Senate Introduced Bill 169























SENATE BILL NO. 169


   January 28, 1999, Introduced by Senators STILLE, GOSCHKA, 
        SHUGARS, BULLARD and GOUGEON and referred to the 
        Committee on Education.



        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a),

   section 1230 as amended by 1993 PA 284 and section 1230a as added

   by 1995 PA 83.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2     school year and subject  SUBJECT to subsections
                       (2), (4), and

 3    (5), upon an offer of initial employment being made by  the
             board

 4     of a school district, local act school district, or
                       intermediate

 5     school district or the governing body of a public school
                       academy

 6     or nonpublic school  A SCHOOL BOARD to an
                       individual for a posi-

 7    tion  as a teacher or a school administrator or for a
             position

 8     requiring state board approval  DESCRIBED IN THIS
                       SUBSECTION, OR

 9    UPON CONTRACTING WITH AN INDIVIDUAL AS AN INDEPENDENT CONTRACTOR


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 1    FOR A POSITION DESCRIBED IN THIS SUBSECTION, the  district,

 2     public school academy, or nonpublic school  SCHOOL
                       BOARD shall

 3    request from the criminal records division of the department of

 4    state police a criminal history check on the individual and,

 5    before employing the individual as a regular employee OR ALLOWING

 6    THE INDEPENDENT CONTRACTOR TO ENGAGE IN ANY ACTIVITY INVOLVING

 7    CONTACT WITH PUPILS, shall have received from the department of

 8    state police the report described in subsection (8).  THIS SUB-

 9    SECTION APPLIES TO ANY POSITION INVOLVING REGULAR CONTACT WITH

10    PUPILS OR OTHER CHILDREN, INCLUDING, BUT NOT LIMITED TO, TEACHER

11    OR OTHER INSTRUCTIONAL POSITION, SCHOOL ADMINISTRATOR, A POSITION

12    REQUIRING STATE BOARD APPROVAL, BUS DRIVER, PLAYGROUND AIDE,

13    LUNCH ROOM AIDE, HEALTH AIDE, CUSTODIAN, TUTOR, AND ATHLETIC

14    COACH OR OTHER EXTRACURRICULAR POSITION WORKING WITH PUPILS.

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

16     district, or intermediate school district or the governing
                       body

17     of a public school academy or nonpublic school  A
                       SCHOOL BOARD

18    determines it necessary to  employ  HIRE an
             individual for a

19    position described in subsection (1) for a particular school year

20    during that school year or within 30 days before the beginning of

21    that school year, the  board or governing body 
             SCHOOL BOARD may

22    employ the individual as a conditional employee under this sub-

23    section without first receiving the report described in

24    subsection (8) if all of the following apply:

25         (a) The  board or governing body  SCHOOL BOARD
             requests the

26    criminal history check required under subsection (1) before

27    conditionally employing the individual.



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 1         (b) The individual signs a statement that identifies all

 2    crimes for which he or she has been convicted, if any, and agree-

 3    ing that, if the report described in subsection (8) is not the

 4    same as the individual's statement, his or her employment con-

 5    tract will be voidable at the option of the  board or
             governing

 6     body  SCHOOL BOARD.  Not later than July
                       28, 1993, the  THE

 7    department shall develop and distribute to  districts and
             nonpub-

 8     lic schools  SCHOOL BOARDS a model form for the
                       statement

 9    required under this subdivision.  The department shall make
             the

10     model form available to public school academies.  A
                       district,

11     public school academy, or nonpublic  A school BOARD
                       shall use the

12    model form for the purposes of this subsection.

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

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

15    is not the same as the individual's statement under subsection

16    (2), the  board or governing body  SCHOOL BOARD may
             void the

17    individual's employment contract.  If an employment contract is

18    voided under this subsection, the individual's employment is ter-

19    minated, a collective bargaining agreement that would otherwise

20    apply to the individual's employment does not apply to the termi-

21    nation, and the  district, public school academy, or
             nonpublic

22     school or the board or governing body  SCHOOL BOARD
                       is not liable

23    for the termination.

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

25    instead of requesting a criminal history check under

26    subsection (1), a  school district, local act school
             district,

27     intermediate school district, public school academy, or



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 1    nonpublic  school BOARD may use a report received
             by another

 2     district, public school academy, or nonpublic 
             school BOARD or

 3    maintained by the department to confirm that the individual does

 4    not have any criminal history.  If that confirmation is not

 5    available, subsection (1) applies to an applicant for a position

 6    as a substitute teacher.

