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H0672..........................................................by EDUCATION
SCHOOLS - CRIMINAL HISTORY CHECKS - Amends existing law to clarify the
databases that shall be used in a criminal history check for school
district employees or applicants for teaching certificates; to provide that
copies of certain applicant records and notifications shall be sent to the
applicant only upon request of the applicant; to provide that it is the
responsibility of the State Department of Education to ensure that
fingerprint cards are destroyed after a check has been completed; and to
provide rulemaking authority to the State Board of Education to establish a
thorough system of criminal history checks.
02/22 House intro - 1st rdg - to printing
02/25 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 672
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI-
3 CANTS FOR CERTIFICATES; AMENDING SECTION 33-130, IDAHO CODE, TO CLARIFY
4 THE DATABASES THAT SHALL BE USED IN A CRIMINAL HISTORY CHECK, TO PROVIDE
5 THAT COPIES OF CERTAIN APPLICANT RECORDS AND NOTIFICATIONS SHALL BE SENT
6 TO THE APPLICANT ONLY UPON REQUEST OF THE APPLICANT, TO PROVIDE THAT IT IS
7 THE RESPONSIBILITY OF THE STATE DEPARTMENT OF EDUCATION TO ENSURE THAT
8 FINGERPRINT CARDS ARE DESTROYED AFTER A CHECK HAS BEEN COMPLETED AND TO
9 PROVIDE RULEMAKING AUTHORITY TO THE STATE BOARD OF EDUCATION TO ESTABLISH
10 A THOROUGH SYSTEM OF CRIMINAL HISTORY CHECKS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 33-130, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI-
15 CANTS FOR CERTIFICATES. (1) The department of education, through the coopera-
16 tion of the Idaho state police, shall establish a system to obtain a finger-
17 print-based criminal history check on certificated and noncertificated employ-
18 ees, and all applicants for certificates pursuant to chapter 12, title 33,
19 Idaho Code. The criminal history check shall include checks of the following:
20 (1) Statewide Idaho state police's bureau of criminal identification
21 bureau; databases, including the sex offender registry, and the
22 (2) Ffederal bureau of investigation (FBI) criminal history check;
23 databases, as appropriate.
24 (3) National crime information center; and
25 (4) Statewide sex offender register.
26 (2) The state department of education shall charge all applicants a fee
27 of forty dollars ($40.00) for undergoing a criminal history check pursuant to
28 this section. The fee shall be sufficient to cover costs charged by the fed-
29 eral bureau of investigation, the state police and the state department of
30 education.
31 (3) A record of all background checks shall be maintained at the state
32 department of education in a data bank for all employees of a school district
33 with a copy going to the applicant upon request. Also upon request of the
34 applicant, tThe department of education shall forward to all applicants for a
35 criminal history check, notification that the fingerprint card has been
36 destroyed after the background check has been completed. The department of
37 education and the Idaho state police shall ensure that fingerprint cards have
38 been destroyed after a criminal history check has been completed.
39 (4) The state board of education shall adopt rules in accordance with the
40 provisions of chapter 52, title 67, Idaho Code, to establish a thorough system
41 of criminal history checks.
42 (5) The Idaho state police and the department of education shall imple-
43 ment a joint exercise of powers agreement pursuant to sections 67-2328 through
2
1 67-2333, Idaho Code, necessary to implement the provisions of this section.
STATEMENT OF PURPOSE
RS 12065C1
This legislation amends Section 33-130: (1) to make technical
corrections in the terms used to describe the databases when criminal
background checks are made of employees working in Idaho schools, (2)
to make it a requirement that copies of the report of background
checks and notification that fingerprint records have been destroyed
are sent to employees at their request, and (3) to provide rulemaking
authority to the State Board of Education to establish regulations to
carry out and clarify how the criminal background check statute is to
be implemented. The rule making process will allow the department of
education to follow negotiated rulemaking procedures so school
districts affected by the rules will be involved in creating
improvements in criminal background check requirements, and to begin
the process of amending Section 33-512(15) of Idaho Code, to coincide
with the improvements negotiated.
Fiscal Impact
There will be no fiscal impact on the state budget or to the
appropriation for public schools.
Contact
Name: Representative Janet Aikele
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 672