168.133. Criminal background checks required for school personnel, when, procedure--rulemaking authority.

MISSOURI STATUTES AND CODES

168.133. Criminal background checks required for school personnel, when, procedure--rulemaking authority.

Criminal background checks required for school personnel, when,procedure--rulemaking authority.

168.133. 1. The school district shall ensure that a criminalbackground check is conducted on any person employed after January 1, 2005,authorized to have contact with pupils and prior to the individual havingcontact with any pupil. Such persons include, but are not limited to,administrators, teachers, aides, paraprofessionals, assistants,secretaries, custodians, cooks, and nurses. The school district shall alsoensure that a criminal background check is conducted for school busdrivers. The district may allow such drivers to operate buses pending theresult of the criminal background check. For bus drivers, the backgroundcheck shall be conducted on drivers employed by the school district oremployed by a pupil transportation company under contract with the schooldistrict.

2. In order to facilitate the criminal history background check onany person employed after January 1, 2005, the applicant shall submit twosets of fingerprints collected pursuant to standards determined by theMissouri highway patrol. One set of fingerprints shall be used by thehighway patrol to search the criminal history repository and the familycare safety registry pursuant to sections 210.900 to 210.936, RSMo, and thesecond set shall be forwarded to the Federal Bureau of Investigation forsearching the federal criminal history files.

3. The applicant shall pay the fee for the state criminal historyrecord information pursuant to section 43.530, RSMo, and sections 210.900to 210.936, RSMo, and pay the appropriate fee determined by the FederalBureau of Investigation for the federal criminal history record when he orshe applies for a position authorized to have contact with pupils pursuantto this section. The department shall distribute the fees collected forthe state and federal criminal histories to the Missouri highway patrol.

4. The school district may adopt a policy to provide forreimbursement of expenses incurred by an employee for state and federalcriminal history information pursuant to section 43.530, RSMo.

5. If, as a result of the criminal history background check mandatedby this section, it is determined that the holder of a certificate issuedpursuant to section 168.021 has pled guilty or nolo contendere to, or beenfound guilty of a crime or offense listed in section 168.071, or a similarcrime or offense committed in another state, the United States, or anyother country, regardless of imposition of sentence, such information shallbe reported to the department of elementary and secondary education.

6. Any school official making a report to the department ofelementary and secondary education in conformity with this section shallnot be subject to civil liability for such action.

7. For any teacher who is employed by a school district on asubstitute or part-time basis within one year of such teacher's retirementfrom a Missouri school, the state of Missouri shall not require suchteacher to be subject to any additional background checks prior to havingcontact with pupils. Nothing in this subsection shall be construed asprohibiting or otherwise restricting a school district from requiringadditional background checks for such teachers employed by the schooldistrict.

8. A criminal background check and fingerprint collection conductedunder subsections 1 and 2 of this section shall be valid for at least aperiod of one year and transferrable from one school district to anotherdistrict. A teacher's change in type of certification shall have no effecton the transferability or validity of such records.

9. Nothing in this section shall be construed to alter the standardsfor suspension, denial, or revocation of a certificate issued pursuant tothis chapter.

10. The state board of education may promulgate rules for criminalhistory background checks made pursuant to this section. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after January 1, 2005, shall be invalidand void.