 7         (5) If an applicant for a position described in

 8    subsection (1) is being considered for employment in such a posi-

 9    tion by more than 1  school district, local act school
             district,

10     intermediate school district, public school academy, or

11     nonpublic  school BOARD and if the applicant agrees
                       in writing to

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

13    BOARD to share the report described in subsection (8) with

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

15     district, public school academy, or nonpublic 
                       school BOARD, A

16    SCHOOL BOARD may satisfy the requirements of subsection (1) by

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

18    another  district, public school academy, or nonpublic
              school

19    BOARD.

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

21    shall give written consent at the time of application for the

22    criminal records division of the department of state police to

23    conduct the criminal history check required under this section.

24         (7) A  school district, local act school district,
             interme-

25     diate school district, public school academy, or nonpublic
                       

26    school BOARD shall make a request to the criminal records

27    division of the department of state police for a criminal history



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 1    check required under this section on a form and in a manner

 2    prescribed by the criminal records division of the department of

 3    state police.

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

 5     school district, local act school district, intermediate
             school

 6     district, public school academy, or nonpublic 
                       school BOARD for a

 7    criminal history check on an applicant OR OTHER INDIVIDUAL under

 8    this section, the criminal records division of the department of

 9    state police shall conduct the criminal history check and, after

10    conducting the criminal history check and within that time

11    period, provide a report of the results of the criminal history

12    check to the  district, public school academy, or nonpublic
             

13    school BOARD.  The report shall contain any criminal history

14    record information on the applicant maintained by the criminal

15    records division of the department of state police.

16         (9) BEFORE ALLOWING AN INDIVIDUAL TO SERVE AS A VOLUNTEER IN

17    A POSITION THAT INVOLVES MORE THAN 5 HOURS OF CONTACT WITH PUPILS

18    IN A WEEK, A SCHOOL BOARD SHALL REQUEST FROM THE CRIMINAL RECORDS

19    DIVISION OF THE DEPARTMENT OF STATE POLICE A CRIMINAL HISTORY

20    CHECK ON THE INDIVIDUAL AND SHALL HAVE RECEIVED FROM THE DEPART-

21    MENT OF STATE POLICE THE REPORT DESCRIBED IN SUBSECTION (8).

22         (10) IF, RATHER THAN EMPLOYING THE STAFF DIRECTLY, A SCHOOL

23    BOARD CONTRACTS WITH ANOTHER ENTITY TO PROVIDE STAFF FOR THE

24    SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL

25    DISTRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL IN 1 OR MORE

26    POSITIONS DESCRIBED IN SUBSECTION (1), THE SCHOOL BOARD SHALL

27    REQUEST FROM THE CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF



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 1    STATE POLICE A CRIMINAL HISTORY CHECK ON EACH INDIVIDUAL ASSIGNED

 2    PURSUANT TO THE CONTRACT TO A POSITION DESCRIBED IN SUBSECTION

 3    (1) AND, BEFORE ALLOWING THE INDIVIDUAL TO ENGAGE IN ANY ACTIVITY

 4    INVOLVING CONTACT WITH PUPILS, SHALL HAVE RECEIVED FROM THE

 5    DEPARTMENT OF STATE POLICE THE REPORT DESCRIBED IN SUBSECTION

 6    (8).

 7         (11)  (9)  Criminal history record information
             received from

 8    the criminal records division of the department of state police

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

10     act school district, intermediate school district, public
                       school

11     academy, or nonpublic  school BOARD only for the
                       purpose of eval-

12    uating an applicant's qualifications for employment in the posi-

13    tion for which he or she has applied and for the purposes of

14     subsection (3)  SUBSECTIONS (3), (9), AND (10).  A
             member of the

15     board of a district or of the governing body of a public
             school

16     academy or nonpublic  school BOARD or an employee
                       of a  district,

17     public school academy, or nonpublic  school BOARD
                       shall not dis-

18    close the report or its contents except any felony conviction or

19    a misdemeanor conviction involving sexual or physical abuse to

20    any person who is not directly involved in evaluating the

21    applicant's OR OTHER INDIVIDUAL'S qualifications for employment

22    OR OTHER INTERACTION WITH PUPILS.  However, for the purposes of

23    subsection (4), a person described in this subsection may confirm

24    to ANOTHER SCHOOL BOARD OR an employee of another  district,

25     public school academy, or nonpublic  school BOARD
                       that a report

26    under subsection (8) has revealed that an individual does not

27    have any criminal history or may disclose that no report under



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

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

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

 4    concerning the individual to an appropriate representative of

 5    another  district, public school academy, or nonpublic
              school

 6    BOARD.  A person who violates this subsection is guilty of a mis-

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

 8    not subject to the penalties under section 1804.

