0001| SENATE BILL 15
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| Gloria Howes
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SCHOOLS; REQUIRING LOCAL SCHOOL BOARDS TO
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0012| OBTAIN BACKGROUND CHECKS ON APPLICANTS WHO HAVE BEEN OFFERED
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0013| EMPLOYMENT AND CONTRACTORS; LIMITING THE TIME IN WHICH RECORDS
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0014| CAN BE RELEASED TO LOCAL SCHOOL BOARDS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 22-10-3.3 NMSA 1978 (being Laws 1997,
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0018| Chapter 238, Section 1) is amended to read:
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0019| "22-10-3.3. BACKGROUND CHECKS.--
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0020| A. An applicant for initial certification shall be
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0021| fingerprinted and shall provide two fingerprint cards or the
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0022| equivalent electronic fingerprints to the department of
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0023| education to obtain the applicant's federal bureau of
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0024| investigation record. Convictions of felonies or
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0025| misdemeanors contained in the federal bureau of investigation
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0001| record shall be used in accordance with [Sections 28-2-1
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through 28-2-6 NMSA 1978] the Criminal Offender Employment
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0003| Act. Other information contained in the federal bureau of
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0004| investigation record, if supported by independent evidence,
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0005| [can] may form the basis for the denial, suspension or
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0006| revocation of a certificate for good and just cause. [Such]
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0007| Records and any related information shall be privileged and
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0008| shall not be disclosed to [individuals] a person not
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0009| directly involved in the certification [or employment
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decisions] decision affecting the specific [applicants or
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employees] applicant. The applicant for initial
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0012| certification shall pay for the cost of obtaining the federal
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0013| bureau of investigation record. [The department of education
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shall implement the provisions of this section on or before
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July 1, 1998.]
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0016| B. Local school boards shall develop policies and
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0017| procedures to require [employment background checks. Such
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policies and procedures may include requiring applicants who
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have been offered employment by the local school board to
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provide the applicant's federal bureau of investigation
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record] background checks on an applicant who has been
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0022| offered employment, a contractor or a contractor's employee
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0023| with unsupervised access to students. An applicant for
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0024| employment who has been initially certified within twelve
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0025| months of applying for employment with a local school board
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0001| shall not be required to submit to another background check if
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0002| the department of education has copies of his federal bureau
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0003| of investigation records on file. An applicant who has been
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0004| offered employment, a contractor or a contractor's employee
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0005| with unsupervised access to students shall provide two
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0006| fingerprint cards or the equivalent electronic fingerprints to
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0007| the local school board to obtain his federal bureau of
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0008| investigation record. The applicant who has been offered
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0009| employment, contractor or contractor's employee may be
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0010| required to pay for the cost of obtaining a background check.
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0011| [Local school boards may require that contractors whose
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employees are in direct contact with students ensure that the
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employees of such contractors be fingerprinted and provide two
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fingerprint cards to the local school board.] At the
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0015| request of a local school board, the department of education
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0016| is authorized to release copies of federal bureau of
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0017| investigation records that are on file with the department
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0018| of education [to a local school board that requires that
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applicants who have been offered employment provide such
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records] and that are not more than twelve months old.
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0021| Convictions of felonies or misdemeanors contained in the
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0022| federal bureau of investigation record shall be used in
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0023| accordance with [Sections 28-2-1 through 28-2-6 NMSA 1978]
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0024| the Criminal Offender Employment Act; provided that other
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0025| information contained in the federal bureau of investigation
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0001| record, if supported by independent evidence, [can] may
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0002| form the basis for the employment decisions for good and just
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0003| cause. [Such] Records and any related information
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0004| [related thereto] shall be privileged and shall not be
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0005| disclosed to [individuals] a person not directly involved
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0006| in the [certification or] employment [decisions]
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0007| decision affecting the specific [applicants or employees]
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0008| applicant who has been offered employment, contractor or
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0009| contractor's employee with unsupervised access to students.
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0010| C. The department of education shall implement
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0011| the provisions of Subsection A of this section on or before
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0012| July 1, 1998."
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0013|
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