HB-6173, As Passed Senate, December 13, 2006
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6173
(As amended, December 13, 2006)
<<A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1351, 1535a, and
1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g,
380.1351, 380.1535a, and 380.1539b), sections 1230, 1230a, 1230c, 1230d,
1230g, 1535a, and 1539b as amended by 2006 PA 84 and section 1351 as
amended by 2003 PA 299, 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. A school district,
intermediate school district, public school academy, or nonpublic
school that receives a report from the department of state police
under this subsection shall retain that report in the individual's
employment records.
(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),
House Bill No. 6173 as amended December 13, 2006
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 <<60>> 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. The department shall maintain a copy
of this report for at least 6 years.
(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
House Bill No. 6173 as amended December 13, 2006
applied or been assigned and for the purposes of subsections (3),
(4), and
(5),
and (12). 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, <<received under
this section>> 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 subsections (4), (5), and (12), 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. <<For an individual who is regularly
and continuously working under contract, if the individual agrees in
writing, a district, public school academy, or nonpublic school 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 the individual’s employer who receives a copy of a
report, or receives results of a report from another source as authorized
by this subsection, shall not disclose the report or its contents or the
results of the report to any person outside of the employer’s business or
House Bill No. 6173 as amended December 13, 2006
to any of the employer’s personnel who are not directly involved in
evaluating the individual’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. As used in this subsection,
"misdemeanor conviction involving sexual or physical abuse"
includes, but is not limited to, a misdemeanor conviction for a
listed offense; a misdemeanor conviction for violation of section
617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a; a
misdemeanor conviction for violation of section 701 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701; a
misdemeanor conviction for violation of section 81, 81a, 81c, 90c,
136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the Michigan
penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c, 750.90c,
750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233, 750.335a,
and 750.411h; a misdemeanor conviction of section 6 of 1979 PA 53,
MCL 752.796; or a misdemeanor conviction for violation of a
substantially similar law of another state, of a political
subdivision of this state or another state, or of the United
States.
(11) Subject to subsection (12), 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
House Bill No. 6173 as amended December 13, 2006
individual as long as the individual remains employed with no
separation from service by any school district, intermediate school
district, public school academy, or nonpublic school in this state
or remains regularly and continuously working under contract <<
>> with no separation from service <<for the same
employer>> in any school
district, intermediate school district, public school academy, or
nonpublic school in this state. <<For the purposes of this subsection,
an employee is not considered to have a separation from service In any of
the following circumstances:
(a) the employee is laid off or placed on a leave of absence by his
or her employer and returns to active employment with the same employer
within 1 year after being laid off or placed on the leave of absence.
(b) The employee transfers to another school district, intermediate
school district, public school academy, or nonpublic school and remains continuously employed by any school district, intermediate school district, public school academy, or nonpublic school in this state.>>
(12) If an individual described in subsection (11) is an
applicant for employment in a different school district,
intermediate school district, public school academy, or nonpublic
school than the one that originally received the results of the
criminal history check or that currently is in possession of the
results of the criminal history check, or is being assigned to
regularly and continuously work under contract in a different
school district, intermediate school district, public school
academy, or nonpublic school than the one that originally received
the results of the criminal history check or that currently is in
possession of the results of the criminal history check, then all
of the following apply:
(a) If the results of the individual's criminal history check
have not already been forwarded to the new school district,
intermediate school district, public school academy, or nonpublic
school, the new school district, intermediate school district,
public school academy, or nonpublic school shall request the school
district, intermediate school district, public school academy, or
nonpublic school that has the results to forward them to the new
school district, intermediate school district, public school
academy, or nonpublic school. Upon receipt of such a request, a
school district, intermediate school district, public school
academy, or nonpublic school that has the results shall forward
them to the requesting school district, intermediate school
district, public school academy, or nonpublic school.
(b) If the results of the individual's criminal history check
are not received by the new school district, intermediate school
district, public school academy, or nonpublic school under this
subsection or otherwise, then this section applies to the
individual to the same extent as if he or she has had a separation
from service.
