ECS
From the ECS State Policy Database
2003 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2003. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

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- Background Checks
PASigned into law 12/2003P-12Amends the Public School Code. Amends provisions related to background checks of prospective employees, tax levy and limitations, per capita taxes, tuition for certain exceptional children in charter schools for the deaf and blind, Head Start supplemental assistance, higher education campus police powers, educational improvement tax credit and assistance to school districts suffering reduction in revenue due to assessed property valuation.
Title: S.B. 80
Source: StateNet

CASigned into law 09/2003P-12Requires the Commissioner of the California Highway Patrol and arresting law enforcement to give notices to specified school officials upon the arrest of a school employee for specified controlled substances or sex offenses, including the Commission on Teacher Credentialing if the employee is a teacher in a public school. Requires the commission to immediately notify the governing board of the school district employing that person. http://www.leginfo.ca.gov/pub/bill/asm/ab_0601-0650/ab_608_bill_20030926_chaptered.html
Title: A.B. 608
Source: California Legislative Web site

NYSigned into law 09/2003P-12Requires that a criminal background check be performed on any individual who is employed by a supplemental education services provider.
Title: S.B. 5546
Source: StateNet

ILSigned into law 08/2003P-12Amends various Acts relating to criminal history records checks. Provides that applicants for various occupations, including prospective school employees, submit fingerprints to the Department of State Police. Provides for a fee for the records check. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=564&GAID=3&DocTypeID=HB&LegID=1020&SessionID=3
Title: H.B. 564
Source: Illinois Legislative Web site

MISigned into law 08/2003P-12Requires the department to maintain a professional personnel register and certificate revocation/felony conviction files.
http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf
Title: H.B. 4391 (multiple provisions)
Source: www.michiganlegislature.org

ORTemporary Rule Adoption 08/2003P-12Amends rules to authorize the Department of Education to conduct on behalf of a school district or a private school criminal records checks of potential school employees, other than teachers, who will have direct, unsupervised contact with children. Provides a list of offenses that the District prohibits from being hired. Clarifies the definition of 'conviction'. OREGON REG 24619 (SN)
Title: OAR 581-022-1730, -1732
Source: StateNet

NCSigned into law 07/2003P-12Enhances the ability of the State Board of Education to safeguard schoolchildren through automatic revocation of teacher certificates upon conviction of certain crimes, and the use of investigative services as needed.
Title: S.B. 993
Source: StateNet

NYSigned into law 07/2003P-12Authorizes the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check.
Title: S.B. 5059
Source: StateNet

WIVetoed 07/2003P-12Permits an educational agency to refuse to employ or to terminate from employment an unpardoned felon.
Title: A.B. 41
Source: StateNet

COSigned into law 06/2003P-12Requires courts to report felony convictions to the Department of Education when the convicted person is a current or former employee of a school district or charter school in Colorado or the person holds an educator license or authorization. The reporting requirement includes incest offenses where the victim is under 18 years of age. The Department of Education would provide information regarding convictions for
misdemeanor crimes involving domestic violence upon an inquiry from school districts or a nonpublic school. After receiving information from the court or from the Colorado Bureau of Investigation, the Department of Education would report the following arrests or convictions to the school district that is the offender's current or last known employer: a felony offense; certain misdemeanors involving indecent exposure, unlawful sexual behavior, wrongs to children, child prostitution, and any counterpart municipal offenses; and misdemeanors involving domestic violence. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/F6B2F2132B86C7C887256C5A0061E0FD?Open&file=1114_enr.pdf
Title: H.B. 1114
Source: Colorado Legislative Web site

LASigned into law 06/2003P-12Adds a charge of immorality as a cause for dismissal of a teacher, bus driver, or permanent employee; defines immorality as conviction of a felony offense against the public morals.
http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB778&doctype=BT
Title: H.B. 778
Source: www.legis.state.la.us

MEVetoed 06/2003P-12Restricts fingerprinting of educational personnel to new hires. Specifies that statistics and other information gathered during fingerprinting and background checks of educational personnel are public information, but that dissemination of such information must preserve confidentiality of the information. Specifies how statistics and other information may be disseminated. Allows state board to establish criminal offenses, fraud or gross incompetence as grounds for denial of teaching certificate or approval. Allows consideration of prior criminal convications as element of fitness to be certified or renewed, within 3 years of applicant's final release from a correctional system. After those 3 years, an applicant with a prior criminal conviction who applies for certification or approval must be considered in the same manner as an applicant with no prior prior criminal convictions. Specifies that crime punishable by one year or more of imprisonment or conviction of crime that relates directly to certification or approval by applicant or that demonstrates conduct that may endanger a child are grounds for revocation, suspension or nonrenewal. Places burden of proof of warranting public trust on applicant.
http://www.mainelegislature.org/legis/bills/billdocs/LD089001.doc
Title: H.P. 667 (LD 890)
Source: www.mainelegislature.org

