nonpublic school.

 

     (11) If the criminal records check required under this section

 

has been completed for a particular individual and the results

 

reported to a school district, intermediate school district, public

 

school academy, or nonpublic school as provided under this section,

 

then another criminal records check is not required under this

 

section for that individual as long as the individual remains, with

 

no break in service other than normally scheduled academic calendar

 

breaks, employed or regularly and continuously working under

 

contract in a school in any school district, intermediate school

 

district, public school academy, or nonpublic school in this state.

 

     (12)  (11)  Subsection (1) does not apply to an individual who

 

is being employed by or assigned to regularly and continuously work

 

under contract in a school of a school district, intermediate

 

school district, public school academy, or nonpublic school if the

 


individual is not more than 19 years of age and is enrolled as a

 

general education pupil of  the  a school district, intermediate

 

school district, public school academy, or nonpublic school or is

 

not more than 26 years of age and is enrolled in special education

 

programs or services in  the  a school district, intermediate

 

school district, public school academy, or nonpublic school.

 

However, before employing the individual or assigning the

 

individual to regularly and continuously work under contract in a

 

school, the school district, intermediate school district, public

 

school academy, or nonpublic school shall perform a criminal

 

history check on that person using the department of state police's

 

internet criminal history access tool (ICHAT). If a search of the

 

department of state police's ICHAT reveals that the individual has

 

been convicted of a listed offense, then the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall take steps to verify that information using public

 

records and, if the information is verified using public records,

 

shall not employ the individual in any capacity, as provided under

 

section 1230c, and shall not allow the individual to regularly and

 

continuously work under contract in any of its schools. If a search

 

of the department of state police's ICHAT reveals that the

 

individual has been convicted of a felony other than a listed

 

offense, then the school district, intermediate school district,

 

public school academy, or nonpublic school shall take steps to

 

verify that information using public records and, if the

 

information is verified using public records, shall not employ the

 

individual in any capacity or allow the individual to regularly and

 


continuously work under contract in any of its schools unless the

 

superintendent or chief administrator and the board or governing

 

body of the school district, intermediate school district, public

 

school academy, or nonpublic school each specifically approves the

 

employment or work assignment in writing.

 

     (13)  (12)  As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1.

 

     (c)  (b)  "Listed offense" means that term as defined in

 

section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (d)  (c)  "Regularly and continuously work under contract"

 

means either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 


administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (e)  (d)  "School property" means that term as defined in

 

section 33 of the sex offenders registration act, 1994 PA 295, MCL

 

28.733.

 

     Sec. 1230c. (1) If a school official of a school district,

 

intermediate school district, public school academy, or nonpublic

 

school has notice from an authoritative source that an individual

 

has been convicted of a listed offense, the board of the school

 

district or intermediate school district, board of directors of the

 

public school academy, or governing board of the nonpublic school

 

shall take steps to verify that information using public records

 

and, if the information is verified using public records, shall not

 

employ that individual in any capacity or allow that person to

 

regularly and continuously work under contract in any of its

 

schools. If a school district, intermediate school district, public

 

school academy, or nonpublic school receives notice described in

 

this subsection, within 30 days after receiving that notice the

 

school district, intermediate school district, public school

 

academy, or nonpublic school shall submit to the department in the

 

form and manner prescribed by the department a report detailing the

 

information received and any action taken as a result by the school

 

district, intermediate school district, public school academy, or

 

nonpublic school.

 

     (2) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 


property, or on a school bus or other school-related vehicle.

 

     (b) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (c) "Regularly and continuously work under contract" means

 

either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (d) "School property" means that term as defined in section 33

 

of the sex offenders registration act, 1994 PA 295, MCL 28.733.

 

     Sec. 1230d. (1) If a person who is employed in any capacity by

 

a school district, intermediate school district, public school

 

academy, or nonpublic school; who has applied for a position with a

 

school district, intermediate school district, public school

 

academy, or nonpublic school and has had an initial criminal

 

history check under section 1230 or criminal records check under

 


section 1230a; or who is regularly and continuously working under

 

contract in a school district, intermediate school district, public

 

school academy, or nonpublic school, is charged with a crime listed

 

in section 1535a(1) or 1539b(1) or a violation of a substantially

 

similar law of another state, a political subdivision of this state

 

or another state, or of the United States, the person shall report

 

to the department and to the school district, intermediate school

 

district, public school academy, or nonpublic school that he or she

 

has been charged with the crime. All of the following apply to this

 

reporting requirement:

 

     (a) The person shall make the report on a form prescribed by

 

the department.

 

     (b) The person shall submit the report to the department and

 

to the superintendent of the school district or intermediate school

 

district or chief administrator of the public school academy or

 

nonpublic school.

 

     (c) The person shall submit the report within 3 business days

 

after being arraigned for the crime.

 

     (2) If a person who is employed in any capacity by or is

 

regularly and continuously working under contract in a school

 

district, intermediate school district, public school academy, or

 

nonpublic school enters a plea of guilt or no contest to or is the

 

subject of a finding of guilt by a judge or jury of any crime after

 

having been initially charged with a crime described in section

 

1535a(1) or 1539b(1), then the person immediately shall disclose to

 

the court, on a form prescribed by the state court administrative

 

office, that he or she is employed by or regularly and continuously

 


working under contract in a school district, intermediate school

 

district, public school academy, or nonpublic school. The person

 

shall immediately provide a copy of the form to the prosecuting

 

attorney in charge of the case, to the superintendent of public

 

instruction, and to the superintendent or chief administrator of

 

the school district, intermediate school district, public school

 

academy, or nonpublic school.

 

     (3) A person who violates subsection (1) or (2) is guilty of a

 

crime, as follows:

 

     (a) If the person violates either subsection (1) or (2) and

 

the crime involved in the violation is a misdemeanor that is a

 

listed offense or is a felony, the person is guilty of a felony

 

punishable by imprisonment for not more than 2 years or a fine of

 

not more than $2,000.00, or both.

 

     (b) If the person violates either subsection (1) or (2) and

 

the crime involved in the violation is a misdemeanor that is not a

 

listed offense, the person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (4) A person who violates subsection (1) or (2) may be

 

discharged from his or her employment or have his or her contract

 

terminated. If the board of a school district or intermediate

 

school district or board of directors of a public school academy

 

finds, after providing notice and the opportunity for a hearing,

 

that a person employed by the school district, intermediate school

 

district, or public school academy has violated subsection (1) or

 

(2), the board or board of directors may discharge the person from

 


his or her employment. However, if a collective bargaining

 

agreement that applies to the affected person is in effect as of  

 

the effective date of this section  January 1, 2006, and if that

 

collective bargaining agreement is not in compliance with this

 

subsection, then this subsection does not apply to that school

 

district, intermediate school district, or public school academy

 

until after the expiration of that collective bargaining agreement.