(c) If the results of the individual's criminal history check
are received by the new school district, intermediate school
district, public school academy, or nonpublic school under this
subsection or otherwise, then that school district, intermediate
school district, public school academy, or nonpublic school shall
perform a criminal history check on that individual using the
department of state police's internet criminal history access tool
(ICHAT), ensuring that this criminal history check is based on the
personal identifying information, including at least the
individual's name, sex, and date of birth, that was associated with
the results received from the previous school district,
intermediate school district, public school academy, or nonpublic
school.
(d) If the search of the department of state police's ICHAT
under subdivision (c) 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 under subdivision (c)
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) (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
House Bill No. 6173 as amended December 7, 2006
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.
(14) For the purposes of subsections (9) and (13), the
department shall make available to school districts, intermediate
school districts, public school academies, and nonpublic schools
information on how to verify a conviction using public records.
(15) (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 any>> 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
House Bill No. 6173 as amended December 7 and 13, 2006
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
House Bill No. 6173 as amended December 13, 2006
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),
and (12). 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 <<received under this section>>, 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), and
(12) 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. <<For an individual
who is regularly and continuously working under contract, if the
individual agrees in writing, a district, public school academy, or
nonpublic school 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 the individual’s employer who
receives a copy of the results, or receives the results from another
source as authorized by this subsection, shall not disclose the results
to any person outside of the employer’s business or to any of the
employer’s personnel who are not directly involved in evaluating the
individual’s qualifications for employment or assignment.>>
House Bill No. 6173 as amended December 13, 2006
>> 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. As used in this subsection,
"misdemeanor conviction involving sexual or physical abuse"
includes, but is not limited to, a misdemeanor conviction for a
listed offense; a misdemeanor conviction for violation of section
617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a; a
misdemeanor conviction for violation of section 701 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701; a
misdemeanor conviction for violation of section 81, 81a, 81c, 90c,
136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the Michigan
penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c, 750.90c,
750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233, 750.335a,
and 750.411h; a misdemeanor conviction of section 6 of 1979 PA 53,
MCL 752.796; or a misdemeanor conviction for violation of a
substantially similar law of another state, of a political
subdivision of this state or another state, or of the United
States.
(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.
A school district, intermediate school
district, public
school academy, or nonpublic school that receives results from the
department of state police under this subsection shall retain those
results in the individual's employment records.
(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),
House Bill No. 6173 as amended December 13, 2006
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 <<60>>
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. The
department shall maintain a copy of this report for at least 6
years.
(11) <<Subject to subsection (12),>> 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
House Bill No. 6173 as amended December 13, 2006
section for that individual as long as the individual remains
employed with no separation from service by any school district,
intermediate school district, public school academy, or nonpublic
school in this state or remains regularly and continuously working
under contract << >> with no separation from
service <<for the same employer>> in any school district, intermediate
school district,
public school academy, or nonpublic school in this state. <<For the
purposes of this subsection, an employee is not considered to have a
separation from service In any of the following circumstances:
(a) the employee is laid off or placed on a leave of absence by his
or her employer and returns to active employment with the same employer
within 1 year after being laid off or placed on the leave of absence.
(b) The employee transfers to another school district, intermediate school district, public school academy, or nonpublic school and remains continuously employed by any school district, intermediate school district, public school academy, or nonpublic school in this state.>>
(12) If an individual described in subsection (11) is an
applicant for employment in a different school district,
intermediate school district, public school academy, or nonpublic
school than the one that originally received the results of the
criminal records check or that currently is in possession of the
results of the criminal records check, or is being assigned to
regularly and continuously work under contract in a different
school district, intermediate school district, public school
academy, or nonpublic school than the one that originally received
the results of the criminal records check or that currently is in
possession of the results of the criminal records check, then all
of the following apply:
(a) If the results of the individual's criminal records check
have not already been forwarded to the new school district,
intermediate school district, public school academy, or nonpublic
school, the new school district, intermediate school district,
public school academy, or nonpublic school shall request the school
district, intermediate school district, public school academy, or
nonpublic school that has the results to forward them to the new
school district, intermediate school district, public school
academy, or nonpublic school. Upon receipt of such a request, a
school district, intermediate school district, public school
academy, or nonpublic school that has the results shall forward
them to the requesting school district, intermediate school
district, public school academy, or nonpublic school.
(b) If the results of the individual's criminal records check
are not received by the new school district, intermediate school
district, public school academy, or nonpublic school under this
subsection or otherwise, then this section applies to the
individual to the same extent as if he or she has had a separation
from service.