MOSigned into law 06/2003P-12Requires the state board to adopt rules to facilitate job-sharing positions for classroom teachers, as the term "job-sharing" is defined in this section. Rules must allow a classroom teacher in a job-sharing position to receive paid legal holidays, annual vacation leave, sick leave and personal leave on a pro rata basis. "Job-sharing position" must mean any position: (1) Shared with one other employee; (2) Requiring employment of at least seventeen hours per week but not more than twenty hours per week on a regular basis; and (3) Requiring at least seventy percent of all time spent in classroom instruction as determined by the employer; provided that, job sharing position shall not include instructional support or school services positions including, but not limited to, guidance counselor, media coordinator, psychologist, social worker, audiologist, speech and language pathologist, and nursing positions. Specifies that any teacher participating in the job-sharing program must be a member of the public school retirement system, and must receive creditable service on a pro rata basis in that system. Requires any such person to have the option of being a member of the nonteacher school employee retirement system. The option election must be filed with the board of trustees of the public school retirement system within ninety days of first such employment or within ninety days of August 28, 2003, whichever later occurs.
http://www.house.state.mo.us/bills03/biltxt/truly/HB0346T.HTM
Title: H.B. 346 (multiple provisions)
Source: www.house.state.mo.us

MOSigned into law 06/2003P-12Specifies that all valid teaching certificates issued prior to September 1988 are exempt from the professional development requirement that follows. Narrows types of teacher licences available to an initial professional certificate and a career continuous professional certificate. Specifies that the state board must require holders of the four year initial professional certificate to: (a) Participate in a mentoring program approved and provided by the district for a minimum of two years; (b) Complete thirty contact hours of professional development, which may include hours spent in class in an appropriate college curriculum; and (c) Participate in a beginning teacher assistance program. Changes requirements for receipt of the career continuous professional certificate to: four years of teaching under the initial professional certificate and upon verification of the completion of the requirements articulated in paragraphs (a), (b), and (c) of subdivision (1) of this subsection. (b) The career continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines and completion of fifteen contact hours of professional development per year which may include hours spent in class in an appropriate college curriculum. Should the possessor of a valid career continuous professional certificate fail, in any given year, to meet the fifteen-hour professional development requirement, the possessor may, within two years, make up the missing hours. In order to make up for missing hours, the possessor shall first complete the fifteen-hour requirement for the current year and then may count hours in excess of the current year requirement as make-up hours. Should the possessor fail to make up the missing hours within two years, the certificate shall become inactive. In order to reactivate the certificate, the possessor shall complete twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate. The requirements of this paragraph shall be monitored and verified by the local school district which employs the holder of the career continuous professional certificate.
(c) A holder of a career continuous professional certificate shall be exempt from the professional development contact hour requirements of paragraph (b) of this subdivision if such teacher has a local professional development plan in place within such teacher's school district and meets two of the three following criteria:
a. Has ten years of teaching experience as defined by the state board of education;
b. Possesses a master's degree; or
c. Obtains a rigorous national certification as approved by the state board of education.

Allows a teacher who has not been employed in an educational position for three years or more to reactivate his or her last level of certification by completing twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate.

Requires the state board to, upon an appropriate background check, issue a professional certificate classification in the areas most closely aligned with an applicant's current areas of certification, commensurate with the years of teaching experience of the applicant, to any person who is hired to teach in a public school in this state and who possesses a valid teaching certificate from another state, provided that the certificate holder shall annually complete the state board's requirements for such level of certification.

Adds that pleading guilty or being found guilty of enticement of a child or attempting to entice a child are offenses that will cause a teaching license to be revoked. Adds that when a teaching certificate holder pleads guilty or is found guilty of any offense that would authorize the state board of education to seek discipline against that holder's certificate of license to teach, the local board of education or the department of elementary and secondary education shall immediately provide written notice to the state board of education and the attorney general regarding the plea of guilty or finding of guilty.

http://www.senate.state.mo.us/03info/billtext/tat/sb296.htm
Title: S.B. 296 (multiple provisions)
Source: www.senate.state.mo.us

