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HB-4928, As Passed Senate, September 14, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4928

(As amended, August 31, 2005)

<<A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b),

as amended by 2004 PA 51, and by adding sections 1230f and 1230g.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1230f. 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 <<sections 1230a and 1230g>>. If a criminal arrest fingerprint card

subsequently submitted to the department of state police and

matches against a fingerprint that was submitted under section

House Bill No. 4928 as amended August 31, 2005 (1 of 4)

as amended September 13, 2005

1230a [or 1230g] and stored in the AFIS database, the department of state

police shall notify the department.

<<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 January 1, 2006, 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:

(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 working under contract as a substitute teacher, 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 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 the individual.

(3) If an individual described in subsection (1) is employed by or 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.

(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.

House Bill No. 4928 as amended August 31, 2005 (2 of 4)

(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, except any felony conviction or a misdemeanor conviction involving sexual or physical abuse, to any person who is not directly involved in evaluating the individual's qualifications for employment or assignment. However, for the purposes of subsections (2) and (3), a person described in this subsection may provide a copy of the results under subsection (1) concerning the individual to an appropriate representative of another district, public school academy, or nonpublic school. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, but is not subject to the penalties under section 1804.

(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.

(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, or public school academy, the criminal records division of the department of state police shall provide the results of the criminal records check to the district or public school academy. After conducting the criminal records check required under this section for a nonpublic school, the criminal records division of the department of state police shall notify the nonpublic school of whether or not the criminal records check disclosed any criminal history that is not disclosed in the criminal history check report on the individual provided to the nonpublic school under subdivision (a).

(8) If the results received by a school district, intermediate school district, public school academy, or nonpublic school under subsection (7) disclose that an individual has been convicted of a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall not employ the individual in any capacity, as provided under section 1230c, and shall not allow the individual to regularly and continuously work under contract in any of its schools. If the results received by a school district, intermediate

House Bill No. 4928 as amended August 31, 2005 (3 of 4)

school district, public school academy, or nonpublic school under subsection (7) disclose that an individual has been convicted of a felony other than a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall not employ the individual in any capacity or allow the individual to regularly and continuously work under contract in any of its schools unless the superintendent or chief administrator and the board or governing body of the school district, intermediate school district, public school academy, or nonpublic school each specifically approve the employment or work assignment 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.>>

Sec. 1535a. (1) Subject to subsection (2), if a person who

holds a teaching certificate that is valid in this state has been

convicted of a crime described in this subsection, within 10

working days after receiving notice of the conviction the

superintendent of public instruction shall notify the person in

writing that his or her teaching certificate may be suspended

because of the conviction and of his or her right to a hearing

before the superintendent of public instruction. The hearing shall

be conducted as a contested case under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the

person does not avail himself or herself of this right to a hearing

within 15 working days after receipt of this written notification,

the teaching certificate of that person shall be suspended. If a

hearing takes place, the superintendent of public instruction shall

complete the proceedings and make a final decision and order within

120 working days after receiving the request for a hearing. Subject

to subsection (2), the superintendent of public instruction may

suspend the person's teaching certificate based upon the issues and

evidence presented at the hearing. This subsection applies to any

of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

House Bill No. 4928 as amended August 31, 2005 (4 of 4)

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 145a, 335a, or 359 of

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

MCL 750.81, 750.81a, and 750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds a teaching certificate that is valid

in this state has been convicted of a crime described in this

subsection, the superintendent of public instruction shall find

that the public health, safety, or welfare requires emergency

action and shall order summary suspension of the person's teaching

certificate under section 92 of the administrative procedures act

of 1969, 1969 PA 306, MCL 24.292, and shall subsequently provide an

opportunity for a hearing as provided under that section. This

subsection does not limit the superintendent of public

instruction's ability to order summary suspension of a person's

teaching certificate for a reason other than described in this

subsection. This subsection applies to conviction of any of the

following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), or (i).