(13) (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.
(14) For the purposes of subsections (10) and (13), the
department shall make available to school districts, intermediate
House Bill No. 6173 as amended December 7 and 13, 2006
school districts, public school academies, and nonpublic schools
information on how to verify a conviction using public records.
(15) (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
any>> 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.
<< >>
House Bill No. 6173 as amended December 13, 2006
(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 <<60>> 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. The department shall maintain a copy of this
report for at least 6 years.
(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
House Bill 6173 as amended December 7 and 13, 2006
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(c) "Regularly and continuously work under contract" means
<<either any>> 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
House Bill No. 6173 as amended December 13, 2006
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, or
if the department is otherwise notified by the department of state
police that such a person 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.>>
(8) If a school district, intermediate school district, public
school academy, or nonpublic school receives a report under this
section of a conviction, within <<60>> 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. The department shall maintain a copy of this
report for at least 6 years.
House Bill No. 6173 as amended December 7 and 13, 2006
(9) (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 any>> 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
House Bill No. 6173 as amended December 7, 2006
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
<<any>> 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
House Bill No. 6173 as amended December 7 and 13, 2006
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 either is still a full-time or part-time
employee of the school district, intermediate school district,
public school academy, or nonpublic school on the date that the
criminal history and criminal records checks under this section are
initiated or is still assigned to regularly and continuously work
under contract in any of its schools on the date that the criminal
history and criminal records checks under this section are
initiated:
(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, 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 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. Alternatively, a school district, intermediate
school district, public school academy, or nonpublic school may use
results maintained by the department to confirm that the individual
does
not have any criminal history. If that
confirmation is not
available from any of these sources, 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
House Bill No. 6173 as amended December 13, 2006
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 <<received under this section>>, 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.
<<For an individual who is regularly and continuously working under
contract, if the individual agrees in writing, a district, public school
academy, or nonpublic school may provide a copy of the results received s
under this section concerning the individual to an appropriate
representative of the individual’s employer. A representative of the
individual’s employer who receives a copy of the results, or receives the
results from another source as authorized by this subsection, shall not
disclose the results to any person outside of the employer’s business or
to any of the employer’s personnel who are not directly involved in
evaluating the individual’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.
As used in this subsection, "misdemeanor conviction involving
sexual or physical abuse" includes, but is not limited to, a
misdemeanor conviction for a listed offense; a misdemeanor
conviction for violation of section 617a of the Michigan vehicle
code, 1949 PA 300, MCL 257.617a; a misdemeanor conviction for
violation of section 701 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1701; a misdemeanor conviction for
violation of section 81, 81a, 81c, 90c, 136b, 141a, 145, 145d,
145n, 233, 335a, or 411h of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, 750.81c, 750.90c, 750.136b, 750.141a, 750.145,
750.145d, 750.145n, 750.233, 750.335a, and 750.411h; a misdemeanor
conviction of section 6 of 1979 PA 53, MCL 752.796; or a
misdemeanor conviction for violation of a substantially similar law
of another state, of a political subdivision of this state or
another state, or of the United States.
(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. A school district, intermediate
school district, public school academy, or nonpublic school that
receives a report from the department of state police under this
subdivision shall retain that report in the individual's employment
records.
(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). A school district, intermediate school
district,
public school academy, or nonpublic school that receives results
from the department of state police under this subdivision shall
retain those results in the individual's employment records.
(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
House Bill No. 6173 as amended December 7 and 13, 2006
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 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 <<60>> 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
House Bill No. 6173 as amended December 13, 2006 (1 of 2)
detailing the information received and any action taken as a result
by the school district, intermediate school district, public school
academy, or nonpublic school. The department shall maintain a copy
of this report for at least 6 years. <<
>>
(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
employed with no separation from service by any school district,
intermediate school district, public school academy, or nonpublic
school in this state or remains regularly and continuously working
under contract << >> with no separation from
service <<for the same employer>> in any school district, intermediate
school district,
public school academy, or nonpublic school in this state. <<For the
purposes of this subsection, an employee is not considered to have a separation from service In any of the following circumstances:
(a) the employee is laid off or placed on a leave of absence by his or her employer and returns to active employment with the same employer within 1 year after being laid off or placed on the leave of absence.
