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. 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.
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.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1124
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1124
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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