0001| SENATE BILL 15 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| Gloria Howes | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SCHOOLS; REQUIRING LOCAL SCHOOL BOARDS TO | 0012| OBTAIN BACKGROUND CHECKS ON APPLICANTS WHO HAVE BEEN OFFERED | 0013| EMPLOYMENT AND CONTRACTORS; LIMITING THE TIME IN WHICH RECORDS | 0014| CAN BE RELEASED TO LOCAL SCHOOL BOARDS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 22-10-3.3 NMSA 1978 (being Laws 1997, | 0018| Chapter 238, Section 1) is amended to read: | 0019| "22-10-3.3. BACKGROUND CHECKS.-- | 0020| A. An applicant for initial certification shall be | 0021| fingerprinted and shall provide two fingerprint cards |or the | 0022| equivalent electronic fingerprints| to the department of | 0023| education |to obtain the applicant's federal bureau of | 0024| investigation record|. Convictions of felonies or | 0025| misdemeanors contained in the federal bureau of investigation | - 1 - 0001| record shall be used in accordance with ~[Sections 28-2-1 | 0002| through 28-2-6 NMSA 1978]~ |the Criminal Offender Employment | 0003| Act|. Other information contained in the federal bureau of | 0004| investigation record, if supported by independent evidence, | 0005| ~[can]~ |may| form the basis for the denial, suspension or | 0006| revocation of a certificate for good and just cause. ~[Such]~ | 0007| Records and any related information shall be privileged and | 0008| shall not be disclosed to ~[individuals]~ |a person| not | 0009| directly involved in the certification ~[or employment | 0010| decisions]~ |decision| affecting the specific ~[applicants or | 0011| employees]~ |applicant|. The applicant |for initial | 0012| certification| shall pay for the cost of obtaining the federal | 0013| bureau of investigation record. ~[The department of education | 0014| shall implement the provisions of this section on or before | 0015| July 1, 1998.]~ | 0016| B. Local school boards shall develop policies and | 0017| procedures to require ~[employment ||background checks. Such | 0018| policies and procedures may include requiring applicants who | 0019| have been offered employment by the local school board to | 0020| provide the applicant's federal bureau of investigation | 0021| record]~ |background checks on an applicant who has been | 0022| offered employment, a contractor or a contractor's employee | 0023| with unsupervised access to students. An applicant for | 0024| employment who has been initially certified within twelve | 0025| months of applying for employment with a local school board | - 2 - 0001| shall not be required to submit to another background check if | 0002| the department of education has copies of his federal bureau | 0003| of investigation records on file. An applicant who has been | 0004| offered employment, a contractor or a contractor's employee | 0005| with unsupervised access to students shall provide two | 0006| fingerprint cards or the equivalent electronic fingerprints to | 0007| the local school board to obtain his federal bureau of | 0008| investigation record. The applicant who has been offered | 0009| employment, contractor or contractor's employee| may be | 0010| required to pay for the cost of obtaining a background check. | 0011| ~[Local school boards may require that contractors whose | 0012| employees are in direct contact with students ensure that the | 0013| employees of such contractors be fingerprinted and provide two | 0014| fingerprint cards to the local school board.]~ |At the | 0015| request of a local school board|, the department of education | 0016| is authorized to release copies of federal bureau of | 0017| investigation records |that are| on file with the department | 0018| of education ~[to ||a local school board that requires that | 0019| applicants who have been offered employment provide such | 0020| records]~ |and that are not more than twelve months old|. | 0021| Convictions of felonies or misdemeanors contained in the | 0022| federal bureau of investigation record shall be used in | 0023| accordance with ~[Sections 28-2-1 through 28-2-6 NMSA 1978]~ | 0024| |the Criminal Offender Employment Act|; provided that other | 0025| information contained in the federal bureau of investigation | - 3 - 0001| record, if supported by independent evidence, ~[can]~ |may| | 0002| form the basis for the employment decisions for good and just | 0003| cause. ~[Such]~ Records and any |related| information | 0004| ~[related thereto]~ shall be privileged and shall not be | 0005| disclosed to ~[individuals]~ |a person| not directly involved | 0006| in the ~[certification or]~ employment ~[decisions]~ | 0007| |decision| affecting the specific ~[applicants or employees]~ | 0008| |applicant who has been offered employment, contractor or | 0009| contractor's employee with unsupervised access to students|. | 0010| |C. The department of education shall implement | 0011| the provisions of Subsection A of this section on or before | 0012| July 1, 1998.|" | 0013|  |