FOR AN ACT ENTITLED, An Act to permit a school district, at the discretion of the school
district, to pay the fees charged for any criminal background investigation that is required
by law for a prospective employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-10-12 be amended to read as follows:
13-10-12. Each person over eighteen years of age hired by a school district shall submit to
a criminal background investigation, by means of fingerprint checks by the Division of Criminal
Investigation and the Federal Bureau of Investigation. The school district shall submit
completed fingerprint cards to the Division of Criminal Investigation before the prospective new
employee enters into service. If no disqualifying record is identified at the state level, the
fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau
of Investigation for a national criminal history record check. Any person whose employment is
subject to the requirements of this section may enter into service on a temporary basis pending
receipt of results of the criminal background investigation. The employing school district may,
without liability, withdraw its offer of employment or terminate the temporary employment
without notice if the report reveals a disqualifying record. Any person whose employment is
subject to the requirements of this section shall pay any fees charged for the criminal record
check. The employing school district may pay any fees charged for the cost of fingerprinting or
the criminal background investigation for any person whose employment is subject to the
requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a public
event sponsored by a school district is not required to submit to a criminal background
investigation as required in this section. In addition, any person employed by a postsecondary
technical institute is not required to submit to a criminal background investigation as required
in this section, unless the person is a teacher who teaches an elementary or secondary level
course in an elementary or secondary school facility, or unless the person is an employee, other
than a teacher, whose work assignment includes working in an elementary or secondary school
facility.
The criminal investigation required by this section with respect to a student teacher
completing requirements for teacher certification shall be conducted by the school district. A
criminal background investigation, of a student teacher, conducted by a school district may be
provided to any other school in which the student engages in student teaching. The school
district conducting the criminal background investigation of a student teacher may rely upon the
results of that investigation for employment of that person as an employee of the district.