SB-1252, As Passed Senate, December 19, 2008
(As amended, September 24, 2008)
April 15, 2008, Introduced by Senators GLEASON, KUIPERS, VAN WOERKOM, WHITMER, CLARKE, CLARK-COLEMAN, BASHAM, ANDERSON, CHERRY, OLSHOVE, BARCIA, HUNTER, SCOTT, BRATER, PRUSI, SWITALSKI, GEORGE, JACOBS, PAPPAGEORGE, BIRKHOLZ, RICHARDVILLE, HARDIMAN, SCHAUER and CROPSEY and referred to the Committee on Education.
<<A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1230, 1230a, and 1230g (MCL 380.1230,
380.1230a, and 380.1230g), as amended by 2006 PA 680; and to repeal acts
and parts of acts.>>
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
substitute bus driver, 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),
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 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
applied or been assigned and for the purposes of subsections (3),
(4), (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 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 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
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) 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 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 a school district, intermediate school district,
public school academy, or nonpublic school. However, before
employing the individual or assigning the individual to regularly
and continuously work under contract in a school, the school
district, intermediate school district, public school academy, or
nonpublic school shall perform a criminal history check on that
person using the department of state police's internet criminal
history access tool (ICHAT). If a search of the department of state
police's ICHAT reveals that the individual has been convicted of a
listed offense, then the school district, intermediate school
district, public school academy, or nonpublic school shall take
steps to verify that information using public records and, if the
information is verified using public records, shall not employ the
individual in any capacity, as provided under section 1230c, and
shall not allow the individual to regularly and continuously work
under contract in any of its schools. If a search of the department
of state police's ICHAT reveals that the individual has been
convicted of a felony other than a listed offense, then the school
district, intermediate school district, public school academy, or
nonpublic school shall take steps to verify that information using
public records and, if the information is verified using public
records, shall not employ the individual in any capacity or allow
the individual to regularly and continuously work under contract in
any of its schools unless the superintendent or chief administrator
and the board or governing body, if any, of the school district,
intermediate school district, public school academy, or nonpublic
school each specifically approves the employment or work assignment
in writing.
(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) 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) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(e) "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
pupils.
(f) "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
substitute bus driver, or for an individual who regularly and
continuously works under contract in more than 1 school district,
intermediate school district, public school academy, or nonpublic
school, if the applicant or individual agrees in writing to allow a
district, public school academy, or nonpublic school to share the
results of the criminal records check with another district, public
school academy, or nonpublic school, then instead of requesting a
criminal records check under subsection (1), a school district,
intermediate school district, public school academy, or nonpublic
school may use results received by another district, public school
academy, or nonpublic school or maintained by the department to
confirm that the applicant or individual does not have any criminal
history. If that confirmation is not available, subsection (1)
applies to the applicant or individual.
(5) If an applicant is being considered for employment by more
than 1 school district, intermediate school district, public school
academy, or nonpublic school and if the applicant agrees in writing
to allow a district, public school academy, or nonpublic school to
share the results of the criminal records check with another
district, public school academy, or nonpublic school, then a
district, public school academy, or nonpublic school may satisfy
the requirements of subsection (1) by obtaining a copy of the
results of the criminal records check from another district, public
school academy, or nonpublic school.
(6) An applicant for employment shall give written consent at
the time of application for the criminal records division of the
department of state police to conduct the criminal records check
required under this section.
(7) A school district, intermediate school district, public
school academy, or nonpublic school shall make a request to the
department of state police for a criminal records check under this
section on a form and in a manner prescribed by the department of
state police.
(8) The results of a criminal records check under this section
shall be used by a school district, intermediate school district,
public school academy, or nonpublic school only for the purpose of
evaluating an individual's qualifications for employment or
assignment in the position for which he or she has applied or been
assigned and for the purposes of subsections (3), (4), (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), (5), and
(12) a person described in this subsection may provide a copy of
the results received under this section concerning the individual
to an appropriate representative of 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. 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, 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, public school academy, or nonpublic school.
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),
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 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 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) 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 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 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
school districts, public school academies, and nonpublic schools
information on how to verify a conviction using public records.
(15) 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) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(d) "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
pupils.
(e) "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 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 or substitute bus
driver, 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 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 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
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 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. 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, 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, public school academy, or nonpublic school. 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
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 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 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) 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 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 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 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) 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) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(d) "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
pupils.
Senate Bill No. 1252 as amended September 24, 2008
as amended December 19, 2008
(e) "School property" means that term as defined in section 33
of the sex offenders registration act, 1994 PA 295, MCL 28.733.
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