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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 education 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,

　　a charter school under section

　　124D.10, 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.

　　History: 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; 1Sp2001 c 6 art 2 s 18; 2003 c 130 s 12