 9         (12)  (10)  As used in this section:

10         (a) "Criminal history record information" means that term as

11    defined in section 1a of  Act No. 289 of the Public Acts of
             1925,

12     being section 28.241a of the Michigan Compiled Laws
                        1925 PA 289,

13    MCL 28.241A.

14         (B) "SCHOOL BOARD" MEANS THE BOARD OF A SCHOOL DISTRICT OR

15    LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL BOARD OF AN INTER-

16    MEDIATE SCHOOL DISTRICT, BOARD OF DIRECTORS OF A PUBLIC SCHOOL

17    ACADEMY, OR GOVERNING BOARD OF A NONPUBLIC SCHOOL, OR ITS DESIG-

18    NEE AUTHORIZED TO HIRE EMPLOYEES OR ENTER INTO CONTRACTS WITH

19    INDEPENDENT CONTRACTORS ON ITS BEHALF.

20         (C)  (b)  "State board approval" means that
             term as defined

21    in section 1539b.

22         Sec. 1230a.  (1) In addition to the criminal history check

23    required under section 1230,  the board of a school
             district,

24     local act school district, or intermediate school district
                       or the

25     governing body of a public school academy or nonpublic
                       school 

26    AND SUBJECT TO SUBSECTIONS (2), (4), AND (5), A SCHOOL BOARD

27    shall request the department of state police to conduct a



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 1    criminal records check through the federal bureau of

 2    investigation on an applicant for, or an individual who is hired

 3    for, a position  as a teacher or a school administrator or a

 4     position requiring state board approval  DESCRIBED
                       IN THIS SUB-

 5    SECTION OR AN INDEPENDENT CONTRACTOR WHO IS TO BE ASSIGNED TO A

 6    POSITION DESCRIBED IN THIS SUBSECTION.  Except as provided in

 7    subsection (2), a  board or governing body  SCHOOL
             BOARD shall

 8    not employ an individual in a position described in this subsec-

 9    tion OR ASSIGN AN INDEPENDENT CONTRACTOR TO A POSITION DESCRIBED

10    IN THIS SUBSECTION until after the  board or governing body
             

11    SCHOOL BOARD receives the results of the criminal records check.

12    A  board or governing body  SCHOOL BOARD requesting
             a criminal

13    records check under this section shall require the applicant or

14    individual to submit his or her fingerprints to the department of

15    state police for that purpose.  The department of state police

16    may charge a fee for conducting the criminal records check.  A

17     board or governing body  SCHOOL BOARD shall
             require an individ-

18    ual to submit his or her fingerprints for the purposes of this

19    section only at the time the individual initially applies for

20    employment with the  board or governing body 
             SCHOOL BOARD or is

21    initially employed by the  board or governing body 
             SCHOOL BOARD

22    OR CONTRACTED WITH AS AN INDEPENDENT CONTRACTOR BY THE SCHOOL

23    BOARD.  THIS SUBSECTION APPLIES TO ANY POSITION INVOLVING REGULAR

24    CONTACT WITH PUPILS OR OTHER CHILDREN, INCLUDING, BUT NOT LIMITED

25    TO, TEACHER OR OTHER INSTRUCTIONAL POSITION, SCHOOL ADMINISTRA-

26    TOR, A POSITION REQUIRING STATE BOARD APPROVAL, BUS DRIVER,

27    PLAYGROUND AIDE, LUNCH ROOM AIDE, HEALTH AIDE, CUSTODIAN, TUTOR,



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 1    AND ATHLETIC COACH OR OTHER EXTRACURRICULAR POSITION WORKING WITH

 2    PUPILS.

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

 4     district, or intermediate school district or the governing
                       body

 5     of a public school academy or nonpublic school  A
                       SCHOOL BOARD

 6    determines it necessary to  employ  HIRE an
             individual for a

 7    position described in subsection (1) for a particular school year

 8    during that school year or within 30 days before the beginning of

 9    that school year, the  board or governing body 
             SCHOOL BOARD may

10    employ the individual as a conditional employee under this sub-

11    section without first receiving the results of the criminal

12    records check under subsection (1) if all of the following

13    apply:

14         (a) The  board or governing body  SCHOOL BOARD
             requests the

15    criminal records check under subsection (1) before conditionally

16    employing the individual.

