May 28, 2008, Introduced by Senators WHITMER, KUIPERS, CHERRY, VAN WOERKOM, CASSIS and GLEASON and referred to the Committee on Education.
A bill to require certain background checks for certain public
school employees, applicants for employment, and contractors; to
provide for disclosure of certain records and reports; to provide
for certain powers and duties of certain state and local officials;
and to require certain reports and disclosures and prescribe
penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "At the school" means in a classroom at the school,
elsewhere on school property, or on a school bus or other school-
related vehicle under the control of the school.
(b) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(c) "Department" means the department of education.
(d) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(e) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(f) "Regularly and continuously work under contract" means any
of the following:
(i) To work at the school on a more than intermittent or
sporadic basis as an owner or employee of an entity that has a
contract with the 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 the school on a more than intermittent or
sporadic basis as an individual under a contract with the 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.
(g) "Revised school code" means the revised school code, 1976
PA 451, MCL 380.1 to 380.1852.
(h) "School" means the Michigan schools for the deaf and
blind.
(i) "School employer" means the school or a school district,
intermediate school district, public school academy, or nonpublic
school, as those terms are defined under the revised school code.
(j) "School property" means a building, facility, structure,
or real property owned, leased, or otherwise controlled by the
school, other than a building, facility, structure, or real
property that is no longer in use on a permanent or continuous
basis, to which either of the following applies:
(i) It is used to impart educational instruction.
(ii) It is for use by students not more than 19 years of age
for sports or other recreational activities.
Sec. 3. (1) Except as otherwise provided in this section, upon
an offer of initial employment being made by the 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 at the school, the 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 at
the school, shall have received from the department of state police
the report described in subsection (8).
(2) If the school administrator of the 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 school 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 school 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 at the school.
(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 school. The school shall use the model form
developed by the department of education under section 1230 of the
revised school code, MCL 380.1230, 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 school 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 school or this state 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 at more than 1 school employer, if the applicant or
individual agrees in writing to allow another school employer that
has received a report of the results of a criminal history check
conducted on the applicant or individual under the revised school
code to share the results of the criminal history check with the
school, then instead of requesting a criminal history check under
subsection (1), the school may use a report received by another
school employer 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 employer and if the applicant agrees in writing to
allow a school employer to share the report described in subsection
(8) with another school employer, the school may satisfy the
requirements of subsection (1) by obtaining a copy of the report
described in subsection (8) from another school employer.
(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) The 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 the
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 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. The school shall retain
that report in the individual's employment records.
(9) If the criminal history check required under this section
has been completed for a particular individual and the results
reported to the 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 employer in this state or
remains regularly and continuously working under contract with no
separation from service for the same employer at any school
employer 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 employer and
remains continuously employed by any school employer in this state.
(10) If an individual described in subsection (9) is an
applicant for employment by another school employer 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 at a different school employer 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 employer, the new
school employer shall request the school employer that has the
results to forward them to the new school employer. Upon receipt of
such a request, a school employer that has the results shall
forward them to the requesting school employer.
(b) If the results of the individual's criminal history check
are not received by the new school employer 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 employer under this subsection or
otherwise, then that school employer 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 employer.
(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 employer 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 and shall not allow the individual to
regularly and continuously work under contract at 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
employer 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 at any
of its schools unless the superintendent or chief administrator and
the board or governing body, if any, of the school employer each
specifically approves the employment or work assignment in writing.
(11) Subsection (1) does not apply to an individual who is
being employed by or assigned to regularly and continuously work
under contract at the school if the individual is not more than 26
years of age and is enrolled in special education programs or
services at the school. However, before employing the individual or
assigning the individual to regularly and continuously work under
contract at the school, the 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 administrator
of the school shall take steps to verify that information using
public records and, if the information is verified using public
records, the school shall not employ the individual in any capacity
and shall not allow the individual to regularly and continuously
work under contract at the school. 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 shall take
steps to verify that information using public records and, if the
information is verified using public records, the school shall not
employ the individual in any capacity or allow the individual to
regularly and continuously work under contract at the school unless
the school administrator of the school and the superintendent of
public instruction each specifically approves the employment or
work assignment in writing.
(12) For the purposes of subsection (11), the department shall
provide to the school information on how to verify a conviction
using public records.
Sec. 5. (1) In addition to the criminal history check required
under section 3, the 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 at the
school. Except as otherwise provided in this section, the school
shall not employ an individual or allow an individual to regularly
and continuously work under contract at the school until after the
school receives the results of the criminal records check. When
requesting a criminal records check under this section, the school
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 7, the school 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 school or is initially employed by the school or is
initially assigned to regularly and continuously work under
contract at the school.
