2015 Cheat Sheet

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Bill Details: HB 124: EDUCATION BACKGROUND CHECK AMENDMENTS

Link to Bill Text

Sponsor: Stephen G. Handy, Co-Sponsor:

Bill Summary:

Registers fingerprints of teachers, administrators, and school volunteers with both an FBI database, and a multi-state database (likely a third party program like WICHE) for continuous background checks. Meaning they want to immediately know if a school teacher, administrator or volunteer has been convicted or accused of a crime in another state.

General Description: This bill modifies provisions regarding criminal background checks.

Highlighted Provisions:
o clarifies and amends background check provisions for licensed educators and employees or volunteers who work at local education agencies and certain private schools;
o amends the Public Safety Code to allow certain qualifying entities to request that the Bureau of Criminal Identification within the Department of Public Safety (bureau) register fingerprints taken for the purpose of conducting a criminal background check with certain systems;
o amends background check provisions for charter school governing board members;
o requires an entity that is authorized to request a background check under the provisions of this bill (authorized entity) to register fingerprints of certain individuals with certain systems for ongoing monitoring;
o requires the bureau to notify an authorized entity when a new entry is made against an individual whose fingerprints are registered with certain systems regarding any alleged offense or a conviction, including a plea in abeyance;
o removes the requirement that a local education agency or qualifying private school require certain individuals to periodically submit to a criminal background check;
o provides that authorized entities may only consider certain offenses when making employment, appointment, or licensing decisions;
o requires certain individuals to self-report criminal history information to authorized entities in accordance with rules established by the State Board of Education;
o requires the State Board of Education and the bureau to collaborate to provide training to authorized entities;
o requires the State Board of Education to update certain rules;
o requires a local school board or charter school governing board to update certain policies;
 requires the Legislative Auditor General to issue a report; and
 makes technical and conforming changes.

Reviewer Name: Morgan Olsen, Rating: Oppose

Reviewer Comments:

This seems way over the top to me.

Why isn’t an initial background check enough?

Why is fingerprinting so necessary?

Would volunteer parents be subject to fingerprinting?

If we can’t trust parents who can we trust?

Does it often happen that school teachers, administrators, and volunteers go off to other states and commit crimes? Is the benefit worth the cost?

There are too many unanswered questions.

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