(k) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(l) ~~(f)~~ Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) The superintendent of public instruction after a hearing

shall not take action against a person's teaching certificate under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's teaching

certificate under subsection (1) or (2) based on a conviction that

occurred before the effective date of the amendatory act that added

this subsection if the superintendent of public instruction finds

that the conviction is reasonably and adversely related to the

person's present fitness to serve in an elementary or secondary

school in this state or that the conviction demonstrates that the

person is unfit to teach in an elementary or secondary school in

this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

teaching certificate. If the superintendent of public instruction

does not suspend or revoke the person's teaching certificate, the

public school, school district, intermediate school district, or

nonpublic school shall make the person whole for lost compensation,

without interest. However, if a collective bargaining agreement is

in effect as of the effective date of this subsection for employees

of a school district, intermediate school district, or public

school academy, and if the terms of that collective bargaining

agreement are inconsistent with this subsection, then this

subsection does not apply to that school district, intermediate

school district, or public school academy until after the

expiration of that collective bargaining agreement.

(5) ~~(4) After~~ Except as otherwise provided in this

subsection, after the completion of a person's sentence, the person

may request a hearing before the superintendent of public

instruction on reinstatement of his or her teaching certificate.

Based upon the issues and evidence presented at the hearing, the

superintendent of public instruction may reinstate, continue the

suspension of, or permanently revoke the person's teaching

certificate. The superintendent of public instruction shall not

reinstate a person's teaching certificate unless the superintendent

of public instruction finds that the person is currently fit to

serve in an elementary or secondary school in this state and that

reinstatement of the person's teaching certificate will not

adversely affect the health, safety, and welfare of pupils. If a

person's conviction was for a listed offense, the person is not

entitled to request a hearing on reinstatement under this

subsection, and the superintendent of public instruction shall not

reinstate the person's teaching certificate under this subsection.

(6) ~~(5)~~ All of the following apply to a person described in

this section whose conviction is reversed upon final appeal:

(a) The person's teaching certificate shall be reinstated upon

his or her notification to the superintendent of public instruction

of the reversal.

(b) If the suspension of the person's teaching certificate

under this section was the sole cause of his or her discharge from

employment, the person shall be reinstated, upon his or her

notification to the appropriate local or intermediate school board

of the reversal, with full rights and benefits, to the position he

or she would have had if he or she had been continuously employed.

subsection (4), the public school, school district, intermediate

House Bill No. 4928 as amended August 31, 2005

school district, or nonpublic school shall make the person whole

for lost compensation<<, without interest>>.

(7) ~~(6) Not later than 15 days after the date of the~~

~~conviction, the~~ If the prosecuting attorney in charge of a case

~~in which a person who holds a teaching certificate was convicted of~~

~~a crime described in subsection (1) or (2) and the court that~~

~~convicted the person~~ receives a form as provided under section

1230d, the prosecuting attorney shall notify the superintendent of

public instruction, and any public school, school district,

intermediate school district, or nonpublic school in which the

person is employed ~~, of that conviction, of the name and address~~

~~of the person convicted, and of~~ 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 section 1230d, the

court shall notify the superintendent of public instruction and any

public school, school district, intermediate school district, or

nonpublic school in which the person is employed 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. ~~A prosecuting attorney in charge of a case in~~

~~which a person is convicted of a crime described in subsection (1)~~

~~or (2) and a court that convicts a person of a crime described in~~

~~subsection (1) or (2) shall inquire whether the person holds a~~

~~teaching certificate.~~

(8) ~~(7)~~ Not later than ~~5 working~~ 7 days after receiving

notification ~~of a person's conviction~~ from the prosecuting

attorney or the court under subsection ~~(6)~~ (7) or learning

through an authoritative source that a person who holds a teaching

certificate has been convicted of a crime listed in subsection (1),

the superintendent of public instruction shall request the court

~~that convicted the person~~ to provide a certified copy of the

judgment of conviction and sentence or other document regarding the

disposition of the case to the superintendent of public instruction

and shall pay any fees required by the court. The court shall

provide this certified copy within ~~5 working~~ 7 days after

receiving the request and fees under this section or after entry of

the judgment or other document, whichever is later, even if the

court is maintaining the judgment or other document as a nonpublic

record.

