This is our starting text

HB-4402, As Passed Senate, August 31, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4402

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1230 (MCL 380.1230), as amended by 1993 PA 284,

and by adding section 1230c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1230. (1) ~~Beginning with hiring for the 1993-94 school~~

~~year and subject to subsections (2), (4), and (5)~~ Except as

otherwise provided in this section, upon an offer of initial

employment being made by the board of a school district ~~, local~~

~~act school district,~~ or intermediate school district or the

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

individual for ~~a position as a teacher or a school administrator~~

~~or for a position requiring state board approval~~ any full-time or

part-time employment or when school officials learn that an

individual is being assigned to regularly and continuously work

under contract in any of its schools, the district, public school

academy, or nonpublic school shall request from the criminal

records division of the department of state police a criminal

history check on the individual and, before employing the

individual as a regular employee or allowing the individual to

regularly and continuously work under contract in any of its

schools, shall have received from the department of state police

the report described in subsection (8).

(2) If the board of a school district ~~, local act school~~

~~district,~~ or intermediate school district or the governing body of

a public school academy or nonpublic school determines it necessary

to ~~employ~~ hire an individual ~~for a position described in~~

~~subsection (1)~~ for a particular school year during that school

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

the board or governing body may employ the individual as a

conditional employee under this subsection without first receiving

the report described in subsection (8) if all of the following

apply:

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

check required under subsection (1) before conditionally employing

the individual.

(b) The individual signs a statement ~~that identifies~~

identifying all crimes for which he or she has been convicted, if

any, and agreeing that, if the report described in subsection (8)

is not the same as the individual's statement, his or her

employment contract ~~will be~~ is voidable at the option of the

board or governing body. ~~Not later than July 28, 1993, the~~ The

department shall develop and distribute to districts and nonpublic

schools a model form for the statement required under this

subdivision. The department shall make the model form available to

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

nonpublic school shall use the model form for the purposes of this

subsection.

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

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

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

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

contract. If an employment contract is voided under this

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

bargaining agreement that would otherwise apply to the individual's

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

public school academy, or nonpublic school or the board or

governing body is not liable for the termination.

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

instead of requesting a criminal history check under subsection

(1), a school district, ~~local act school district,~~ intermediate

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

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

nonpublic school or maintained by the department to confirm that

the individual does not have any criminal history. If that

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

applicant. ~~for a position as a substitute teacher.~~

(5) If an applicant ~~for a position described in subsection~~

~~(1)~~ is being considered for employment ~~in such a position~~ by

more than 1 school district, ~~local act school district,~~

intermediate school district, public school academy, or nonpublic

school and if the applicant agrees in writing to allow a district,

public school academy, or nonpublic school to share the report

described in subsection (8) with another district, public school

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

nonpublic school may satisfy the requirements of subsection (1) by

obtaining a copy of the report described in subsection (8) from

another district, public school academy, or nonpublic school.

(6) An applicant for ~~a position described in subsection (1)~~

employment shall give written consent at the time of application

for the criminal records division of the department of state police

to conduct the criminal history check required under this section.

(7) A school district, ~~local act school district,~~

intermediate school district, public school academy, or nonpublic

school shall make a request to the criminal records division of the

department of state police for a criminal history check required

under this section on a form and in a manner prescribed by the

criminal records division of the department of state police.

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

school district, ~~local act school district,~~ intermediate school

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

history check on an ~~applicant~~ individual under this section, the

criminal records division of the department of state police shall

conduct the criminal history check and, after conducting the

criminal history check and within that time period, provide a

report of the results of the criminal history check to the

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

shall contain any criminal history record information on the

~~applicant~~ individual maintained by the criminal records division

of the department of state police.

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

school district, public school academy, or nonpublic school under

subsection (8) discloses that an individual has been convicted of a

listed offense, then the school district, intermediate school

district, public school academy, or nonpublic school shall not

employ the individual in any capacity, as provided under section

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

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

report received by a school district, intermediate school district,

public school academy, or nonpublic school under subsection (8)

discloses that an individual has been convicted of a felony other

than a listed offense, then the school district, intermediate

school district, public school academy, or nonpublic school shall

not employ the individual in any capacity or allow the individual

to regularly and continuously work under contract in any of its

schools unless the superintendent or chief administrator and the

board or governing body of the school district, intermediate school

district, public school academy, or nonpublic school each

specifically approve the employment or work assignment in writing.

As used in this subsection, "listed offense" means that term as

defined in section 2 of the sex offenders registration act, 1994 PA

295, MCL 28.722.

(10) ~~(9)~~ Criminal history record information received from

the criminal records division of the department of state police

under subsection (8) shall be used by a school district, ~~local act~~

~~school district,~~ intermediate school district, public school

academy, or nonpublic school only for the purpose of evaluating an

~~applicant's~~ individual's qualifications for employment or

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

assigned and for the purposes of ~~subsection (3)~~ subsections (3),

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

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

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

shall not disclose the report or its contents, except any felony

conviction or a misdemeanor conviction involving sexual or physical

abuse, to any person who is not directly involved in evaluating the

applicant's qualifications for employment or assignment. However,

for the purposes of ~~subsection (4)~~ subsections (4) and (5), a

person described in this subsection may confirm to an employee of

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

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

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

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

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

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

concerning the individual to an appropriate representative of

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

person who violates this subsection is guilty of a misdemeanor

punishable by a fine of not more than $10,000.00, but is not

subject to the penalties under section 1804.

(11) ~~(10)~~ As used in this section, ~~: (a) "Criminal~~

"criminal history record information" means that term as defined in

section 1a of ~~Act No. 289 of the Public Acts of 1925, being~~

~~section 28.241a of the Michigan Compiled Laws~~ 1925 PA 289, MCL

28.241a.

~~(b) "State board approval" means that term as defined in~~

~~section 1539b.~~

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

intermediate school district, public school academy, or nonpublic

school has notice that an individual has been convicted of a listed

offense, the board of the school district or intermediate school

district, board of directors of the public school academy, or

governing board of the nonpublic school shall not employ that

individual in any capacity or allow that person to regularly and

continuously work under contract in any of its schools.

(2) As used in this section, "listed offense" means that term

as defined in section 2 of the sex offenders registration act, 1994

PA 295, MCL 28.722.

Enacting section 1. This amendatory act takes effect January

1, 2006.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) House Bill No. 4928.

(b) House Bill No. 4930.