(2) If the school administrator of the 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 school 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 school 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 at the school.
(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 school. The school shall use the model form developed by the
department of education under section 1230a of the revised school
code, MCL 380.1230a, 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 school 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 school or this state 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 at more than 1 school employer, if the applicant or
individual agrees in writing to allow another school employer that
has received the results of a criminal records check conducted on
the applicant or individual under the revised school code to share
the results of the criminal records check with the school, then
instead of requesting a criminal records check under subsection
(1), the school may use results received by another school employer
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 employer and if the applicant agrees in writing to
allow a school employer to share the results of the criminal
history check with another school employer, the school may satisfy
the requirements of subsection (1) by obtaining a copy of the
results of the criminal history check from another school employer.
(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) The 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) Within 30 days after receiving a proper request by the
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 the school, the
criminal records division of the department of state police shall
provide the results of the criminal records check to the school.
The school shall retain those results in the individual's
employment records.
(9) If the criminal records check required under this section
has been completed for a particular individual and the results
reported to the 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 employer in this state or
remains regularly and continuously working under contract with no
separation from service for the same employer at any school
employer 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 employer and
remains continuously employed by any school employer in this state.
(10) If an individual described in subsection (9) is an
applicant for employment by another school employer 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 at a different school employer 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 employer, the new
school employer shall request the school employer that has the
results to forward them to the new school employer. Upon receipt of
such a request, a school employer that has the results shall
forward them to the requesting school employer.
(b) If the results of the individual's criminal records check
are not received by the new school employer 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.
(11) Subsection (1) does not apply to an individual who is
being employed by or assigned to regularly and continuously work
under contract at the school if the individual is not more than 26
years of age and is enrolled in special education programs or
services at the school. However, before employing the individual or
assigning the individual to regularly and continuously work under
contract at the school, the 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 administrator
of the school shall take steps to verify that information using
public records and, if the information is verified using public
records, the school shall not employ the individual in any capacity
and shall not allow the individual to regularly and continuously
work under contract at the school. 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 shall take
steps to verify that information using public records and, if the
information is verified using public records, the school shall not
employ the individual in any capacity or allow the individual to
regularly and continuously work under contract at the school unless
the school administrator of the school and the superintendent of
public instruction each specifically approves the employment or
work assignment in writing.
(12) For the purposes of subsection (11), the department shall
provide to the school information on how to verify a conviction
using public records.
Sec. 7. (1) Not later than July 1, 2008, the school shall do
both of the following for each individual who, as of March 1, 2008,
is either a full-time or part-time employee of the school or is
assigned to regularly and continuously work under contract at the
school and who either is still a full-time or part-time employee of
the 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 at the
school 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 school 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 at the school, or
for an individual who regularly and continuously works under
contract at more than 1 school employer, if the individual agrees
in writing to allow another school employer to share with the
school the results of a criminal history check or criminal records
check conducted on the individual under the revised school code,
then instead of requesting a criminal history check and criminal
records check under subsection (1), the school may use results
received by another school employer to confirm that the individual
does not have any criminal history. Alternatively, the 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 at more
than 1 school employer and if the individual agrees in writing to
allow a school employer to share the results of the criminal
history check and criminal records check with another school
employer, then the school may satisfy the requirements of
subsection (1) by obtaining a copy of the results of the criminal
history check and criminal records check from another school
employer.
(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 the
school as it is seeking to comply with subsection (1) concerning
the individual, then the school shall not employ the individual in
any capacity and shall not allow the individual to regularly and
continuously work under contract at the school.
(5) The 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) Within 30 days after receiving a proper request by the
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 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. The school 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 the school, the criminal
records division of the department of state police shall provide
the results of the criminal records check to the school. The school
shall retain those results in the individual's employment records.
(7) 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 the 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 employer in this state or
remains regularly and continuously working under contract with no
separation from service at any school employer 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 employer and
remains continuously employed by any school employer in this state.
(8) Subsection (1) does not apply to an individual who is
being employed by or assigned to regularly and continuously work
under contract at the school if the individual is not more than 26
years of age and is enrolled in special education programs or
services at the school. However, before employing the individual or
assigning the individual to regularly and continuously work under
contract at the school, the 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 shall take
steps to verify that information using public records and, if the
information is verified using public records, the school shall not
employ the individual in any capacity, as provided under section 9,
and shall not allow the individual to regularly and continuously
work under contract at the school. 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 shall take
steps to verify that information using public records and, if the
information is verified using public records, the school shall not
employ the individual in any capacity or allow the individual to
regularly and continuously work under contract at the school unless
the school administrator of the school and the superintendent of
public instruction each specifically approves the employment or
work assignment in writing.