 

     (5) If a person submits a report that he or she has been

 

charged with a crime, as required under subsection (1), and the

 

person is subsequently not convicted of any crime after the

 

completion of judicial proceedings resulting from that charge, then

 

the person may request the department and the school district,

 

intermediate school district, public school academy, or nonpublic

 

school to delete the report from its records concerning the person.

 

Upon receipt of the request from the person and of documentation

 

verifying that the person was not convicted of any crime after the

 

completion of judicial proceedings resulting from that charge, the

 

department or a school district, intermediate school district,

 

public school academy, or nonpublic school shall delete the report

 

from its records concerning the person.

 

     (6) If the prosecuting attorney in charge of a case receives a

 

form as provided under subsection (2), the prosecuting attorney

 

shall notify the superintendent of public instruction and the

 

superintendent or chief administrator of any school district,

 

intermediate school district, public school academy, or nonpublic

 

school in which the person is employed by forwarding a copy of the

 

form to each of them not later than 7 days after receiving the

 


form. If the court receives a form as provided under subsection

 

(2), the court shall notify the superintendent of public

 

instruction and the superintendent or chief administrator of any

 

school district, intermediate school district, public school

 

academy, or nonpublic school in which the person is employed by

 

forwarding to each of them a copy of the form and information

 

regarding the sentence imposed on the person not later than 7 days

 

after the date of sentencing, even if the court is maintaining the

 

file as a nonpublic record.

 

     (7) The department of information technology shall work with

 

the department and the department of state police to develop and

 

implement an automated program that does a comparison of the

 

department's list of registered educational personnel, and of any

 

other list maintained by the department of individuals employed or

 

regularly and continuously working under contract in a school, with

 

the conviction information received by the department of state

 

police. This comparison shall only include individuals who are

 

actually school employees at the time of the comparison or who are

 

regularly and continuously working under contract at the time of

 

the comparison. Unless otherwise prohibited by law, this comparison

 

shall include convictions contained in a nonpublic record. The

 

department and the department of state police shall perform this

 

comparison during January and June of each year until July 1, 2008.

 

The department of state police shall take all reasonable and

 

necessary measures using the available technology to ensure the

 

accuracy of this comparison before transmitting the information

 

under this subsection to the department. The department shall take

 


all reasonable and necessary measures using the available

 

technology to ensure the accuracy of this comparison before

 

notifying a school district, intermediate school district, public

 

school academy, or nonpublic school of a conviction. If a

 

comparison discloses that a person on the department's list of

 

registered educational personnel has been convicted of a crime, the

 

department shall notify the superintendent or chief administrator

 

and the board or governing body of the school district,

 

intermediate school district, public school academy, or nonpublic

 

school in which the person is employed of that conviction.

 

     (8) Not later than May 1, 2006, the department shall submit a

 

report to the legislature that details the number of individuals

 

who were on the department's list of registered educational

 

personnel as of January 1, 2006, who were school employees or

 

regularly and continuously working under contract as of January 1,

 

2006, and who have been convicted of a listed offense or any

 

felony.

 

     (9) If a school district, intermediate school district, public

 

school academy, or nonpublic school receives a report under this

 

section of a conviction, within 30 days after receiving the report

 

the school district, intermediate school district, public school

 

academy, or nonpublic school shall submit to the department in the

 

form and manner prescribed by the department a report detailing the

 

information received and any action taken as a result by the school

 

district, intermediate school district, public school academy, or

 

nonpublic school.

 

     (10)  (9)  As used in this section:

 


     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1.

 

     (c)  (b)  "Listed offense" means that term as defined in

 

section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (d)  (c)  "Regularly and continuously work under contract"

 

means either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (e)  (d)  "School property" means that term as defined in

 

section 33 of the sex offenders registration act, 1994 PA 295, MCL

 

28.733.

 


     Sec. 1230e. (1) Not later than January 1, 2007, the department

 

shall include in its list of registered educational personnel all

 

individuals who are employed by a school district, intermediate

 

school district, public school academy, or nonpublic school and all

 

individuals who are assigned to regularly and continuously work

 

under contract in a school operated by a school district,

 

intermediate school district, public school academy, or nonpublic

 

school.

 

     (2) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Regularly and continuously work under contract" means

 

either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 


     (c) "School property" means that term as defined in section 33

 

of the sex offenders registration act, 1994 PA 295, MCL 28.733.

 

     Sec. 1230g. (1) Not later than July 1, 2008, the board of a

 

school district or intermediate school district, the board of

 

directors of a public school academy, or the governing body of a

 

nonpublic school shall do both of the following for each individual

 

who, as of  January 1, 2006  December 1, 2005, is either a full-

 

time or part-time employee of the school district, intermediate

 

school district, public school academy, or nonpublic school or is

 

assigned to regularly and continuously work under contract in any

 

of its schools and who, as of the date of initiation of the

 

criminal history and criminal records checks under this section, is

 

still either a full-time or part-time employee of the school

 

district, intermediate school district, public school academy, or

 

nonpublic school or is assigned to regularly and continuously work

 

under contract in a school in any of its schools:

 

     (a) Request from the criminal records division of the

 

department of state police a criminal history check on the

 

individual.

 

     (b) Request the department of state police to conduct a

 

criminal records check on the individual through the federal bureau

 

of investigation. The board, board of directors, or governing board

 

shall require the individual to submit his or her fingerprints to

 

the department of state police for the purposes of this

 

subdivision. The department of state police may charge a fee for

 

conducting the criminal records check.

 

     (2) For an individual employed or regularly and continuously

 


working under contract as a substitute teacher, instead of

 

requesting a criminal history check and criminal records check

 

under subsection (1), a school district, intermediate school

 

district, public school academy, or nonpublic school may use

 

results received by another district, public school academy, or

 

nonpublic school or maintained by the department to confirm that

 

the individual does not have any criminal history. If that

 

confirmation is not available, subsection (1) applies to the

 

individual.

