SB-0601, As Passed House, August 31, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 601

(As amended August 31, 2005)

[A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1230a (MCL 380.1230a), as added by 1995 PA 83.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

required under section 1230, 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 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,  a position as a

teacher or a school administrator or a position requiring state

board approval any full-time or part-time employment or who is

assigned to regularly and continuously work under contract in any

of its schools. Except as otherwise provided in  subsection (2)

this section, a board or governing body shall not employ an

individual  in a position described in this subsection  or allow an

individual to regularly and continuously work under contract in any

of its schools until after the board or governing body receives the

results of the criminal records check. A board or governing body

requesting a criminal records check under this section shall

require the  applicant or 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. A board or governing body shall require an

individual to submit his or her fingerprints for the purposes of

this section only at the time the individual initially applies for

employment with the board or governing body or is initially

employed by the board or governing body or is initially assigned to

work under contract in any of its schools.

     (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 results of the criminal records check under subsection (1) if

all of the following apply:

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

check under subsection (1) before conditionally employing the

individual.

     (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 results of the criminal records

check under subsection (1) reveal information that is inconsistent

with 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 September 30, 1995, 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 results of the criminal records check

under subsection (1) reveal information that is inconsistent with

the individual's statement under subsection (2), the board or

governing body may void the individual's employment contract. If an

employment contract is voided under this subsection, the

individual's employment is terminated, a collective bargaining

agreement that would otherwise apply to the individual's employment

does not apply to the termination, and the district, public school

academy, or nonpublic school or the board or governing body is not

liable for the termination.

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

instead of requesting a criminal records check under subsection

(1), a school district,  local act 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  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 results of

the criminal records check with another district, public school

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

academy, or nonpublic school may satisfy the requirements of

subsection (1) by obtaining a copy of the results of the criminal

records check from another district, public school academy, or

nonpublic school.

     (6) An applicant for  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 records 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 department of state police for a

criminal records check under this section on a form and in a manner

prescribed by the department of state police.

     (8) The results of a criminal records check under this section

shall be used by a school district,  local act school district,

intermediate school district, public school academy, or nonpublic

school only for the purpose of evaluating an individual's

qualifications for employment or assignment in the position for

which he or she has applied or been assigned and for the purposes

of subsections (3), (4), 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 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

(4) and (5), 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.

     (9) 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

records check on an individual under this section, the criminal

Senate Bill No. 601 (H-1) as amended August 31, 2005

records division of the department of state police shall initiate

the criminal records check through the federal bureau of

investigation. After conducting the criminal records check required

under this section for a school district,  local act 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 report on the individual provided to the nonpublic school

under section 1230.

     (10) [Except as provided in subsection (11),]  As used in this

section, "state board approval" means

that term as defined in section 1539b.  If the results received by

a school district, intermediate school district, public school

academy, or nonpublic school under subsection (9) 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

school district, public school academy, or nonpublic school under

subsection (9) disclose that an individual has been convicted of a

felony other than a listed offense, then the school district,

Senate Bill No. 601 (H-1) as amended August 31, 2005 (1 of 2)

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.

[(11) A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, PUBLIC

SCHOOL ACADEMY, OR NONPUBLIC SCHOOL MAY EMPLOY OR ALLOW AN INDIVIDUAL TO

REGULARLY AND CONtINOUSLY WORK UNDER CONTRACT IF THAT INDIVIDUAL WAS

CONVICTED OF A LISTED OFFENSE IF THE SUPERINTENDENT OR CHIEF ADMINISTATOR

 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 AND ANY

OF THE FOLLOWING APPLY:

     (A) THE INDIVIDUAL WAS CONVICTED AS A JUVENILE UNDER SECTION 520B,

520C, OR 520D OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B,

750.520C, AND 750.520D, OF COMMITTING, ATTEMPTING TO COMMIT, OR

CONSPIRING TO COMMIT A VIOLATION SOLELY DESCRIBED IN SECTION 520B(1)(A),

520C(1)(A), OR 520D(1)(A) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

750.520B, 750.520C, AND 750.520D, IF EITHER OF THE FOLLOWING APPLIES:

     (i) THE INDIVIDUAL WAS UNDER 13 YEARS OF AGE WHEN HE OR SHE

COMMITTED THE OFFENSE AND IS NOT MORE THAN 5 YEARS OLDER THAN THE VICTIM.

     (ii) THE INDIVIDUAL WAS 13 YEARS OF AGE OR OLDER BUT LESS THAN 17

YEARS OF AGE WHEN HE OR SHE COMMITTED THE OFFENSE AND IS NOT MORE THAN 3

YEARS OLDER THAN THE VICTIM.

     (B) THE INDIVIDUAL WAS CHARGED UNDER SECTION 520B, 520C, OR 520D OF

Senate Bill No. 601 (H-1) as amended August 31, 2005

THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 750.520C, AND

750.520D, WITH COMMITTING, ATTEMPTING TO COMMIT, OR CONSPIRING TO COMMIT

A VIOLATION SOLELY DESCRIBED IN SECTION 520B(1)(A), 520C(1)(A), OR

520D(1)(A) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B,

750.520C, AND 750.520D, AND IS CONVICTED AS A JUVENILE OF VIOLATING,

ATTEMPTING TO VIOLATE, OR CONSPIRING TO VIOLATE SECTION 520E OR 520G OF

THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520E AND 750.520G, IF

EITHER OF THE FOLLOWING APPLIES:

     (i) THE INDIVIDUAL WAS UNDER 13 YEARS OF AGE WHEN HE OR SHE

COMMITTED THE OFFENSE AND IS NOT MORE THAN 5 YEARS OLDER THAN THE VICTIM.

     (ii) THE INDIVIDUAL WAS 13 YEARS OF AGE OR OLDER BUT LESS THAN 17 YEARS OF AGE WHEN HE OR SHE COMMITTED THE OFFENSE AND IS NOT MORE THAN 3 YEARS OLDER THAN THE VICTIM.

     (C) THE INDIVIDUAL HAS SUCCESSFULLY COMPLETED HIS OR HER PROBATIONARY PERIOD UNDER SECTIONS 11 TO 15 OF CHAPTER II FOR

COMMITTING A LISTED OFFENSE AND HAS BEEN DISCHARGED FROM YOUTHFUL TRAINEE STATUS.

     (D) THE INDIVIDUAL WAS CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLATION SOLELY DESCRIBED IN SECTION 520E(1)(A) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520E, AND AT THE TIME OF THE VIOLATION WAS 17 YEARS OF AGE OR OLDER BUT LESS THAN 21 YEARS OF AGE AND IS NOT MORE THAN 5 YEARS OLDER THAN THE VICTIM.

(12) 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) Senate Bill No. 609.

     (b) Senate Bill No. 611.

     (c) House Bill No. 4402.

     (d) House Bill No. 4928.

     (e) House Bill No. 4930.

     (f) House Bill No. 4991.