(9) For the purposes of subsection (8), the department shall
provide to the school information on how to verify a conviction
using public records.
Sec. 9. (1) If a report received by the school under section
3(8), 5(8), or 7(6) discloses that an individual has been convicted
of a listed offense, then the school shall take steps to verify
that information using public records and, if the information is
verified, the school shall not employ the individual in any
capacity and shall not allow the individual to regularly and
continuously work under contract at the school. If a report
received by the school under section 3(8), 5(8), or 7(6) discloses
that an individual has been convicted of a felony other than a
listed offense, then the school shall take steps to verify that
information using public records and, if the information is
verified using public records, the school shall not employ the
individual in any capacity or allow the individual to regularly and
continuously work under contract at any of its schools unless the
school administrator of the school and the superintendent of public
instruction each specifically approves the employment or work
assignment in writing. If the school receives results described in
this subsection, within 60 days after receiving those results the
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. The department shall
maintain a copy of this report for at least 6 years.
(2) For the purposes of subsection (1) and section 13, the
department shall make available to the school information on how to
verify a conviction using public records.
Sec. 11. (1) Criminal history record information received from
the criminal records division of the department of state police
under section 3 or 7 or results of a criminal records check under
section 5 or 7 shall be used by the 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. Except as otherwise provided under this act, an employee
or official of the school or of the department shall not disclose
the report or its contents received under this act, 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 section 3(4), (5), and
(11), section 5(4), (5), and (11), or section 7(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 school employer. For an
individual who is regularly and continuously working under
contract, if the individual agrees in writing, the 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 section is guilty of a
misdemeanor punishable by a fine of not more than $10,000.00.
(2) As used in this section, "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.
Sec. 13. If a school official of the school has notice from an
authoritative source that an individual has been convicted of a
listed offense, the school administrator of the school shall take
steps to verify that information using public records and, if the
information is verified using public records, the school shall not
employ that individual in any capacity or allow that person to
regularly and continuously work under contract at the school. If
the school receives notice described in this subsection, within 60
days after receiving that notice the 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. The department shall maintain a copy of this
report for at least 6 years.
Sec. 15. (1) If a person who is employed in any capacity by
the school, who has applied for a position with the school and has
had an initial criminal history check under section 3 or criminal
records check under section 5, or who is regularly and continuously
working under contract at the school is charged with a crime listed
in section 1535a(1) or 1539b(1) of the revised school code, MCL
380.1535a and 380.1539b, 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 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 school administrator of the 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 at the school
enters a plea of guilty 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) of the revised school code, MCL 380.1535a and 380.1539b,
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
at the 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 school
administrator of the 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 school administrator of the school finds, after
providing notice and the opportunity for a hearing, that a person
employed by the school has violated subsection (1) or (2), the
school 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 May 1, 2008, and if that
collective bargaining agreement is not in compliance with this
subsection, then this subsection does not apply 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 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
the 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
school administrator of the school 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
school administrator of the school 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) If the school receives a report under this section of a
conviction, within 60 days after receiving the report the 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. The department shall
maintain a copy of this report for at least 6 years.
Sec. 17. (1) A record prepared by a state agency under this
act is exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246. However, subject to subsections
(2) and (3), a record described in this subsection is only exempt
from disclosure as provided in this subsection until the expiration
of 15 business days after the date the record is received by the
school.
(2) If information described in subsection (1) is determined
during the 15-business-day exemption period to be inaccurate, then
that information is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) After the 15-business-day exemption period under
subsection (1), all of the following apply:
(a) A state agency shall disclose information in a record
described in subsection (1) if the information concerns a
conviction that is the type of conviction that is allowed to be
disclosed to the public under section 11.
(b) If the information concerns a type of conviction other
than a conviction described in subdivision (a), the information is
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246. However, a state agency shall
disclose the information to the public upon request, except that
the state agency shall ensure that the information does not include
any personal identifying information.
(4) This section does not affect any other rights, duties, or
exemptions under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246, or under any other law.
Sec. 19. Not later than July 1, 2008, the department shall
include in its list of registered educational personnel all
individuals who are employed by the school and all individuals who
are assigned to regularly and continuously work under contract at
the school.
Sec. 21. The department of information technology shall work
with the department of state police to establish a system for the
department of state police to save and maintain in its automated
fingerprint identification system (AFIS) database all fingerprints
that are submitted to the department of state police under this
act. If a criminal arrest fingerprint card is subsequently
submitted to the department of state police and matches against a
fingerprint that was submitted under this act and stored in the
AFIS database, the department of state police shall notify the
department.