 

     (3) If an individual described in subsection (1) is employed

 

by or regularly and continuously working under contract in more

 

than 1 school district, intermediate school district, public school

 

academy, or nonpublic school and if the individual agrees in

 

writing to allow a district, public school academy, or nonpublic

 

school to share the results of the criminal history check or

 

criminal records check with another district, public school

 

academy, or nonpublic school, then a district, public school

 

academy, or nonpublic school may satisfy the requirements of

 

subsection (1) by obtaining a copy of the results of the criminal

 

history check or criminal records check from another district,

 

public school academy, or nonpublic school.

 

     (4) An individual described in subsection (1) shall give

 

written consent for the criminal records division of the department

 

of state police to conduct the criminal history check and criminal

 

records check required under this section and shall submit his or

 

her fingerprints to the department of state police for the purposes

 

of the criminal records check. If an individual does not comply

 


with this subsection or otherwise fails to cooperate with a school

 

district, intermediate school district, public school academy, or

 

nonpublic school that is seeking to comply with subsection (1)

 

concerning the individual, then the school district, intermediate

 

school district, public school academy, or nonpublic school shall

 

not employ the individual in any capacity and shall not allow the

 

individual to regularly and continuously work under contract in any

 

of its schools.

 

     (5) A school district, intermediate school district, public

 

school academy, or nonpublic school shall make a request to the

 

department of state police for the criminal history check and

 

criminal records check under this section on a form and in a manner

 

prescribed by the department of state police.

 

     (6) The results of a criminal history check and criminal

 

records check under this section shall be used by a school

 

district, intermediate school district, public school academy, or

 

nonpublic school only for the purpose of evaluating an individual's

 

qualifications for employment or assignment in his or her position

 

and for the purposes of subsections (2) and (3). A member of the

 

board of a school district or intermediate school district, of the

 

board of directors of a public school academy, or of the governing

 

body of a nonpublic school or an employee of a district, public

 

school academy, or nonpublic school shall not disclose those

 

results, except a misdemeanor conviction involving sexual or

 

physical abuse or any felony conviction, to any person who is not

 

directly involved in evaluating the individual's qualifications for

 

employment or assignment. However, for the purposes of subsections

 


(2) and (3), a person described in this subsection may provide a

 

copy of the results  under subsection (1)  received under this

 

section concerning the individual to an appropriate representative

 

of another district, public school academy, or nonpublic school.

 

Also, for an individual who is regularly and continuously working

 

under contract, a person described in this subsection may provide a

 

copy of the results received under this section concerning the

 

individual to an appropriate representative of the individual's

 

employer. A representative of a district, public school academy,

 

nonpublic school, or of any other employer who receives a copy of a

 

report or receives results of a report from another source as

 

authorized under this subsection shall not disclose the report or

 

its contents or the results of a the report to any person who is

 

not directly involved in evaluating the individual's or applicant's

 

qualifications for employment or assignment. A person who violates

 

this subsection is guilty of a misdemeanor punishable by a fine of

 

not more than $10,000.00, but is not subject to the penalties under

 

section 1804.

 

     (7) Within 30 days after receiving a proper request by a

 

school district, intermediate school district, public school

 

academy, or nonpublic school for a criminal history check and

 

criminal records check on an individual under this section, the

 

criminal records division of the department of state police shall

 

do both of the following:

 

     (a) Conduct the criminal history check and, after conducting

 

the criminal history check and within that time period, provide a

 

report of the results of the criminal history check to the

 


district, public school academy, or nonpublic school. The report

 

shall contain any criminal history record information on the

 

individual that is maintained by the criminal records division of

 

the department of state police.

 

     (b) Initiate the criminal records check through the federal

 

bureau of investigation. After conducting the criminal records

 

check required under this section for a school district,

 

intermediate school district,  or  public school academy, or

 

nonpublic school, the criminal records division of the department

 

of state police shall provide the results of the criminal records

 

check to the district,  or  public school academy, or nonpublic

 

school.  After conducting the criminal records check required under

 

this section for a nonpublic school, the criminal records division

 

of the department of state police shall notify the nonpublic school

 

of whether or not the criminal records check disclosed any criminal

 

history that is not disclosed in the criminal history check report

 

on the individual provided to the nonpublic school under

 

subdivision (a).

 

     (8) If the results received by a school district, intermediate

 

school district, public school academy, or nonpublic school under

 

subsection (7), or a report received under section 1230a, 1230d(7),

 

1535a(15), or 1539b(15), disclose that an individual has been

 

convicted of a listed offense, then the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall take steps to verify that information using public

 

records and, if the information is verified, shall not employ the

 

individual in any capacity, as provided under section 1230c, and

 


shall not allow the individual to regularly and continuously work

 

under contract in any of its schools. If the results received by a

 

school district, intermediate school district, public school

 

academy, or nonpublic school under subsection (7), or a report

 

received under section 1230a, 1230d(7), 1535a(15), or 1539b(15),

 

disclose that an individual has been convicted of a felony other

 

than a listed offense, then the school district, intermediate

 

school district, public school academy, or nonpublic school shall

 

take steps to verify that information using public records and, if

 

the information is verified using public records, shall not employ

 

the individual in any capacity or allow the individual to regularly

 

and continuously work under contract in any of its schools unless

 

the superintendent or chief administrator and the governing board

 

or governing body, if any, of the school district, intermediate

 

school district, public school academy, or nonpublic school each

 

specifically  approve  approves the employment or work assignment

 

in writing. If a school district, intermediate school district,

 

public school academy, or nonpublic school receives results

 

described in this subsection, within 30 days after receiving those

 

results the school district, intermediate school district, public

 

school academy, or nonpublic school shall submit to the department

 

in the form and manner prescribed by the department a report

 

detailing the information received and any action taken as a result

 

by the school district, intermediate school district, public school

 

academy, or nonpublic school.

 

     (9) If the criminal history check and criminal records check

 

required under this section have been completed for a particular

 


individual and the results reported to a school district,

 

intermediate school district, public school academy, or nonpublic

 

school as provided under this section, then another criminal

 

history check or criminal records check is not required under this

 

section for that individual as long as the individual remains, with

 

no break in service other than normally scheduled academic calendar

 

breaks, employed or regularly and continuously working under

 

contract in a school in any school district, intermediate school

 

district, public school academy, or nonpublic school in this state.