(b) The employee transfers to another school district, intermediate school district, public school academy, or nonpublic school and remains CONTINUOUSLY employed by 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 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
House Bill No. 6173 as amended December 7, 2006
school academy, or nonpublic school each specifically approves the
employment or work assignment in writing.
(11) For the purposes of subsections (8) and (10), the
department shall make available to school districts, intermediate
school districts, public school academies, and nonpublic schools
information on how to verify a conviction using public records.
(12) (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 any>> 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
House Bill No. 6173 as amended December 7 and 13, 2006 (1 of 2)
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. 1351. (1) Until May 1, 1994, a school district may borrow money and issue bonds of the district to defray all or a part of the cost of purchasing, erecting, completing, remodeling, improving, furnishing, refurnishing, equipping, or reequipping school buildings, including library buildings, structures, athletic fields, playgrounds, or other facilities, or parts of or additions to those facilities; acquiring, preparing, developing, or improving sites, or parts of or additions to sites, for school buildings, including library buildings, structures, athletic fields, playgrounds, or other facilities; purchasing school buses; participating in the administrative costs of an urban renewal program through which the school district desires to acquire a site or addition to a site for school purposes; refunding all or part of existing bonded indebtedness; or accomplishing a combination of the purposes set forth in this subsection. In addition, until December 31, 1991 a school district may borrow money and issue bonds to defray all or part of the cost of purchasing textbooks.
(2) Except as otherwise provided in this
subsection, a school district shall not borrow money or issue bonds for a sum
that, together with the total outstanding bonded indebtedness of the district,
exceeds 5% of the state equalized valuation of the taxable property within the
district, unless the proposition of borrowing the money or issuing the bonds is
submitted to a vote of the school electors of the district at a regular or
special school election and approved by the majority of the school electors
voting on the question. Regardless of the amount of outstanding bonded
indebtedness of the school district, a vote of the school electors is not
necessary in order to issue bonds for a purpose described in section 1274a, or to issue bonds under section 11i of the
state school aid act of 1979, MCL 388.1611i, or, if the school district has fewer than 1,100 pupils
in membership in 2006 and is located in a county with a POPULATION of less than
30,500 as of the 2000 decennial census, to issue qualified zone academy bonds. For the purposes of this subsection, bonds issued under section 11i of the state school aid act
of 1979, MCL 388.1611i, the
following types of bonds shall
not be included in computing the total outstanding bonded indebtedness of a
school district: .
(a) Bonds issued under section 11i of the state school aid act of 1979, MCL 388.1611i.
(b) If the school district has fewer than 1,100 pupils in membership in 2006 and is located in a county with a population of less than 30,500 as of the 2000 decennial census, qualified zone academy bonds.
(3) A school district shall not issue bonds under this part for an amount greater than 15% of the total assessed valuation of the district, except as provided in section 1356. A bond qualified under section 16 of article IX of the state constitution of 1963 and implementing legislation shall not be included for purposes of calculating the 15% limitation. Bonds issued under this part are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, except that bonds issued for a purpose described in section 1274a may be sold at a public or publicly negotiated sale at the time or times, at the price or prices, and at a discount as determined by the board of the school district.
(4) Bonds or notes issued by a school district or intermediate school district under this part or section 442, 629, or 1274a shall be full faith and credit tax limited obligations of the district pledging the general funds, voted and allocated tax levies, or any other money available for such a purpose and shall not allow or provide for the levy of additional millage for payment of the bond or note without a vote of the qualified electorate of the district.
(5) As used in this section, "qualified zone academy bond" means that term as defined in section 1397e of the internal revenue code, 26 USC 1397e.>>
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 any proceedings affecting 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. However, the superintendent of public
instruction must approve any settlement, conditional agreement, or
other decision not to proceed with charges.
(b) Any final action that affects the status of a person's
teaching certificate shall be taken by the superintendent of public
instruction.
(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, or if the
department is otherwise notified by the department of state police
that such a person 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.
(16) (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 any proceedings affecting 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. However, the superintendent of public
instruction must approve any settlement, conditional agreement, or
other decision not to proceed with charges.
(b) Any final action that affects the status of a person's
state board approval shall be taken by the superintendent of public
instruction.
(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, or if the
department is otherwise notified by the department of state police
that such a person 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.
(16) (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.