Bill Text: MS HB311 | 2017 | Regular Session | Introduced
Bill Title: Public school employees; expand requirements and flexibility in sharing results of criminal background checks for employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB311 Detail]
Download: Mississippi-2017-HB311-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Arnold
House Bill 311
AN ACT TO AMEND SECTION 37-9-17, MISSISSIPPI CODE OF 1972, TO EXPAND THE FINGERPRINTING AND CRIMINAL RECORDS BACKGROUND CHECKS FOR INDIVIDUALS SEEKING EMPLOYMENT WITH A PUBLIC SCHOOL DISTRICT; TO PROVIDE THAT THE RESULTS OF CRIMINAL BACKGROUND CHECKS PERFORMED BY A SCHOOL DISTRICT MAY BE SHARED WITH LICENSED CHILDCARE FACILITIES UPON THE REQUEST OF THE INDIVIDUAL SUBJECT TO THE CHECK UPON MAKING APPLICATION OF EMPLOYMENT WITH SUCH FACILITY; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-17, Mississippi Code of 1972, is amended as follows:
37-9-17. (1) On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.
When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.
If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.
(2)
Superintendents/directors of schools under the purview of the State Board of
Education, the superintendent of the local school district and any private firm
under contract with the local public school district to provide substitute
teachers to teach during the absence of a regularly employed schoolteacher
shall require, through the appropriate governmental authority, that * * * all criminal records,
background and sex offender registry checks and current child abuse
registry checks are obtained, and that such criminal record information and
registry checks are on file for any new hires applying for employment as a
licensed or nonlicensed employee at a school and not previously employed in
such school under the purview of the State Board of Education or at such local
school district * * * before July 1, 2000. In order to determine the
applicant's suitability for employment, the applicant shall be fingerprinted.
If no disqualifying record is identified at the state level, the fingerprints
shall be forwarded by the Department of Public Safety to the Federal Bureau of
Investigation for a national criminal history record check. The fee for such
fingerprinting and criminal history record check shall be paid by the
applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of
Education, the school board of the local school district or a private firm
under contract with a local school district to provide substitute teachers to
teach during the temporary absence of the regularly employed schoolteacher, in
its discretion, may elect to pay the fee for the fingerprinting and criminal
history record check on behalf of any applicant. Under no circumstances shall
a member of the State Board of Education, superintendent/director of schools
under the purview of the State Board of Education, local school district
superintendent, local school board member or any individual other than the
subject of the criminal history record checks disseminate information received
through any such checks except insofar as required to fulfill the purposes of
this section, or in seeking employment with a licensed childcare facility,
in which the individual who has been made subject to the fingerprinting and
criminal history record checks may direct the results of such to be provided to
the licensed childcare facility making inquiry, required under Section 43-20-8.
Any nonpublic school which is accredited or approved by the State Board of
Education may avail itself of the procedures provided for herein and shall be
responsible for the same fee charged in the case of local public schools of
this state. The determination whether the applicant has a disqualifying
crime, as set forth in subsection (3) of this section, shall be made by the
appropriate governmental authority, and the appropriate governmental authority
shall notify the private firm whether a disqualifying crime exists.
(3) If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.
(4) No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.
(5) The fingerprinting and criminal background records checks required under this section as a condition of determining an applicant's suitability for employment shall also be available for use by an individual in his or her application for employment with a licensed childcare facility under Section 43-20-8.
SECTION 2. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
(10) The fingerprinting and criminal background records checks required under this section as a condition of determining an applicant's suitability for employment shall also be available for use by an individual in his or her application for employment with a public school district under Section 37-9-17.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
