Print Friendly HOUSE BILL NO. 444
– School dist contractr/criminal hist
HOUSE BILL NO. 444
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
]]]] 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
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
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
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.
There is no fiscal impact on General or dedicated funds.
Name: Representative Jim Patrick
STATEMENT OF PURPOSE/FISCAL NOTE H 444