IASigned into law 05/2003P-12Requires any local board, superintendent or head of any nonpublic school to report to the state educational examiners board every instance of revocation or nonrenewal of a school employee's contract due to alleged or actual misconduct, as well as the resignation of the individual holding the license or authorization from the educational examiners board, when the incident or allegation concerns a crime that requires the licensing board to automatically revoke or deny certification, if the local board or reporting official has good cause to believe the incident took place or the allegation is true. Specifies that such information reported to the educational examiners board is confidential and, notwithstanding special circumstances, is not subject to discovery, subpoena or other forms of legal compulsion for release to any individual other than the respondent and the examiners board and its employees involved in licensee discipline, and is not admissible in evidence in judicial or administrative proceedings beyond the proceeding concerning licensee discipline. Requires the educational examiners board to review the information to determine whether a complaint should be initiated, taking into account the crimes for which a license must be denied or revoked according to state statute.
See Section 16: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

IASigned into law 05/2003P-12Allows a temporary contract to be issued to a teacher to fill a vacancy created by a leave of absence occasioned by a teacher's taking of military leave. Such temporary contract must automatically terminate when the former incumbent returns from military leave. Such contracts are not subject to certain protections and procedures extended to teachers under standard contracts.
See Section 31: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

IASigned into law 05/2003P-12Requires the state board of educational examiners to disqualify an individual from obtaining a teaching license or revoke the teaching license of any individual who pleas guilty or is found guilty of "sexual exploitation by a school employee," regardless of the state or country in which the plea or finding was entered. See Section 14: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

INSigned into law 05/2003P-12Revises policies a school may adopt concerning criminal history checks; requires a prosecuting attorney to notify the state superintendent of public instruction and the employer when a licensed school employee is convicted of certain offenses; revises grounds for which teachers' licenses may be revoked and contracts may be canceled; makes changes concerning liability in legal actions; provides civil immunity for making certain reports concerning a teacher; changes the law concerning seduction of a child at least 16 years of age to add certain actions that constitute the offense and to expand coverage to all employees of a child's school. http://www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=1620
Title: H.B. 1620
Source: Indiana Legislative Web site

MESigned into law 05/2003P-12Beginning with the 2003-2004 school year, requires a person employed as a substitute teacher and a person who is a regular school employee and who also needs fingerprinting and a criminal history record check to be issued a temporary approval card by the Department of Education and to meet the fingerprinting and criminal history record check requirements within 8 weeks of employment. Specifies that for a person who has been fingerprinted pursuant to this section prior to the 20th day of employment and who has not received the results of the criminal history record check prior to the 9th week of employment, the temporary approval card remains valid until the commissioner determines whether approval is granted or denied based on the criminal history record information obtained from the State Bureau of Identification.
http://www.mainelegislature.org/legis/bills/billdocs/LD103201.doc
Title: H.P. 749 (LD 1032)
Source: www.mainelegislature.org

OKSigned into law 05/2003P-12Relates to criminal history checks for licensing of bailbondsman, security guards and private investigator licensure, school district teacher employment, members of the Horse Racing Commission, members of the Alcoholic Law Enforcement Commission, precious metal and gem dealer licensing, and the practice of law.
Title: H.B. 1469
Source: StateNet

WASigned into law 05/2003Postsec.Revises provisions relating to registration of sex offenders and kidnapping offenders; requires such offenders who gain employment or student status at an institution of higher education to register with the sheriff of the county of residence or location of the institution. http://www.leg.wa.gov/pub/billinfo/2003-04/House/1700-1724/1712_pl_04252003.txt
Title: H.B. 1712
Source: StateNet

MSSigned into law 04/2003P-12Adds that any nonpublic school accredited or approved by the state board may use the procedures established in statute for criminal background checks of public school employees, and must pay the same fees for these checks as public school employees.
http://billstatus.ls.state.ms.us/documents/2003/html/HB/0700-0799/HB0742SG.htm
Title: H.B. 742
Source: billstatus.ls.state.ms.us

TNSigned into law 04/2003P-12Clarifies that criminal history records check for persons working with children will include check conducted by federal bureau of investigation along with Tennessee bureau of investigation; clarifies that federal bureau of investigation will be reimbursed for cost of check in same as Tennessee bureau of investigation; includes religious, charitable, scientific, educational, or athletic institution or organization requesting such information.
Title: H.B. 1314
Source: StateNet

NMSigned into law 03/2003P-12Amends Section 22-10A-5 by adding a requirement for superintendents to report to the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the employee. The state board may suspend or revoke the license of any superintendent who fails to report as required. Any person who reports this type of information shall not be held liable for civil damages, provided that the person being accused has the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf
Title: H.B. 212 (Omnibus Bill)
Source: New Mexico Legislature

SDSigned into law 03/2003P-12Clarifies and revises certain provisions concerning criminal background investigations of school district employees and student teachers.
Title: S.B. 157
Source: StateNet

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