Text: SF00042 Text: SF00044 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 279.59 CRIMINAL RECORDS CHECKS
1 2 ON SCHOOL DISTRICT EMPLOYMENT APPLICANTS.
1 3 1. Beginning July 1, 2001, if the board of directors of a
1 4 school district is considering employing a person to fill a
1 5 position involving direct responsibility for a child or with
1 6 access to a child when the child is alone, the board shall
1 7 facilitate state and national criminal history records checks
1 8 on the applicant, unless the board of educational examiners
1 9 has facilitated a criminal records check on the applicant as
1 10 required under rules adopted by the board. The board may
1 11 charge the person a fee for the records checks that shall not
1 12 exceed the fee charged by the federal or state agency
1 13 conducting the records check.
1 14 2. Beginning July 1, 2001, a board shall inform all
1 15 persons prior to employment regarding the performance of the
1 16 records checks and shall obtain, from the persons, a signed
1 17 acknowledgment of the receipt of the information.
1 18 Additionally, the board shall include the following inquiry in
1 19 an application for employment: "Have you ever been convicted
1 20 of a crime in this state or any other state?"
1 21 3. If the person has been convicted of a crime, the board
1 22 shall perform an evaluation to determine whether the crime
1 23 warrants prohibition of employment. In an evaluation, the
1 24 board shall consider the nature and seriousness of the crime
1 25 in relation to the position sought or held, the time elapsed
1 26 since the commission of the crime, the circumstances under
1 27 which the crime was committed, the degree of rehabilitation,
1 28 the likelihood that the person will commit the crime again,
1 29 and the number of crimes committed by the person involved.
1 30 EXPLANATION
1 31 This bill requires the board of directors of a school
1 32 district, effective July 1, 2001, to facilitate national and
1 33 state criminal history records checks of persons who are being
1 34 considered for employment involving direct responsibility for,
1 35 or access to, a child, unless the applicant is licensed as a
2 1 practitioner on or after October 1, 2000, and has already
2 2 submitted to a criminal records check as required under rules
2 3 adopted by the board of educational examiners. The bill
2 4 permits the school board to assess the applicant for the fee
2 5 charged by the agency conducting the investigation.
2 6 The bill also requires the board to inform applicants that
2 7 a records check will be performed, obtain a signed
2 8 acknowledgment for that information, and include on the
2 9 employment application a question directly asking whether the
2 10 applicant has a criminal record. If the person has a criminal
2 11 record, the board must determine whether the crime warrants
2 12 prohibition of employment, based upon determinants set forth
2 13 under the bill.
2 14 LSB 1517XS 79
2 15 kh/cls/14
Text: SF00042 Text: SF00044 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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