 

     (10)  (9)  Subsection (1) does not apply to an individual who

 

is an employee or is assigned to regularly and continuously work

 

under contract in a school of a school district, intermediate

 

school district, public school academy, or nonpublic school if the

 

individual is not more than 19 years of age and is enrolled as a

 

general education pupil of  the  a school district, intermediate

 

school district, public school academy, or nonpublic school or is

 

not more than 26 years of age and is enrolled in special education

 

programs or services in  the  a school district, intermediate

 

school district, public school academy, or nonpublic school.

 

However, the school district, intermediate school district, public

 

school academy, or nonpublic school shall perform a criminal

 

history check on that person using the department of state police's

 

internet criminal history access tool (ICHAT). If a search of the

 

department of state police's ICHAT reveals that the individual has

 

been convicted of a listed offense, then the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall not employ the individual in any capacity, as provided

 


under section 1230c, and shall not allow the individual to

 

regularly and continuously work under contract in any of its

 

schools. If a search of the department of state police's ICHAT

 

reveals that the individual has been convicted of a felony other

 

than a listed offense, then the school district, intermediate

 

school district, public school academy, or nonpublic school shall

 

not employ the individual in any capacity or allow the individual

 

to regularly and continuously work under contract in any of its

 

schools unless the superintendent or chief administrator and the

 

board or governing body of the school district, intermediate school

 

district, public school academy, or nonpublic school each

 

specifically approves the employment or work assignment in writing.

 

     (11)  (10)  As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1.

 

     (c)  (b)  "Listed offense" means that term as defined in

 

section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (d)  (c)  "Regularly and continuously work under contract"

 

means either of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 


transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

 

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (e)  (d)  "School property" means that term as defined in

 

section 33 of the sex offenders registration act, 1994 PA 295, MCL

 

28.733.

 

     Sec. 1535a. (1) Subject to subsection (2), if a person who

 

holds a teaching certificate that is valid in this state has been

 

convicted of a crime described in this subsection, within 10

 

working days after receiving notice of the conviction the

 

superintendent of public instruction shall notify the person in

 

writing that his or her teaching certificate may be suspended

 

because of the conviction and of his or her right to a hearing

 

before the superintendent of public instruction. The hearing shall

 

be conducted as a contested case under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the

 

person does not avail himself or herself of this right to a hearing

 

within 15 working days after receipt of this written notification,

 

the teaching certificate of that person shall be suspended. If a

 

hearing takes place, the superintendent of public instruction shall

 


complete the proceedings and make a final decision and order within

 

120 working days after receiving the request for a hearing. Subject

 

to subsection (2), the superintendent of public instruction may

 

suspend the person's teaching certificate based upon the issues and

 

evidence presented at the hearing. This subsection applies to any

 

of the following crimes:

 

     (a) Any felony.

 

     (b) Any of the following misdemeanors:

 

     (i) Criminal sexual conduct in the fourth degree or an attempt

 

to commit criminal sexual conduct in the fourth degree.

 

     (ii) Child abuse in the third or fourth degree or an attempt to

 

commit child abuse in the third or fourth degree.

 

     (iii) A misdemeanor involving cruelty, torture, or indecent

 

exposure involving a child.

 

     (iv) A misdemeanor violation of section 7410 of the public

 

health code, 1978 PA 368, MCL 333.7410.

 

     (v) A violation of section 115, 141a, 145a, 335a, or 359 of

 

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

 

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

 

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.81, 750.81a, and 750.145d.

 

     (vi) A misdemeanor violation of section 701 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

 

     (vii) Any misdemeanor that is a listed offense.

 

     (c) A violation of a substantially similar law of another

 

state, of a political subdivision of this state or another state,

 

or of the United States.

 


     (2) If a person who holds a teaching certificate that is valid

 

in this state has been convicted of a crime described in this

 

subsection, the superintendent of public instruction shall find

 

that the public health, safety, or welfare requires emergency

 

action and shall order summary suspension of the person's teaching

 

certificate under section 92 of the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.292, and shall subsequently provide an

 

opportunity for a hearing as provided under that section. This

 

subsection does not limit the superintendent of public

 

instruction's ability to order summary suspension of a person's

 

teaching certificate for a reason other than described in this

 

subsection. This subsection applies to conviction of any of the

 

following crimes:

 

     (a) Criminal sexual conduct in any degree, assault with intent

 

to commit criminal sexual conduct, or an attempt to commit criminal

 

sexual conduct in any degree.

 

     (b) Felonious assault on a child, child abuse in the first

 

degree, or an attempt to commit child abuse in the first degree.

 

     (c) Cruelty, torture, or indecent exposure involving a child.

 

     (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

 

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

 

333.7403, 333.7410, and 333.7416.

 

     (e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

 

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

 

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

 

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

 

violation of section 145d of the Michigan penal code, 1931 PA 328,

 


MCL 750.145d.

 

     (f) A violation of section 158 of the Michigan penal code,

 

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

 

years of age.

 

     (g) Except for a juvenile disposition or adjudication, a

 

violation of section 338, 338a, or 338b of the Michigan penal code,

 

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

 

individual less than 18 years of age.

 

     (h) A violation of section 349 of the Michigan penal code,

 

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

 

years of age.

 

     (i) An offense committed by a person who was, at the time of

 

the offense, a sexually delinquent person as defined in section 10a

 

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

 

     (j) Any other crime that is a listed offense.

 

     (k)  (j)  An attempt or conspiracy to commit an offense listed

 

in subdivision (a), (e), (f), (g), (h),  or  (i), or (j).

 

     (l)  (k)  A violation of a substantially similar law of another

 

state, of a political subdivision of this state or another state,

 

or of the United States.

 

     (m)  (l)  Any other crime listed in subsection (1), if the

 

superintendent of public instruction determines the public health,

 

safety, or welfare requires emergency action based on the

 

circumstances underlying the conviction.

 

     (3) All of the following apply to proceedings to suspend or

 

revoke a person's teaching certificate under this section:

 

     (a) The superintendent of public instruction shall appoint a

 


designee to perform the investigatory and prosecutorial functions

 

involved in the proceedings.

 

     (b) The superintendent of public instruction shall take final

 

action with regard to a suspension or revocation of a person's

 

teaching certificate.

