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　　123B.03 Background check.

　　Subdivision 1. Background check required. (a) A

　　school hiring authority, as defined in subdivision 3, shall

　　request a criminal history background check from the

　　superintendent of the bureau of criminal apprehension on all

　　individuals who are offered employment in the school, as defined

　　in subdivision 3. In order to be eligible for employment, an

　　individual who is offered employment must provide an executed

　　criminal history consent form and a money order or check payable

　　to either the bureau of criminal apprehension or the school

　　hiring authority, at the election of the school hiring

　　authority, in an amount equal to the actual cost to the bureau

　　of criminal apprehension and the school district of conducting

　　the criminal history background check. A school hiring

　　authority electing to receive payment may, at its discretion,

　　accept payment in the form of a negotiable instrument other than

　　a money order or check and shall pay the superintendent of the

　　bureau of criminal apprehension directly to conduct the

　　background check. The superintendent of the bureau of criminal

　　apprehension shall conduct the background check by retrieving

　　criminal history data maintained in the criminal justice

　　information system computers. A school hiring authority, at its

　　discretion, may elect not to request a criminal history

　　background check on an individual who holds an initial entrance

　　license issued by the state board of teaching or the

　　commissioner of children, families, and learning within the 12

　　months preceding an offer of employment.

　　(b) A school hiring authority may use the results of a

　　criminal background check conducted at the request of another

　　school hiring authority if:

　　(1) the results of the criminal background check are on

　　file with the other school hiring authority or otherwise

　　accessible;

　　(2) the other school hiring authority conducted a criminal

　　background check within the previous 12 months;

　　(3) the individual who is the subject of the criminal

　　background check executes a written consent form giving a school

　　hiring authority access to the results of the check; and

　　(4) there is no reason to believe that the individual has

　　committed an act subsequent to the check that would disqualify

　　the individual for employment.

　　(c) A school hiring authority may, at its discretion,

　　request a criminal history background check from the

　　superintendent of the bureau of criminal apprehension on any

　　individual who seeks to enter a school or its grounds for the

　　purpose of serving as a school volunteer or working as an

　　independent contractor or student employee. In order for an

　　individual to enter a school or its grounds under this paragraph

　　when the school hiring authority elects to request a criminal

　　history background check on the individual, the individual first

　　must provide an executed criminal history consent form and a

　　money order, check, or other negotiable instrument payable to

　　the school district in an amount equal to the actual cost to the

　　bureau of criminal apprehension and the school district of

　　conducting the criminal history background check.

　　Notwithstanding section 299C.62, subdivision 1, the cost of the

　　criminal history background check under this paragraph is the

　　responsibility of the individual.

　　(d) For all nonstate residents who are offered employment

　　in a school, a school hiring authority shall request a criminal

　　history background check on such individuals from the

　　superintendent of the bureau of criminal apprehension and from

　　the government agency performing the same function in the

　　resident state or, if no government entity performs the same

　　function in the resident state, from the Federal Bureau of

　　Investigation. Such individuals must provide an executed

　　criminal history consent form and a money order, check, or other

　　negotiable instrument payable to the school hiring authority in

　　an amount equal to the actual cost to the government agencies

　　and the school district of conducting the criminal history

　　background check. Notwithstanding section 299C.62, subdivision

　　1, the cost of the criminal history background check under this

　　paragraph is the responsibility of the individual.

　　Subd. 2. Conditional hiring; discharge. A school

　　hiring authority may hire an individual pending completion of a

　　background check under subdivision 1 but shall notify the

　　individual that the individual's employment may be terminated

　　based on the result of the background check. A school hiring

　　authority is not liable for failing to hire or for terminating

　　an individual's employment based on the result of a background

　　check under this section.

　　Subd. 3. Definitions. For purposes of this section:

　　(a) "School" means a school as defined in section 120A.22,

　　subdivision 4, except a home-school, and includes a school

　　receiving tribal contract or grant school aid under section

　　124D.83; school, for the purposes of this section, also means a

　　service cooperative, a special education cooperative, or an

　　education district under Minnesota Statutes 1997 Supplement,

　　section 123.35, and a joint powers district under section 471.59.

　　(b) "School hiring authority" means the school principal or

　　other person having general control and supervision of the

　　school.

　　HIST: 1995 c 226 art 3 s 2; 1996 c 412 art 9 s 2,3; 1997 c 99

　　s 1; 1998 c 397 art 6 s 124; art 11 s 3; 1998 c 398 art 5 s 55