17         (b) The individual signs a statement that identifies all

18    crimes for which he or she has been convicted, if any, and agree-

19    ing that, if the results of the criminal records check under sub-

20    section (1) reveal information that is inconsistent with the

21    individual's statement, his or her employment contract will be

22    voidable at the option of the  board or governing body
              SCHOOL

23    BOARD.  Not later than September 30, 1995, the  THE
             department

24    shall develop and distribute to  districts and nonpublic
             schools 

25    SCHOOL BOARDS a model form for the statement required under this

26    subdivision.  The department shall make the model form
             available

27     to public school academies.  A district, public school
                       academy,



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 1    or nonpublic  A school BOARD shall use the model
             form for the

 2    purposes of this subsection.

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

 4    under subsection (2) and the results of the criminal records

 5    check under subsection (1) reveal information that is inconsis-

 6    tent with the individual's statement under subsection (2), the

 7     board or governing body  SCHOOL BOARD may void the
             individual's

 8    employment contract.  If an employment contract is voided under

 9    this subsection, the individual's employment is terminated, a

10    collective bargaining agreement that would otherwise apply to the

11    individual's employment does not apply to the termination, and

12    the  district, public school academy, or nonpublic school or
             the

13     board or governing body  SCHOOL BOARD is not liable
                       for the

14    termination.

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

16    instead of requesting a criminal records check under

17    subsection (1), a  school district, local act school
             district,

18     intermediate school district, public school academy, or

19     nonpublic  school BOARD may use results received by
                       another

20     district, public school academy, or nonpublic 
             school BOARD or

21    maintained by the department to confirm that the individual does

22    not have any criminal history.  If that confirmation is not

23    available, subsection (1) applies to an applicant for a position

24    as a substitute teacher.

25         (5) If an applicant for a position described in

26    subsection (1) is being considered for employment in such a

27    position by more than 1  school district, local act school



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 1    district, intermediate school district, public school
             academy, or

 2     nonpublic  school BOARD and if the applicant agrees
                       in writing to

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

 4    BOARD to share the results of the criminal records check with

 5    another  district, public school academy, or nonpublic
              school

 6    BOARD, then a  district, public school academy, or nonpublic
             

 7    school BOARD may satisfy the requirements of subsection (1) by

 8    obtaining a copy of the results of the criminal records check

 9    from another  district, public school academy, or nonpublic
             

10    school BOARD.

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

12    shall give written consent at the time of application for the

13    criminal records division of the department of state police to

14    conduct the criminal records check required under this section.

15         (7) A  school district, local act school district,
             interme-

16     diate school district, public school academy, or nonpublic
                       

17    school BOARD shall make a request to the department of state

18    police for a criminal records check under this section on a form

19    and in a manner prescribed by the department of state police.

20         (8) The results of a criminal records check under this sec-

21    tion shall be used by a  school district, local act school
             dis-

22     trict, intermediate school district, public school academy,
                       or

23     nonpublic  school BOARD only for the purpose of
                       evaluating an

24    individual's qualifications for employment in the position for

25    which he or she has applied and for the purposes of

26    subsections (3), (4),  and  (5), (10), AND (11).  A
             member of

27     the board of a district or of the governing body of a
             public



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 1    school academy or nonpublic school  A SCHOOL BOARD
             or an employee

 2    of a  district, public school academy, or nonpublic
              school BOARD

 3    shall not disclose those results, except any felony conviction or

 4    a misdemeanor conviction involving sexual or physical abuse, to

 5    any person who is not directly involved in evaluating the

 6    individual's qualifications for employment OR OTHER INTERACTION

 7    WITH PUPILS.  However, for the purposes of subsections (4) and

 8    (5), a person described in this subsection may provide a copy of

 9    the results under subsection (1) concerning the individual to an

10    appropriate representative of another  district, public
             school

11     academy, or nonpublic  school BOARD.  A person who
                       violates this

12    subsection is guilty of a misdemeanor punishable by a fine of not

13    more than $10,000.00, but is not subject to the penalties under

14    section 1804.