 

     (c) The superintendent of public instruction after a hearing

 

shall not take action against a person's teaching certificate under

 

subsection (1) or (2) unless the superintendent of public

 

instruction finds that the conviction is reasonably and adversely

 

related to the person's present fitness to serve in an elementary

 

or secondary school in this state or that the conviction

 

demonstrates that the person is unfit to teach in an elementary or

 

secondary school in this state. Further, the superintendent of

 

public instruction may take action against a person's teaching

 

certificate under subsection (1) or (2) based on a conviction that

 

occurred before  the effective date of the amendatory act that

 

added this subsection  April 1, 2004 if the superintendent of

 

public instruction finds that the conviction is reasonably and

 

adversely related to the person's present fitness to serve in an

 

elementary or secondary school in this state or that the conviction

 

demonstrates that the person is unfit to teach in an elementary or

 

secondary school in this state. For the purposes of this section,

 

conviction of a listed offense is reasonably and adversely related

 

to the person's fitness to serve in an elementary or secondary

 

school in this state and demonstrates that the person is unfit to

 

teach in an elementary or secondary school in this state.

 

     (4) If a person who has entered a plea of guilt or no contest

 


to or who is the subject of a finding of guilt by a judge or jury

 

of a crime listed in subsection (2) has been suspended from active

 

performance of duty by a public school, school district,

 

intermediate school district, or nonpublic school during the

 

pendency of proceedings under this section, the public school,

 

school district, intermediate school district, or nonpublic school

 

employing the person shall discontinue the person's compensation

 

until the superintendent of public instruction has made a final

 

determination of whether or not to suspend or revoke the person's

 

teaching certificate. If the superintendent of public instruction

 

does not suspend or revoke the person's teaching certificate, the

 

public school, school district, intermediate school district, or

 

nonpublic school shall make the person whole for lost compensation,

 

without interest. However, if a collective bargaining agreement is

 

in effect as of  the effective date of this subsection  January 1,

 

2006 for employees of a school district, intermediate school

 

district, or public school academy, and if the terms of that

 

collective bargaining agreement are inconsistent with this

 

subsection, then this subsection does not apply to that school

 

district, intermediate school district, or public school academy

 

until after the expiration of that collective bargaining agreement.

 

     (5) Except as otherwise provided in this subsection, after the

 

completion of a person's sentence, the person may request a hearing  

 

before the superintendent of public instruction  on reinstatement

 

of his or her teaching certificate. Based upon the issues and

 

evidence presented at the hearing, the superintendent of public

 

instruction may reinstate, continue the suspension of, or

 


permanently revoke the person's teaching certificate. The

 

superintendent of public instruction shall not reinstate a person's

 

teaching certificate unless the superintendent of public

 

instruction finds that the person is currently fit to serve in an

 

elementary or secondary school in this state and that reinstatement

 

of the person's teaching certificate will not adversely affect the

 

health, safety, and welfare of pupils. If a person's conviction was

 

for a listed offense, the person is not entitled to request a

 

hearing on reinstatement under this subsection, and the

 

superintendent of public instruction shall not reinstate the

 

person's teaching certificate under this subsection.

 

     (6) All of the following apply to a person described in this

 

section whose conviction is reversed upon final appeal:

 

     (a) The person's teaching certificate shall be reinstated upon

 

his or her notification to the superintendent of public instruction

 

of the reversal.

 

     (b) If the suspension of the person's teaching certificate

 

under this section was the sole cause of his or her discharge from

 

employment, the person shall be reinstated, upon his or her

 

notification to the appropriate local or intermediate school board

 

of the reversal, with full rights and benefits, to the position he

 

or she would have had if he or she had been continuously employed.

 

     (c) If the person's compensation was discontinued under

 

subsection (4), the public school, school district, intermediate

 

school district, or nonpublic school shall make the person whole

 

for lost compensation.

 

     (7) If the prosecuting attorney in charge of a case receives a

 


form as provided under section 1230d, the prosecuting attorney

 

shall notify the superintendent of public instruction, and any

 

public school, school district, intermediate school district, or

 

nonpublic school in which the person is employed by forwarding a

 

copy of the form to each of them not later than 7 days after

 

receiving the form. If the court receives a form as provided under

 

section 1230d, the court shall notify the superintendent of public

 

instruction and any public school, school district, intermediate

 

school district, or nonpublic school in which the person is

 

employed by forwarding to each of them a copy of the form and

 

information regarding the sentence imposed on the person not later

 

than 7 days after the date of sentencing, even if the court is

 

maintaining the file as a nonpublic record.

 

     (8) Not later than 7 days after receiving notification from

 

the prosecuting attorney or the court under subsection (7) or

 

learning through an authoritative source that a person who holds a

 

teaching certificate has been convicted of a crime listed in

 

subsection (1), the superintendent of public instruction shall

 

request the court to provide a certified copy of the judgment of

 

conviction and sentence or other document regarding the disposition

 

of the case to the superintendent of public instruction and shall

 

pay any fees required by the court. The court shall provide this

 

certified copy within 7 days after receiving the request and fees

 

under this section or after entry of the judgment or other

 

document, whichever is later, even if the court is maintaining the

 

judgment or other document as a nonpublic record.

 

     (9) If the superintendent of a school district or intermediate

 


school district, the chief administrative officer of a nonpublic

 

school, the president of the board of a school district or

 

intermediate school district, or the president of the governing

 

board of a nonpublic school is notified or learns through an

 

authoritative source that a person who holds a teaching certificate

 

and who is employed by the school district, intermediate school

 

district, or nonpublic school has been convicted of a crime

 

described in subsection (1) or (2), the superintendent, chief

 

administrative officer, or board president shall notify the

 

superintendent of public instruction of that conviction within 15

 

days after learning of the conviction.

 

     (10) For the purposes of this section, a certified copy of the

 

judgment of conviction and sentence is conclusive evidence of

 

conviction of a crime described in this section. For the purposes

 

of this section, conviction of a crime described in this section is

 

considered to be reasonably and adversely related to the ability of

 

the person to serve in an elementary or secondary school and is

 

sufficient grounds for suspension or revocation of the person's

 

teaching certificate.

 

     (11) For any hearing under subsection (1), if the

 

superintendent of public instruction does not  complete the hearing

 

procedures and  make a final decision and order within 120 working

 

days after receiving the request for the hearing, as required under

 

subsection (1), the superintendent of public instruction shall

 

submit a report detailing the reasons for the delay to the standing

 

committees and appropriations subcommittees of the senate and house

 

of representatives that have jurisdiction over education and

 


education appropriations. The failure of the superintendent of

 

public instruction to  complete the hearing procedures and  make a

 

final decision and order within this 120 working day time limit, or

 

the failure of any other official or agency to meet a time limit

 

prescribed in this section, does not affect the validity of an

 

action taken under this section affecting a person's teaching

 

certificate.