(9) ~~(8)~~ If the superintendent of a school district or

intermediate school district, the chief administrative officer of a

nonpublic school, the president of the board of a school district

or intermediate school district, or the president of the governing

board of a nonpublic school is notified ~~by a prosecuting attorney~~

~~or court~~ or learns through an authoritative source that a person

who holds a teaching certificate and who is employed by the school

district, intermediate school district, or nonpublic school has

been convicted of a crime described in subsection (1) or (2), the

superintendent, chief administrative officer, or board president

shall notify the superintendent of public instruction of that

conviction within 15 days after learning of the conviction.

(10) ~~(9)~~ For the purposes of this section, a certified copy

of the judgment of conviction and sentence is conclusive evidence

of conviction of a crime described in this section. For the

purposes of this section, conviction of a crime described in this

section is considered to be reasonably and adversely related to the

ability of the person to serve in an elementary or secondary school

and is sufficient grounds for suspension or revocation of the

person's teaching certificate.

(11) ~~(10)~~ For any hearing under subsection (1), if the

superintendent of public instruction does not complete the hearing

procedures and make a final decision and order within 120 working

days after receiving the request for the hearing, as required under

subsection (1), the superintendent of public instruction shall

submit a report detailing the reasons for the delay to the standing

committees and appropriations subcommittees of the senate and house

of representatives that have jurisdiction over education and

education appropriations. The failure of the superintendent of

public instruction to complete the hearing procedures and make a

final decision and order within this 120 working day time limit, or

the failure of any other official or agency to meet a time limit

prescribed in this section, does not affect the validity of an

action taken under this section affecting a person's teaching

certificate.

(12) ~~(11)~~ Beginning ~~3 months after the effective date of~~

~~the amendatory act that added this subsection~~ July 1, 2004, the

superintendent of public instruction shall submit to the

legislature a quarterly report of all final actions he or she has

taken under this section affecting a person's teaching certificate

during the preceding quarter. The report shall contain at least all

of the following with respect to each person whose teaching

certificate has been affected:

(a) The person's name, as it appears on the teaching

certificate.

(b) The school district, intermediate school district, public

school academy, or nonpublic school in which the person was

employed at the time of the conviction, if any.

date of the offense and date of the conviction.

(d) Whether the action taken by the superintendent of public

instruction was a summary suspension, suspension due to failure to

request a hearing, suspension, revocation, or reinstatement of the

teaching certificate.

~~(12) Not later than 6 months after the effective date of the~~

~~amendatory act that added this subsection, the superintendent of~~

~~public instruction shall submit to the legislature an inventory~~

~~report with information on all final actions taken under this~~

~~section for the time period from~~ ~~March 30, 1988~~ ~~until the effective~~

~~date of the amendatory act that added this subsection. The report~~

~~shall contain at least all of the information required in the~~

~~quarterly report under subsection (11) with respect to each person~~

~~whose teaching certificate was affected during that time period. If~~

~~the superintendent of public instruction determines that the~~

~~information required for the report is not available for any~~

~~portion of that time period, the superintendent of public~~

~~instruction shall include with the report a detailed explanation of~~

~~the information that is not available and the reasons why the~~

House Bill No. 4928 (S-2) as amended September 13, 2005

~~information is not available.~~

(13) This section does not do any of the following:

(a) Prohibit a person who holds a teaching certificate from

seeking monetary compensation from a school board or intermediate

school board if that right is available under a collective

bargaining agreement or another statute.

