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HOUSE BILL NO. 444

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Bill Status

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H0444..........................................................by EDUCATION
EDUCATION - Amends existing law to require criminal history checks for
certain employees of persons who provide contracted services to a school
district; to provide for payment; and to provide that certain employees
shall not come into direct contact with students if such employees have
pleaded to or been found guilty of certain crimes.

01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Educ

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 444

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO EDUCATION; AMENDING SECTION 33-130, IDAHO CODE, TO REQUIRE  CRIMI-
  3        NAL HISTORY CHECKS FOR CERTAIN EMPLOYEES OF PERSONS WHO PROVIDE CONTRACTED
  4        SERVICES  TO A SCHOOL DISTRICT, TO PROVIDE FOR PAYMENT AND TO PROVIDE THAT
  5        CERTAIN EMPLOYEES SHALL NOT COME INTO DIRECT CONTACT WITH STUDENTS IF SUCH
  6        EMPLOYEES HAVE PLEADED TO OR BEEN FOUND GUILTY OF CERTAIN CRIMES.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 33-130, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:

 10        33-130.  CRIMINAL  HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES, OR APPLI-
 11    CANTS FOR CERTIFICATES AND  EMPLOYEES  OF  SCHOOL  DISTRICT  CONTRACTORS.  The
 12    department  of  education,  through the cooperation of the Idaho state police,
 13    shall establish a system to obtain a criminal history  check  on  certificated
 14    and noncertificated employees, and all applicants for certificates pursuant to
 15    chapter  12,  title  33,  Idaho Code, and the employees of persons who provide
 16    contracted services to a school district and who come into direct contact with
 17    the school district's students in the course of their employment. The criminal
 18    history check shall include the following:
 19        (1)  Statewide criminal identification bureau;
 20        (2)  Federal bureau of investigation (FBI) criminal history check;
 21        (3)  National crime information center; and
 22        (4)  Statewide sex offender register.
 23        The state department of education shall charge all  applicants  a  fee  of
 24    forty  dollars  ($40.00)  for  undergoing a criminal history check pursuant to
 25    this section. The fee shall be sufficient to cover costs charged by  the  fed-
 26    eral  bureau  of  investigation,  the state police and the state department of
 27    education.  A record of all background checks shall be maintained at the state
 28    department of education in a data bank for all employees of a school  district
 29    with  a copy going to the applicant. The department of education shall forward
 30    to all applicants for a criminal history check, notification that the  finger-
 31    print  card  has been destroyed after the background check has been completed.
 32    The department of education and the Idaho state police shall ensure that  fin-
 33    gerprint  cards  have  been  destroyed after a criminal history check has been
 34    completed.
 35        The person who provides contracted services to the school  district  shall
 36    be responsible for the fee required for the criminal history check required by
 37    this section. No individual employed by a person providing contracted services
 38    to a school district shall have direct contact with the school district's stu-
 39    dents  in  the  course  of that individual's employment if that individual has
 40    pleaded guilty to or is found guilty of, notwithstanding the form of  judgment
 41    or  withheld judgment, any of the felony offenses against a child as specified
 42    in section 33-1208 2., Idaho Code.
 43        The Idaho state police and the department of education shall  implement  a

                                       2

  1    joint  exercise  of  powers  agreement  pursuant  to  sections 67-2328 through
  2    67-2333, Idaho Code, necessary to implement the provisions of this section.

Statement of Purpose / Fiscal Impact

     
                       STATEMENT OF PURPOSE

                             RS 17740

The proposed legislation will amend the existing statute  Idaho
Code Section 33-130 to clarify the requirements of school
contractors to have background checks for employees in direct
contact with school children.


                           FISCAL NOTE

     There is no fiscal impact on General or dedicated funds.




Contact
Name: Representative Jim Patrick
Phone: 332-1043 


STATEMENT OF PURPOSE/FISCAL NOTE                         H 444