 

     (12) Beginning July 1, 2004, the superintendent of public

 

instruction shall submit to the legislature a quarterly report of

 

all final actions he or she has taken under this section affecting

 

a person's teaching certificate during the preceding quarter. The

 

report shall contain at least all of the following with respect to

 

each person whose teaching certificate has been affected:

 

     (a) The person's name, as it appears on the teaching

 

certificate.

 

     (b) The school district, intermediate school district, public

 

school academy, or nonpublic school in which the person was

 

employed at the time of the conviction, if any.

 

     (c) The offense for which the person was convicted and the

 

date of the offense and date of the conviction.

 

     (d) Whether the action taken by the superintendent of public

 

instruction was a summary suspension, suspension due to failure to

 

request a hearing, suspension, revocation, or reinstatement of the

 

teaching certificate.

 

     (13) This section does not do any of the following:

 

     (a) Prohibit a person who holds a teaching certificate from

 

seeking monetary compensation from a school board or intermediate

 


school board if that right is available under a collective

 

bargaining agreement or another statute.

 

     (b) Limit the rights and powers granted to a school district

 

or intermediate school district under a collective bargaining

 

agreement, this act, or another statute to discipline or discharge

 

a person who holds a teaching certificate.

 

     (14) The superintendent of public instruction may promulgate,

 

as necessary, rules to implement this section pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (15) The department of information technology shall work with

 

the department and the department of state police to develop and

 

implement an automated program that does a comparison of the

 

department's list of individuals holding a teaching certificate or

 

state board approval, and of any other list maintained by the

 

department of individuals employed or regularly and continuously

 

working under contract in a school, with the conviction information

 

received by the department of state police. This comparison shall

 

only include individuals who are actually school employees at the

 

time of the comparison or who are regularly and continuously

 

working under contract at the time of the comparison. Unless

 

otherwise prohibited by law, this comparison shall include

 

convictions contained in a nonpublic record. The department and the

 

department of state police shall perform this comparison during

 

January and June of each year until July 1, 2008. The department of

 

state police shall take all reasonable and necessary measures using

 

the available technology to ensure the accuracy of this comparison

 


before transmitting the information under this subsection to the

 

department. The department shall take all reasonable and necessary

 

measures using the available technology to ensure the accuracy of

 

this comparison before notifying a school district, intermediate

 

school district, public school academy, or nonpublic school of a

 

conviction. If a comparison discloses that a person on the

 

department's list of individuals holding a teaching certificate or

 

state board approval has been convicted of a crime, the department

 

shall notify the superintendent or chief administrator and the

 

board or governing body of the school district, intermediate school

 

district, public school academy, or nonpublic school in which the

 

person is employed of that conviction.

 

     (16) Not later than May 1, 2006, the department shall submit a

 

report to the legislature that details the number of individuals

 

holding a teaching certificate or state board approval who were

 

school employees or regularly and continuously working under

 

contract as of January 1, 2006 and who have been convicted of a

 

listed offense or any felony.

 

     (17) As used in this section:

 

     (a) "Conviction" means a judgment entered by a court upon a

 

plea of guilty, guilty but mentally ill, or nolo contendere or upon

 

a jury verdict or court finding that a defendant is guilty or

 

guilty but mentally ill.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1.

 

     (c)  (b)  "Listed offense" means that term as defined in

 


section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (d)  (c)  "Prosecuting attorney" means the prosecuting

 

attorney for a county, an assistant prosecuting attorney for a

 

county, the attorney general, the deputy attorney general, an

 

assistant attorney general, a special prosecuting attorney, or, in

 

connection with the prosecution of an ordinance violation, an

 

attorney for the political subdivision that enacted the ordinance

 

upon which the violation is based.

 

     (e)  (d)  "Regularly and continuously work under contract"

 

means that term as defined in section 1230d.

 

     Sec. 1539b. (1) Subject to subsection (2), if a person who

 

holds state board approval has been convicted of a crime described

 

in this subsection, within 10 working days after receiving notice

 

of the conviction the superintendent of public instruction shall

 

notify the person in writing that his or her state board approval

 

may be suspended because of the conviction and of his or her right

 

to a hearing before the superintendent of public instruction. The

 

hearing shall be conducted as a contested case under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328. If the person does not avail himself or herself of this

 

right to a hearing within 15 working days after receipt of this

 

written notification, the person's state board approval shall be

 

suspended. If a hearing takes place, the superintendent of public

 

instruction shall complete the proceedings and make a final

 

decision and order within 120 working days after receiving the

 

request for a hearing. Subject to subsection (2), the

 


superintendent of public instruction may suspend the person's state

 

board approval, based upon the issues and evidence presented at the

 

hearing. This subsection applies to any of the following crimes:

 

     (a) Any felony.

 

     (b) Any of the following misdemeanors:

 

     (i) Criminal sexual conduct in the fourth degree or an attempt

 

to commit criminal sexual conduct in the fourth degree.

 

     (ii) Child abuse in the third or fourth degree or an attempt to

 

commit child abuse in the third or fourth degree.

 

     (iii) A misdemeanor involving cruelty, torture, or indecent

 

exposure involving a child.

 

     (iv) A misdemeanor violation of section 7410 of the public

 

health code, 1978 PA 368, MCL 333.7410.

 

     (v) A violation of section 115, 141a, 145a, 335a, or 359 of

 

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

 

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

 

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.81, 750.81a, and 750.145d.

 

     (vi) A misdemeanor violation of section 701 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

 

     (vii) Any misdemeanor that is a listed offense.

 

     (c) A violation of a substantially similar law of another

 

state, of a political subdivision of this state or another state,

 

or of the United States.

 

     (2) If a person who holds state board approval has been

 

convicted of a crime described in this subsection, the

 

superintendent of public instruction shall find that the public

 


health, safety, or welfare requires emergency action and shall

 

order summary suspension of the person's state board approval under

 

section 92 of the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.292, and shall subsequently provide an opportunity for

 

a hearing as required under that section. This subsection does not

 

limit the superintendent of public instruction's ability to order

 

summary suspension of a person's state board approval for a reason

 

other than described in this subsection. This subsection applies to

 

conviction of any of the following crimes:

 

     (a) Criminal sexual conduct in any degree, assault with intent

 

to commit criminal sexual conduct, or an attempt to commit criminal

 

sexual conduct in any degree.