(b) Limit the rights and powers granted to a school district

or intermediate school district under a collective bargaining

agreement, this act, or another statute to discipline or discharge

a person who holds a teaching certificate.

(14) The superintendent of public instruction may promulgate,

as necessary, rules to implement this section pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

[(15) The department of information technology shall work with the

department and the department of state police to develop and implement an

automated program that does a comparison of the department's list of

individuals holding a teaching certificate or state board approval with

the conviction information received by the department of state police.

Unless otherwise prohibited by law, this comparison shall include

convictions contained in a nonpublic record. The department and the

department of state police shall perform this comparison during January

and June of each year until July 1, 2008. If a comparison discloses that

a person on the department's list of individuals holding a teaching

certificate or state board approval has been convicted of a crime, the department shall notify the superintendent or chief administrator and the board or governing body of the school district, intermediate school district, public school academy, or nonpublic school in which the person is employed of that conviction.]

(16) ~~(15)~~ As used in this section:

(a) "Conviction" means a judgment entered by a court upon a

plea of guilty, guilty but mentally ill, or nolo contendere or upon

a jury verdict or court finding that a defendant is guilty or

guilty but mentally ill.

(b) "Listed offense" means that term as defined in section 2

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

attorney for a county, an assistant prosecuting attorney for a

county, the attorney general, the deputy attorney general, an

assistant attorney general, a special prosecuting attorney, or, in

connection with the prosecution of an ordinance violation, an

attorney for the political subdivision that enacted the ordinance

upon which the violation is based.

Sec. 1539b. (1) Subject to subsection (2), if a person who

holds state board approval has been convicted of a crime described

in this subsection, within 10 working days after receiving notice

of the conviction the superintendent of public instruction shall

notify the person in writing that his or her state board approval

may be suspended because of the conviction and of his or her right

to a hearing before the superintendent of public instruction. The

hearing shall be conducted as a contested case under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. If the person does not avail himself or herself of this

right to a hearing within 15 working days after receipt of this

written notification, the person's state board approval shall be

suspended. If a hearing takes place, the superintendent of public

instruction shall complete the proceedings and make a final

decision and order within 120 working days after receiving the

request for a hearing. Subject to subsection (2), the

superintendent of public instruction may suspend the person's state

board approval, based upon the issues and evidence presented at the

hearing. This subsection applies to any of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 145a, 335a, or 359 of

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

MCL 750.81, 750.81a, and 750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) If a person who holds state board approval has been

convicted of a crime described in this subsection, the

superintendent of public instruction shall find that the public

health, safety, or welfare requires emergency action and shall

order summary suspension of the person's state board approval under

section 92 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.292, and shall subsequently provide an opportunity for

a hearing as required under that section. This subsection does not

limit the superintendent of public instruction's ability to order

summary suspension of a person's state board approval for a reason

other than described in this subsection. This subsection applies to

conviction of any of the following crimes:

(a) Criminal sexual conduct in any degree, assault with intent

to commit criminal sexual conduct, or an attempt to commit criminal

sexual conduct in any degree.

(b) Felonious assault on a child, child abuse in the first

degree, or an attempt to commit child abuse in the first degree.

(d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410,

or 7416 of the public health code, 1978 PA 368, MCL 333.7401,

333.7403, 333.7410, and 333.7416.

(e) A violation of section 83, 89, 91, 145a, 145b, 145c, 316,

317, 350, 448, 455, or 529 of the Michigan penal code, 1931 PA 328,

MCL 750.83, 750.89, 750.91, 750.145a, 750.145b, 750.145c, 750.316,

750.317, 750.350, 750.448, 750.455, and 750.529, or a felony

violation of section 145d of the Michigan penal code, 1931 PA 328,

MCL 750.145d.

(f) A violation of section 158 of the Michigan penal code,

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

years of age.

(g) Except for a juvenile disposition or adjudication, a

violation of section 338, 338a, or 338b of the Michigan penal code,

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

individual less than 18 years of age.

