CRIMES BY EDUCATORS H.B. 4532 (H-2): FLOOR ANALYSIS
House Bill 4532 (Substitute H-2 as reported without amendment) Sponsor: Representative Terry London
House Committee: Education Senate Committee: Education
The bill would amend the School Code to require that school districts, public school academies, and nonpublic schools request the Department of State Police to conduct a criminal records check through the FBI for individuals hired as teachers or school administrators or in positions requiring State Board approval. This would be in addition to the criminal history check that schools currently must request. Except as provided for conditional employees, a school could not employ an individual as a teacher or school administrator or in a position requiring State Board approval until it received the results of the criminal records check. In addition, for a substitute teacher, a school could use the results received by another school or maintained by the Department of Education. If an individual were being considered for employment by more than one school, and agreed in writing, a school having the results of a criminal records check could share them with another school. A person who disclosed the results in violation of the bill would be guilty of a misdemeanor punishable by a maximum fine of $10,000.
The bill would take effect on August 1, 1995.
Proposed MCL 380.1230a Legislative Analyst: L. Arasim
This bill would have a minimal impact on State government. The Department of Education would bear the cost of developing and distributing the form to be used by new applicants to state that they did not have a criminal record. The fiscal impact on school districts would vary depending on the number of new teachers hired. Current law requires that new applicants have a criminal history check for offenses committed in Michigan. This check is performed by taking the applicant’s fingerprints and submitting them to the State Police for a Statewide check. The cost to the school district of the Statewide check is $15 per applicant. This bill would require that an additional nationwide criminal records check be conducted by the State Police through the FBI. The cost of the nationwide check is $24. This bill would increase the cost to school districts from $15 per applicant to $39 per applicant.
Date Completed: 5-23-95 Fiscal Analyst: J. Carrasco
B. Baker
floor\hb4532
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.