 

     (b) Felonious assault on a child, child abuse in the first

 

degree, or an attempt to commit child abuse in the first degree.

 

     (c) Cruelty, torture, or indecent exposure involving a child.

 

     (d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

 

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

 

333.7403, 333.7410, and 333.7416.

 

     (e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

 

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

 

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

 

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

 

violation of section 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.145d.

 

     (f) A violation of section 158 of the Michigan penal code,

 

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

 

years of age.

 


     (g) Except for a juvenile disposition or adjudication, a

 

violation of section 338, 338a, or 338b of the Michigan penal code,

 

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

 

individual less than 18 years of age.

 

     (h) A violation of section 349 of the Michigan penal code,

 

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

 

years of age.

 

     (i) An offense committed by a person who was, at the time of

 

the offense, a sexually delinquent person as defined in section 10a

 

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

 

     (j) Any other crime that is a listed offense.

 

     (k)  (j)  An attempt or conspiracy to commit an offense listed

 

in subdivision (a), (e), (f), (g), (h),  or  (i), or (j).

 

     (l)  (k)  A violation of a substantially similar law of another

 

state, of a political subdivision of this state or another state,

 

or of the United States.

 

     (m)  (l)  Any other crime listed in subsection (1), if the

 

superintendent of public instruction determines the public health,

 

safety, or welfare requires emergency action based on the

 

circumstances underlying the conviction.

 

     (3) All of the following apply to proceedings to suspend or

 

revoke a person's state board approval under this section:

 

     (a) The superintendent of public instruction shall appoint a

 

designee to perform the investigatory and prosecutorial functions

 

involved in the proceedings.

 

     (b) The superintendent of public instruction shall take final

 

action with regard to a suspension or revocation of a person's

 


state board approval.

 

     (c) The superintendent of public instruction after a hearing

 

shall not take action against a person's state board approval under

 

subsection (1) or (2) unless the superintendent of public

 

instruction finds that the conviction is reasonably and adversely

 

related to the person's present fitness to serve in an elementary

 

or secondary school in this state or that the conviction

 

demonstrates that the person is unfit to teach in an elementary or

 

secondary school in this state. Further, the superintendent of

 

public instruction may take action against a person's state board

 

approval under subsection (1) or (2) based on a conviction that

 

occurred before  the effective date of the amendatory act that

 

added this subsection  April 1, 2004 if the superintendent of

 

public instruction finds that the conviction is reasonably and

 

adversely related to the person's present fitness to serve in an

 

elementary or secondary school in this state. For the purposes of

 

this section, conviction of a listed offense is reasonably and

 

adversely related to the person's fitness to serve in an elementary

 

or secondary school in this state and demonstrates that the person

 

is unfit to teach in an elementary or secondary school in this

 

state.

 

     (4) If a person who has entered a plea of guilt or no contest

 

to or who is the subject of a finding of guilt by a judge or jury

 

of a crime listed in subsection (2) has been suspended from active

 

performance of duty by a public school, school district,

 

intermediate school district, or nonpublic school during the

 

pendency of proceedings under this section, the public school,

 


school district, intermediate school district, or nonpublic school

 

employing the person shall discontinue the person's compensation

 

until the superintendent of public instruction has made a final

 

determination of whether or not to suspend or revoke the person's

 

state board approval. If the superintendent of public instruction

 

does not suspend or revoke the person's state board approval, the

 

public school, school district, intermediate school district, or

 

nonpublic school shall make the person whole for lost compensation,

 

without interest. However, if a collective bargaining agreement is

 

in effect as of  the effective date of this subsection  January 1,

 

2006 for employees of a school district, intermediate school

 

district, or public school academy, and if the terms of that

 

collective bargaining agreement are inconsistent with this

 

subsection, then this subsection does not apply to that school

 

district, intermediate school district, or public school academy

 

until after the expiration of that collective bargaining agreement.

 

     (5) Except as otherwise provided in this subsection, after the

 

completion of the person's sentence, the person may request a

 

hearing  before the superintendent of public instruction  on

 

reinstatement of his or her state board approval. Based upon the

 

issues and evidence presented at the hearing, the superintendent of

 

public instruction may reinstate, continue the suspension of, or

 

permanently revoke the person's state board approval. The

 

superintendent of public instruction shall not reinstate a person's

 

state board approval unless the superintendent of public

 

instruction finds that the person is currently fit to serve in an

 

elementary or secondary school in this state and that reinstatement

 


of the person's state board approval will not adversely affect the

 

health, safety, and welfare of pupils. If a person's conviction was

 

for a listed offense, the person is not entitled to request a

 

hearing on reinstatement under this subsection, and the

 

superintendent of public instruction shall not reinstate the

 

person's state board approval under this subsection.

 

     (6) All of the following apply to a person described in this

 

section whose conviction is reversed upon final appeal:

 

     (a) The person's state board approval shall be reinstated upon

 

his or her notification to the superintendent of public instruction

 

of the reversal.

 

     (b) If the suspension of the state board approval was the sole

 

cause of his or her discharge from employment, the person shall be

 

reinstated upon his or her notification to the appropriate local or

 

intermediate school board of the reversal, with full rights and

 

benefits, to the position he or she would have had if he or she had

 

been continuously employed.

 

     (c) If the person's compensation was discontinued under

 

subsection (4), the public school, school district, intermediate

 

school district, or nonpublic school shall make the person whole

 

for lost compensation.

 

     (7) If the prosecuting attorney in charge of a case receives a

 

form as provided under section 1230d, the prosecuting attorney

 

shall notify the superintendent of public instruction, and any

 

public school, school district, intermediate school district, or

 

nonpublic school in which the person is employed by forwarding a

 

copy of the form to each of them not later than 7 days after

 


receiving the form. If the court receives a form as provided under

 

section 1230d, the court shall notify the superintendent of public

 

instruction and any public school, school district, intermediate

 

school district, or nonpublic school in which the person is

 

employed by forwarding to each of them a copy of the form and

 

information regarding the sentence imposed on the person not later

 

than 7 days after the date of the sentencing, even if the court is

 

maintaining the file as a nonpublic record.

 

     (8) Not later than 7 days after receiving notification from

 

the prosecuting attorney or the court under subsection (7) or

 

learning through an authoritative source that a person who holds

 

state board approval has been convicted of a crime listed in

 

subsection (1), the superintendent of public instruction shall

 

request the court to provide a certified copy of the judgment of

 

conviction and sentence or other document regarding the disposition

 

of the case to the superintendent of public instruction and shall

 

pay any fees required by the court. The court shall provide this

 

certified copy within 7 days after receiving the request and fees

 

under this section or after entry of the judgment or other

 

document, whichever is later, even if the court is maintaining the

 

judgment or other document as a nonpublic record.

