ECS
From the ECS State Policy Database
2008 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 2008. 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].

State Status/Date Level Summary
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- Background Checks
IDAdopted 08/2008P-12Amends rules relating to uniformity. Includes definitions and addresses the process of obtaining a criminal history check for applicants for certification, school district employees, substitute teachers, student teachers and individuals who have unsupervised ontact with students in a K-12 setting.
http://www2.state.id.us/adm/adminrules/rules/idapa08/08index.htm
Title: IDAPA 08.02.02
Source: http://www2.state.id.us

ILSigned into law 08/2008P-12Provides that if a school district employee has made a report of suspected child abuse to the department of children and family services involving the conduct of a current or former district employee, and another school district requests information on the job performance or qualifications of the current or former employee because he or she is an applicant for employment with the requesting school district, the general superintendent must disclose to the requesting school district the fact that an employee has made a report involving the conduct of the applicant.

Provides that in any instance in which a report is made by a school district employee involving the conduct of a person employed by the school district, at the time the report was made, the Child Protective Service Unit must send a copy of its final finding report to the general superintendent of that school district.

Provides immunity to school personnel reporting or disclosing information on suspected child abuse.
http://www.ilga.gov/legislation/95/HB/PDF/09500HB4252lv.pdf
Title: H.B. 4252
Source: Lexis-Nexis/StateNet

DEAdopted 07/2008P-12Proposes rule requiring student teachers to have criminal background checks prior to placement in a school setting.
http://regulations.delaware.gov/AdminCode/title14/700/746.pdf
Title: 14 DAC 746
Source: http://regulations.delaware.gov/

DEAdopted 07/2008P-12Proposes rule addressing criminal background check for public school related employment.
http://regulations.delaware.gov/AdminCode/title14/700/745.pdf
Title: 14 DAC 745
Source: http://regulations.delaware.gov

LASigned into law 07/2008P-12Provides that background checks must indicate whether a person has been arrested for a criminal offense. Eliminates provision that record of all criminal convictions provided to a local school board must be limited to convictions during a maximum of 10 years prior to the date of request. Eliminates provision that background check report must provide only such information as is necessary to specify whether or not that person has been convicted of or pled nolo contendere to any such crime or crimes, the crime or crimes of which he has been convicted or to which he has pled nolo contendere, and the date or dates on which they occurred.

Provides that a person may not be hired or serve as a volunteer until he/she has submitted finger prints to to the Louisiana Bureau of Criminal Identification and Information and it has been determined that such person has not been convicted of or pled nolo contendere to a crime listed in R.S.
23 15:587.1(C). http://www.legis.state.la.us/billdata/streamdocument.asp?did=503798
Title: H.B. 1007
Source: www.legis.state.la.us

OHSigned into law 06/2008P-12Requires the state board or state superintendent to automatically revoke or deny an educator license, without an administrative hearing, for anyone convicted of, if found guilty of or has plead guilt to certain offenses. Requires prosecutors to notify the state board if a licensee or non-licensed employee is eleigible for intervention in lieu of convication or has agreed to a pre-trial diversion program. Requires school authorities to report in similar fashion. Provides if a person who is employed by a community school is arrested, summoned or indicted for certain offenses, the employee must be suspended from all duties that require the care, custody or control of a child during the criminal action. against the person; relates to background checks.
http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_428
Title: H.B. 428
Source: http://www.legislature.state.oh.us

TNSigned into law 06/2008P-12Clarifies that any person, corporation, or other entity who enters or renews a contract, or contracts with any person or entity who enters or renews a contract, with a school, local board of education, or child care program is responsible for obtaining criminal background checks on all employees who go on school grounds; authorizes out-of-state employers to satisfy requirement by showing that background checks were conducted in another state; creates limited exemptions to background check requirement. - Amends TCA Title 49, Chapter 5, Part 4. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1080.pdf
Title: S.B. 2807
Source: http://www.legislature.state.tn.us

TNSigned into law 06/2008P-12Requires all students wishing to enter approved teacher training programs shall be required to: (1) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation (TBI) and the Federal Bureau of Investigation (FBI); and (2) Agree that the TBI may send to the teacher training program information indicating the results of the criminal history records check. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1180.pdf
Title: S.B. 3285
Source: http://www.legislature.state.tn.us

AZSigned into law 05/2008P-12Relates to fingerprinting of contracted school employees; provides that fingerprints submitted shall be used to conduct a State and National criminal records check and the Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation; provides a school district will fingerprint or require the submission of a full set of prints from any vendor or employee who is contracted to provide services on a regular basis on school property. Chapter 222
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/2r/summary/h.hb2694_05-14-08_astransmittedtogovernor.doc.htm
Title: H.B. 2694
Source: http://www.azleg.gov

AZSigned into law 05/2008P-12Provides that a person who is employed by a school district or charter school or who is an applicant for employment at either, who is arrested for or charged with various crimes including sexual assault of a child or adult or certain violent crimes against children or vulnerable adults who does not immediately report the arrest or charge is guilty of unprofessional conduct and shall be immediately dismissed from employment or potential employment. Chapter 212
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/2r/summary/h.hb2042_05-15-08_astransmittedtogovernor.doc.htm
Title: H.B. 2042
Source: http://www.azleg.gov

COSigned into law 05/2008P-12Concerns criminal background investigations of school employees; adds to the list of entities able to conduct inquiries concerning prospective employees, the governing board of a charter school or institute charter school; relates to whether a person's educator license or certification has ever been denied, suspended, revoked, or annulled for a crime involving unlawful sexual behavior or behavior involving children; relates to a background investigation fee.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/C93C45E7DF96C376872573F6000039D2?open&file=208_enr.pdf
Title: S.B. 208
Source: http://www.leg.state.co.us/