(h) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

years of age.

(i) An offense committed by a person who was, at the time of

the offense, a sexually delinquent person as defined in section 10a

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

(j) An attempt or conspiracy to commit an offense listed in

subdivision (a), (e), (f), (g), (h), or (i).

(k) A violation of a substantially similar law of another

state, of a political subdivision of this state or another state,

or of the United States.

(l) ~~(f)~~ Any other crime listed in subsection (1), if the

superintendent of public instruction determines the public health,

safety, or welfare requires emergency action based on the

circumstances underlying the conviction.

(3) The superintendent of public instruction after a hearing

shall not take action against a person's state board approval under

subsection (1) or (2) unless the superintendent of public

instruction finds that the conviction is reasonably and adversely

related to the person's present fitness to serve in an elementary

or secondary school in this state or that the conviction

demonstrates that the person is unfit to teach in an elementary or

secondary school in this state. Further, the superintendent of

public instruction may take action against a person's state board

approval under subsection (1) or (2) based on a conviction that

occurred before the effective date of the amendatory act that added

this subsection if the superintendent of public instruction finds

that the conviction is reasonably and adversely related to the

person's present fitness to serve in an elementary or secondary

school in this state.

(4) If a person who has entered a plea of guilt or no contest

to or who is the subject of a finding of guilt by a judge or jury

of a crime listed in subsection (2) has been suspended from active

performance of duty by a public school, school district,

intermediate school district, or nonpublic school during the

pendency of proceedings under this section, the public school,

school district, intermediate school district, or nonpublic school

employing the person shall discontinue the person's compensation

until the superintendent of public instruction has made a final

determination of whether or not to suspend or revoke the person's

state board approval. If the superintendent of public instruction

does not suspend or revoke the person's state board approval, the

public school, school district, intermediate school district, or

nonpublic school shall make the person whole for lost compensation,

without interest. However, if a collective bargaining agreement is

in effect as of the effective date of this subsection for employees

of a school district, intermediate school district, or public

school academy, and if the terms of that collective bargaining

agreement are inconsistent with this subsection, then this

subsection does not apply to that school district, intermediate

school district, or public school academy until after the

expiration of that collective bargaining agreement.

(5) ~~(4) After~~ Except as otherwise provided in this

subsection, after the completion of the person's sentence, the

person may request a hearing before the superintendent of public

instruction on reinstatement of his or her state board approval.

Based upon the issues and evidence presented at the hearing, the

superintendent of public instruction may reinstate, continue the

suspension of, or permanently revoke the person's state board

approval. The superintendent of public instruction shall not

reinstate a person's state board approval unless the superintendent

of public instruction finds that the person is currently fit to

serve in an elementary or secondary school in this state and that

reinstatement of the person's state board approval will not

adversely affect the health, safety, and welfare of pupils. If a

person's conviction was for a listed offense, the person is not

entitled to request a hearing on reinstatement under this

subsection, and the superintendent of public instruction shall not

reinstate the person's state board approval under this subsection.

(6) ~~(5)~~ All of the following apply to a person described in

this section whose conviction is reversed upon final appeal:

(a) The person's state board approval shall be reinstated upon

his or her notification to the superintendent of public instruction

of the reversal.

(b) If the suspension of the state board approval was the sole

cause of his or her discharge from employment, the person shall be

reinstated upon his or her notification to the appropriate local or

House Bill No. 4928 as amended August 31, 2005

intermediate school board of the reversal, with full rights and

benefits, to the position he or she would have had if he or she had

been continuously employed.

subsection (4), the public school, school district, intermediate

school district, or nonpublic school shall make the person whole

for lost compensation<<, without interest>>.

(7) ~~(6) Not later than 15 days after the date of the~~

~~conviction, the~~ If the prosecuting attorney in charge of a case

~~in which a person who holds state board approval was convicted of a~~

~~crime described in subsection (1) or (2) and the court that~~