 

     (9) If the superintendent of a school district or intermediate

 

school district, the chief administrative officer of a nonpublic

 

school, the president of the board of a school district or

 

intermediate school district, or the president of the governing

 

board of a nonpublic school is notified or learns through an

 

authoritative source that a person who holds state board approval

 


and who is employed by the school district, intermediate school

 

district, or nonpublic school has been convicted of a crime

 

described in subsection (1) or (2), the superintendent, chief

 

administrative officer, or board president shall notify the

 

superintendent of public instruction of that conviction within 15

 

days after learning of the conviction.

 

     (10) For the purposes of this section, a certified copy of the

 

judgment of conviction and sentence is conclusive evidence of

 

conviction of a crime described in this section. For the purposes

 

of this section, conviction of a crime described in this section is

 

considered to be reasonably and adversely related to the ability of

 

the person to serve in an elementary or secondary school and is

 

sufficient grounds for suspension or revocation of the person's

 

state board approval.

 

     (11) For any hearing under subsection (1), if the

 

superintendent of public instruction does not  complete the hearing

 

procedures and  make a final decision and order within 120 working

 

days after receiving the request for the hearing, as required under

 

subsection (1), the superintendent of public instruction shall

 

submit a report detailing the reasons for the delay to the standing

 

committees and appropriations subcommittees of the senate and house

 

of representatives that have jurisdiction over education and

 

education appropriations. The failure of the superintendent of

 

public instruction to  complete the hearing procedures and  make a

 

final decision and order within this 120 working day time limit, or

 

the failure of any other official or agency to meet a time limit

 

prescribed in this section, does not affect the validity of an

 


action taken under this section affecting a person's state board

 

approval.

 

     (12) Beginning July 1, 2004, the superintendent of public

 

instruction shall submit to the legislature a quarterly report of

 

all final actions he or she has taken under this section affecting

 

a person's state board approval during the preceding quarter. The

 

report shall contain at least all of the following with respect to

 

each person whose state board approval has been affected:

 

     (a) The person's name, as it appears on the state board

 

approval.

 

     (b) The school district, intermediate school district, public

 

school academy, or nonpublic school in which the person was

 

employed at the time of the conviction, if any.

 

     (c) The offense for which the person was convicted and the

 

date of the offense and date of the conviction.

 

     (d) Whether the action taken by the superintendent of public

 

instruction was a summary suspension, suspension due to failure to

 

request a hearing, suspension, revocation, or reinstatement of the

 

state board approval.

 

     (13) This section does not do any of the following:

 

     (a) Prohibit a person who holds state board approval from

 

seeking monetary compensation from a school board or intermediate

 

school board if that right is available under a collective

 

bargaining agreement or another statute.

 

     (b) Limit the rights and powers granted to a school district

 

or intermediate school district under a collective bargaining

 

agreement, this act, or another statute to discipline or discharge

 


a person who holds state board approval.

 

     (c) Exempt a person who holds state board approval from the

 

operation of section 1535a if the person holds a certificate

 

subject to that section.

 

     (d) Limit the ability of a state licensing body to take action

 

against a person's license or registration for the same conviction.

 

     (14) The superintendent of public instruction may promulgate,

 

as necessary, rules to implement this section pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (15) The department of information technology shall work with

 

the department and the department of state police to develop and

 

implement an automated program that does a comparison of the

 

department's list of individuals holding a teaching certificate or

 

state board approval, and of any other list maintained by the

 

department of individuals employed or regularly and continuously

 

working under contract in a school, with the conviction information

 

received by the department of state police. This comparison shall

 

only include individuals who are actually school employees at the

 

time of the comparison or who are regularly and continuously

 

working under contract at the time of the comparison. Unless

 

otherwise prohibited by law, this comparison shall include

 

convictions contained in a nonpublic record. The department and the

 

department of state police shall perform this comparison during

 

January and June of each year until July 1, 2008. The department of

 

state police shall take all reasonable and necessary measures using

 

the available technology to ensure the accuracy of this comparison

 


before transmitting the information under this subsection to the

 

department. The department shall take all reasonable and necessary

 

measures using the available technology to ensure the accuracy of

 

this comparison before notifying a school district, intermediate

 

school district, public school academy, or nonpublic school of a

 

conviction. If a comparison discloses that a person on the

 

department's list of individuals holding a teaching certificate or

 

state board approval has been convicted of a crime, the department

 

shall notify the superintendent or chief administrator and the

 

board or governing body of the school district, intermediate school

 

district, public school academy, or nonpublic school in which the

 

person is employed of that conviction.

 

     (16) Not later than May 1, 2006, the department shall submit a

 

report to the legislature that details the number of individuals

 

holding a teaching certificate or state board approval who were

 

school employees or regularly and continuously working under

 

contract as of January 1, 2006 and who have been convicted of a

 

listed offense or any felony.

 

     (17) As used in this section:

 

     (a) "Conviction" means a judgment entered by a court upon a

 

plea of guilty, guilty but mentally ill, or nolo contendere or upon

 

a jury verdict or court finding that a defendant is guilty or

 

guilty but mentally ill.

 

     (b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1.

 

     (c)  (b)  "Listed offense" means that term as defined in

 


section 2 of the sex offenders registration act, 1994 PA 295, MCL

 

28.722.

 

     (d)  (c)  "Prosecuting attorney" means the prosecuting

 

attorney for a county, an assistant prosecuting attorney for a

 

county, the attorney general, the deputy attorney general, an

 

assistant attorney general, a special prosecuting attorney, or, in

 

connection with the prosecution of an ordinance violation, an

 

attorney for the political subdivision that enacted the ordinance

 

upon which the violation is based.

 

     (e)  (d)  "Regularly and continuously work under contract"

 

means that term as defined in section 1230d.

 

     (f)  (e)  "State board approval" means a license, certificate,

 

approval not requiring a teaching certificate, or other evidence of

 

qualifications to hold a particular position in a school district

 

or intermediate school district or in a nonpublic school, other

 

than a teacher's certificate subject to section 1535a, that is

 

issued to a person by the state board or the superintendent of

 

public instruction under this act or a rule promulgated under this

 

act.