June 16, 2005, Introduced by Senators VAN WOERKOM, PATTERSON, CASSIS, GILBERT, ALLEN, SANBORN, STAMAS, HARDIMAN, BIRKHOLZ, BISHOP, TOY, JELINEK and BROWN and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a),
section 1230 as amended by 1993 PA 284 and section 1230a as added
by 1995 PA 83, and by adding section 1230c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1230. (1) Beginning with hiring for the 1993-94 school
year
and subject to subsections (2), (4), and (5) Except as
otherwise provided in this section, upon an offer of initial
employment
being made by the board of a school district , local
act
school district, or intermediate
school district or the
governing body of a public school academy or nonpublic school to an
individual
for a position as a teacher or a school administrator
or
for a position requiring state board approval 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
, local act school
district,
or intermediate school district or
the governing body of
a public school academy or nonpublic school determines it necessary
to
employ hire an individual for a position described in
subsection
(1) 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 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.
(b)
The individual signs a statement that identifies
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 will be is voidable at the option of the
board
or governing body. Not later than July 28, 1993, the 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,
instead of requesting a criminal history check under subsection
(1),
a school district, local act 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 individual does not have any criminal history. If that
confirmation
is not available, subsection (1) applies to an the
applicant. for
a position as a substitute teacher.
(5)
If an applicant for a position described in subsection
(1)
is being considered for employment
in such a position by
more
than 1 school district, local act 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 a position described in subsection (1)
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, local act 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, local act school district, intermediate
school
district, public school academy, or nonpublic school for a criminal
history
check on an applicant 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
applicant
individual maintained by the criminal records division
of the department of state police.
(9) If the report received by a school district, intermediate
school district, public school academy, or nonpublic school under
subsection (8) 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 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)
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
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 approve the employment or work assignment. As used in
this subsection, "listed offense" means that term as defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL
28.722.
(10) (9)
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, local act
school district, intermediate school district, public school
academy, or nonpublic school only for the purpose of evaluating an
applicant's
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 subsection
(3) subsections (3),
(4), and (5). A member of the board of a district or of the
governing body of a public school academy or nonpublic school or an
employee of a district, public school academy, or nonpublic school
shall not disclose the report or its contents, except any felony
conviction or a misdemeanor conviction involving sexual or physical
abuse, to any person who is not directly involved in evaluating the
applicant's qualifications for employment or assignment. However,
for
the purposes of subsection (4) subsections (4) and (5), a
person described in this subsection may confirm to an employee of
another district, public school academy, or nonpublic school that a
report under subsection (8) has revealed that an individual does
not have any criminal history or may disclose that no report under
subsection (8) has been received concerning the individual, and for
the purposes of subsection (5), a person described in this
subsection may provide a copy of the report under subsection (8)
concerning the individual to an appropriate representative of
another district, public school academy, or nonpublic school. A
person who violates this subsection is guilty of a misdemeanor
punishable by a fine of not more than $10,000.00, but is not
subject to the penalties under section 1804.
(11) (10)
As used in this section, :
(a) "Criminal
"criminal history record information" means that term as defined in
section
1a of Act No. 289 of the Public Acts of 1925, being
section
28.241a of the Michigan Compiled Laws 1925 PA 289, MCL
28.241a.
(b)
"State board approval" means that term as defined in
section
1539b.
Sec. 1230a. (1) In addition to the criminal history check
required
under section 1230, the board of a school district ,
local
act 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, a position as a
teacher
or a school administrator or a position requiring state
board
approval 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 subsection (2)
this section, a board or governing body shall not employ an
individual
in a position described in this subsection 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 applicant or 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. 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
work under contract in any of its schools.
(2)
If the board of a school district
, local act school
district,
or intermediate school district or
the governing body of
a public school academy or nonpublic school determines it necessary
to
employ hire an individual for a position described in
subsection
(1) 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 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.
(b)
The individual signs a statement that identifies
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
will
be is voidable at the option of
the board or governing body.
Not
later than September 30, 1995, the 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,
instead of requesting a criminal records check under subsection
(1),
a school district, local act school district, intermediate
school district, public school academy, or nonpublic school may use
results received by another district, public school academy, or
nonpublic school or maintained by the department to confirm that
the individual does not have any criminal history. If that
confirmation
is not available, subsection (1) applies to an the
applicant. for
a position as a substitute teacher.
(5)
If an applicant for a position described in subsection
(1)
is being considered for employment
in such a position by
more
than 1 school district, local act 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 a position described in subsection (1)
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, local act school district,
intermediate school district, public school academy, or nonpublic
school shall make a request to the department of state police for a
criminal records check under this section on a form and in a manner
prescribed by the department of state police.
(8) The results of a criminal records check under this section
shall
be used by a school district, local act school district,
intermediate school district, public school academy, or nonpublic
school only for the purpose of evaluating an individual's
qualifications for employment or assignment in the position for
which he or she has applied or been assigned and for the purposes
of subsections (3), (4), and (5). A member of the board of a
district or of the governing body of a public school academy or
nonpublic school or an employee of a district, public school
academy, or nonpublic school shall not disclose those results,
except any felony conviction or a misdemeanor conviction involving
sexual or physical abuse, to any person who is not directly
involved in evaluating the individual's qualifications for
employment or assignment. However, for the purposes of subsections
(4) and (5), a person described in this subsection may provide a
copy of the results under subsection (1) concerning the individual
to an appropriate representative of another district, public school
academy, or nonpublic school. A person who violates this subsection
is guilty of a misdemeanor punishable by a fine of not more than
$10,000.00, but is not subject to the penalties under section 1804.
(9) Within 30 days after receiving a proper request by a
school district, local act 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, local
act school
district,
intermediate school district, or public school
academy,
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. After conducting the criminal
records check required under this section for a nonpublic school,
the criminal records division of the department of state police
shall notify the nonpublic school of whether or not the criminal
records check disclosed any criminal history that is not disclosed
in the report on the individual provided to the nonpublic school
under section 1230.
(10) As
used in this section, "state board approval" means
that
term as defined in section 1539b. If
the results received by
a school district, intermediate school district, public school
academy, or nonpublic school under subsection (9) 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 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) 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 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 approve the employment or work assignment. As used in
this subsection, "listed offense" means that term as defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL
28.722.
Sec. 1230c. (1) If a school official of a school district,
intermediate school district, public school academy, or nonpublic
school has notice 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 not employ that
individual in any capacity or allow that person to regularly and
continuously work under contract in any of its schools.
(2) As used in this section, "listed offense" means that term
as defined in section 2 of the sex offenders registration act, 1994
PA 295, MCL 28.722.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 609.
(b) Senate Bill No. 612.
(c) Senate Bill No. 610.