15         (9) Within 30 days after receiving a proper request by a

16     school district, local act school district, intermediate
             school

17     district, public school academy, or nonpublic 
                       school BOARD for a

18    criminal records check on an individual under this section, the

19    criminal records division of the department of state police shall

20    initiate the criminal records check.  After conducting the crimi-

21    nal records check for a SCHOOL BOARD OF A school district, local

22    act school district, intermediate school district, or public

23    school academy, the criminal records division of the department

24    of state police shall provide the results of the criminal records

25    check to the SCHOOL BOARD OF THE district or public school

26    academy.  After conducting the criminal records check for THE

27    SCHOOL BOARD OF a nonpublic school, the criminal records division



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 1    of the department of state police shall notify the SCHOOL BOARD

 2    OF THE nonpublic school of whether or not the criminal records

 3    check disclosed any criminal history that is not disclosed in the

 4    report on the individual provided to the SCHOOL BOARD OF THE non-

 5    public school under section 1230.

 6         (10) BEFORE ALLOWING AN INDIVIDUAL TO SERVE AS A VOLUNTEER

 7    IN A POSITION THAT INVOLVES MORE THAN 5 HOURS OF CONTACT WITH

 8    PUPILS IN A WEEK, A SCHOOL BOARD SHALL REQUEST THE DEPARTMENT OF

 9    STATE POLICE TO CONDUCT A CRIMINAL HISTORY CHECK ON THE INDIVID-

10    UAL THROUGH THE FEDERAL BUREAU OF INVESTIGATION AND SHALL HAVE

11    RECEIVED FROM THE DEPARTMENT OF STATE POLICE THE RESULTS OF THE

12    CRIMINAL HISTORY CHECK.  A SCHOOL BOARD REQUESTING A CRIMINAL

13    RECORDS CHECK UNDER THIS SUBSECTION SHALL REQUIRE THE INDIVIDUAL

14    TO SUBMIT HIS OR HER FINGERPRINTS TO THE DEPARTMENT OF STATE

15    POLICE FOR THAT PURPOSE.  THE DEPARTMENT OF STATE POLICE MAY

16    CHARGE A FEE FOR CONDUCTING THE CRIMINAL RECORDS CHECK.

17         (11) IF, RATHER THAN EMPLOYING THE STAFF DIRECTLY, A SCHOOL

18    BOARD CONTRACTS WITH ANOTHER ENTITY TO PROVIDE STAFF FOR THE

19    SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL

20    DISTRICT, PUBLIC SCHOOL ACADEMY, OR NONPUBLIC SCHOOL IN 1 OR MORE

21    POSITIONS DESCRIBED IN SUBSECTION (1), THE SCHOOL BOARD SHALL

22    REQUEST THE DEPARTMENT OF STATE POLICE TO CONDUCT A CRIMINAL HIS-

23    TORY CHECK THROUGH THE FEDERAL BUREAU OF INVESTIGATION ON EACH

24    INDIVIDUAL ASSIGNED PURSUANT TO THE CONTRACT TO A POSITION

25    DESCRIBED IN SUBSECTION (1) AND, BEFORE ALLOWING THE INDIVIDUAL

26    TO ENGAGE IN ANY ACTIVITY INVOLVING CONTACT WITH PUPILS, SHALL

27    HAVE RECEIVED FROM THE DEPARTMENT OF STATE POLICE THE RESULTS OF



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 1    THE CRIMINAL HISTORY CHECK.  A SCHOOL BOARD REQUESTING A CRIMINAL

 2    RECORDS CHECK UNDER THIS SUBSECTION SHALL REQUIRE THE INDIVIDUAL

 3    TO SUBMIT HIS OR HER FINGERPRINTS TO THE DEPARTMENT OF STATE

 4    POLICE FOR THAT PURPOSE.  THE DEPARTMENT OF STATE POLICE MAY

 5    CHARGE A FEE FOR CONDUCTING THE CRIMINAL RECORDS CHECK.

 6         (12)  (10)  As used in this section: 
             , "state 

 7         (A) "SCHOOL BOARD" MEANS THE BOARD OF A SCHOOL DISTRICT OR

 8    LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL BOARD OF AN INTER-

 9    MEDIATE SCHOOL DISTRICT, BOARD OF DIRECTORS OF A PUBLIC SCHOOL

10    ACADEMY, OR GOVERNING BODY OF A NONPUBLIC SCHOOL, OR ITS DESIGNEE

11    AUTHORIZED TO HIRE EMPLOYEES OR ENTER INTO CONTRACTS WITH INDE-

12    PENDENT CONTRACTORS ON ITS BEHALF.

13         (B) "STATE board approval" means that term as defined in

14    section 1539b.





























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