Bill Text: IN SB0160 | 2013 | Regular Session | Engrossed
Bill Title: School employee background checks.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Enrolled - Dead) 2013-04-09 - House advisors appointed: Thompson, Battles and Errington [SB0160 Detail]
Download: Indiana-2013-SB0160-Engrossed.html
Citations Affected: IC 20-26.
Synopsis: School employee background checks. Requires a school
corporation, a charter school, or an accredited nonpublic school to
either: (1) conduct an expanded criminal history check; or (2) enter into
a contract with a consumer reporting agency to conduct a background
check; concerning each applicant for noncertificated employment or
certificated employment before or not later than three months after the
applicant's employment by the school corporation, charter school, or
accredited nonpublic school. Provides that an "expanded criminal
history check" requires a national criminal history background check.
Provides that the state police department shall release the results of an
expanded criminal history check to an inquiring school.
Effective: July 1, 2013.
(HOUSE SPONSORS _ RHOADS, GIAQUINTA)
January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.
January 15, 2013, reported favorably _ Do Pass.
January 22, 2013, read second time, ordered engrossed.
January 23, 2013, engrossed.
January 24, 2013, read third time, passed. Yeas 47, nays 0.
February 26, 2013, read first time and referred to Committee on Education.
March 18, 2013, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school corporation contracts for services;
(2) seek to enter into a contract to provide services to the school corporation; or
(3) are employed by an entity that seeks to enter into a contract to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with children within the scope of the individuals' employment.
(b) A school corporation, including a charter school and an accredited nonpublic school, shall administer a policy adopted under this section uniformly for all individuals to whom the policy applies. A policy adopted under this section must require that the school corporation, charter school, or accredited nonpublic school either:
(1) conduct an expanded criminal history check; or
(2) enter into a contract with a consumer reporting agency regulated under 15 U.S.C. 1681 et seq. to conduct a background check;
concerning each applicant for noncertificated employment or certificated employment before or not later than three (3) months after the applicant's employment by the school corporation, charter school, or accredited nonpublic school. Each individual hired for noncertificated employment or certificated employment may be required to provide a written consent for the school corporation, charter school, or accredited nonpublic school to request an expanded criminal history check or background check concerning the individual before or not later than three (3) months after the individual's employment by the school corporation. The school corporation, charter school, or accredited nonpublic school may require the individual to provide a set of fingerprints and pay any fees required for the expanded criminal
history check or background check. Each applicant for noncertificated
employment or certificated employment may be required at the time the
individual applies to answer questions concerning the individual's
expanded criminal history check or background check. The failure to
answer honestly questions asked under this subsection is grounds for
termination of the employee's employment. The applicant is
responsible for all costs associated with obtaining the expanded
criminal history check or background check. An applicant may not be
required by a school corporation, charter school, or accredited
nonpublic school to obtain an expanded criminal history check or
background check more than one (1) time during a five (5) year
period.
(c) The state police department shall release the results of an
expanded criminal history check conducted under this section to
the inquiring public school.
(c) (d) Information obtained under this section must be used in
accordance with law.
