13-10-12 Criminal background investigation of prospective employees and student teachers--Temporary...
Criminal background investigation of prospective employees and student teachers--Temporary employment pending results--Fees--Exemptions.
Each person over eighteen years of age
hired by a school district shall submit to a criminal background investigation, by means of fingerprint
checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school
district shall submit completed fingerprint cards to the Division of Criminal Investigation before the
prospective new employee enters into service. If no disqualifying record is identified at the state
level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal
Bureau of Investigation for a national criminal history record check. Any person whose employment
is subject to the requirements of this section may enter into service on a temporary basis pending
receipt of results of the criminal background investigation. The employing school district may,
without liability, withdraw its offer of employment or terminate the temporary employment without
notice if the report reveals a disqualifying record. The employing school district may pay any fees
charged for the cost of fingerprinting or the criminal background investigation for any person whose
employment is subject to the requirements of this section. Any person hired to officiate, judge,
adjudicate, or referee a public event sponsored by a school district is not required to submit to a
criminal background investigation as required in this section. In addition, any person employed by
a postsecondary technical institute is not required to submit to a criminal background investigation
as required in this section, unless the person is a teacher who teaches an elementary or secondary
level course in an elementary or secondary school facility, or unless the person is an employee, other
than a teacher, whose work assignment includes working in an elementary or secondary school
The criminal investigation required by this section with respect to a student teacher completing
requirements for teacher certification shall be conducted by the school district. A criminal
background investigation, of a student teacher, conducted by a school district may be provided to any
other school in which the student engages in student teaching. The school district conducting the
criminal background investigation of a student teacher may rely upon the results of that investigation
for employment of that person as an employee of the district.
Source: SL 2000, ch 76, § 1; SL 2001, ch 74, § 1; SL 2003, ch 95, § 1; SL 2011, ch 87, § 1; SL
2012, ch 92, § 1.