COSigned into law 05/2008P-12Requires the Department of Education to respond to a background query concerning a prospective employee within a certain amount of time; directs a school district to report to the department after a dismissal or resignation as a result of an allegation of unlawful behavior with a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence; relates to immunity and the notice requirement for an action arising out of a failure to perform an employment background check.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/5FFDF844AF37903E872573ED00663A11?open&file=1344_enr.pdf
Title: H.B. 1344
Source: http://www.leg.state.co.us/

MNSigned into law 05/2008P-12Requires all K-12 athletic coaches undergo criminal history background checks. Requires the school hiring authority to notify parents and guardians about the school hiring authority's policy regarding a criminal background check on employees and other individuals who provide services to the school and to identify those positions requiring such check. Provides the authority may include the notice in the student handbook, or similar communication.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2369.4.html&session=ls85
Title: S.B. 2369
Source: https://www.revisor.leg.state.mn.us

MNSigned into law 05/2008P-12Requires school boards to seek information from prospective employees and the Board of Teaching about disciplinary actions against the employees; provides a school hiring authority may hire or allow an individual to provide a service to a school pending completion of a background check or obtaining a notice of Board of Teaching action but shall notify the individual that the individual's employment or service may be terminated based on the results.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2597.3.html&session=ls85
Title: S.B. 2597
Source: https://www.revisor.leg.state.mn.us

OKSigned into law 05/2008P-12Finds that licensed child care facilities and other organizations serving children, together with all parents and guardians, should be able to easily search for criminal conduct of potential employees, workers, volunteers, and babysitters, and readily identify if a person has been convicted of or committed prior acts of violence or child abuse, for the protection of children who may be entrusted to such person's care; and that no person should be permitted to work with, serve or care for another person's child when the caregiver has a prior conviction for an act of violence or child abuse. Therefore, the Legislature hereby designates the crime of child abuse as a violent offense for purposes of the Mary Rippy Violent Crime Offenders Registration Act and hereby establishes a procedure for the parents, guardians, businesses and organizations of this state to search and identify persons at risk of potential harm to a child based upon prior criminal conduct or conviction for an act of violence or child abuse.
http://webserver1.lsb.state.ok.us/2007-08bills/SB/SB1601_ENR.RTF
Title: S.B. 1601
Source: http://webserver1.lsb.state.ok.us

AZSigned into law 04/2008P-12Provides that any person who participates in a teacher preparation program that is approved by the State Board of Education or any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall obtain a fingerprint clearance card before the person participates in field experience in which services will be provided directly to pupils. Chapter No. 115
http://www.azleg.gov/legtext/48leg/2r/bills/hb2566h.pdf
Title: H.B. 2566
Source: http://www.azleg.gov

IDSigned into law 04/2008P-12Makes an additional appropriation to the Superintendent of Public Instruction for criminal history checks; makes an additional appropriation to the State Police for the Support Services Program for criminal history checks. Chapter 373
Title: S.B. 1515
Source: Lexis-Nexis/StateNet

KSSigned into law 04/2008P-12Repeals definition of "school safety violation." Rewrites provision relating to a student found in possession of a weapon or illegal drug at school or on school
property, or who has engaged in an act or behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others. Allows a student whose driver's license was suspended or revoked due to the student's suspension or expulsion to request a hearing to determine whether there are reasonable grounds to believe the student was in possession of a weapon or illegal drug at school or on school property, or was engaged in behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others.

Prohibits issuance or renewal of a teacher's license to a person convicted of rape, indecent liberties with a child, sodomy, indecent solicitation of a child, sexual exploitation of a child, incest, endangering a child, child abuse, murder, manslaughter, sexual battery, promoting obscenity or any felony. http://www.kslegislature.org/bills/2008/470.pdf
Title: S.B. 470
Source: www.kslegislature.org

MDSigned into law 04/2008P-12Prohibits a county board of education from knowingly hiring or retaining any individual who has been convicted of specified crimes including violent crimes and child abuse.
http://mlis.state.md.us/2008rs/bills/hb/hb0652t.pdf
Title: H.B. 652
Source: http://mlis.state.md.us/

IDSigned into law 03/2008P-12Amends existing law relating to criminal history checks for school district employees or applicants for certificates; requires additional individuals as specified to undergo a criminal history check; clarifies provisions of a criminal history check; provides a copy of background checks to applicants upon request of the applicant; deletes procedural provisions upon completion of a criminal history check. Chapter 349
http://www3.idaho.gov/oasis/H0566.html
Title: H.B. 566
Source: http://www3.idaho.gov


VASigned into law 03/2008P-12Prohibits the employment of an applicant for employment requiring direct contact with students if such applicant is the subject of a founded case of physical or sexual abuse of a child. Additionally, requires the dismissal of a teacher who while employed by a local school board, becomes the subject of a founded case of physical or sexual abuse of a child. This bill also requires the Department of Social Services to report any founded complaints of sexual abuse of a child to a school board, where the subject of the report is a full-time, part-time, permanent or temporary employee of a school board in the Commonwealth. The bill adds a class 1 misdemeanor, and also requires the Department of Social Services to maintain a database of central child abuse and neglect registries in other states and to notify the school board if there is a founded complaint of child abuse and neglect against a teacher.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB1242ER
Title: H.B. 1242
Source: http://leg1.state.va.us

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