HB-6043, As Passed House, May 24, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6043

 

 

May 17, 2018, Introduced by Rep. Clemente and referred to the Committee on Law and Justice.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1230b (MCL 380.1230b), as added by 1996 PA 189,

 

and by adding section 1230i.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1230b. (1) Before hiring an applicant for employment, a

 

school district, local act school district, public school academy,

 

intermediate school district, or nonpublic school shall request the

 

applicant for employment to sign a statement that does both of the

 

following:

 

     (a) Authorizes the applicant's current or former employer or

 

employers to disclose to the school district, local act school

 

district, public school academy, intermediate school district, or

 

nonpublic school any unprofessional conduct by the applicant and to

make available to the school district, local act school district,

 

public school academy, intermediate school district, or nonpublic

 

school copies of all documents in the employee's personnel record

 

maintained by the current or former employer relating to that

 

unprofessional conduct.

 

     (b) Releases the current or former employer, and employees

 

acting on behalf of the current or former employer, from any

 

liability for providing information described in subdivision (a),

 

as provided in subsection (3), and waives any written notice

 

required under section 6 of the Bullard-Plawecki employee right to

 

know act, Act No. 397 of the Public Acts of 1978, being section

 

423.506 of the Michigan Compiled Laws.1978 PA 397, MCL 423.506.

 

     (2) Before hiring an applicant for employment, a school

 

district, local act school district, public school academy,

 

intermediate school district, or nonpublic school shall request at

 

least the applicant's current employer or, if the applicant is not

 

currently employed, the applicant's immediately previous employer

 

to provide the information described in subsection (1)(a), if any.

 

The request shall include a copy of the statement signed by the

 

applicant under subsection (1).

 

     (3) Not later than 20 business days after receiving a request

 

under subsection (2), an employer shall provide the information

 

requested and make available to the requesting school district,

 

local act school district, public school academy, intermediate

 

school district, or nonpublic school copies of all documents in the

 

employee's personnel record relating to the unprofessional conduct.

 

An employer, or an employee acting on behalf of the employer, that

discloses information under this section in good faith is immune

 

from civil liability for the disclosure. An employer, or an

 

employee acting on behalf of the employer, is presumed to be acting

 

in good faith at the time of a disclosure under this section unless

 

a preponderance of the evidence establishes 1 or more of the

 

following:

 

     (a) That the employer, or employee, knew the information

 

disclosed was false or misleading.

 

     (b) That the employer, or employee, disclosed the information

 

with a reckless disregard for the truth.

 

     (c) That the disclosure was specifically prohibited by a state

 

or federal statute.

 

     (4) The board, board of directors, or governing body of a

 

school district, local act school district, public school academy,

 

intermediate school district, or nonpublic school shall not hire an

 

applicant who does not sign the statement described in subsection

 

(1).

 

     (5) Information received under this section shall be used by a

 

school district, local act school district, public school academy,

 

intermediate school district, or nonpublic school only for the

 

purpose of evaluating an applicant's qualifications for employment

 

in the position for which he or she has applied. Except as

 

otherwise provided by law, a board member or employee of a school

 

district, local act school district, public school academy,

 

intermediate school district, or nonpublic school shall not

 

disclose the information to any person, individual, other than the

 

applicant, who is not directly involved in the process of

evaluating the applicant's qualifications for employment. A person

 

An individual who violates this subsection is guilty of a

 

misdemeanor punishable by a fine of not more than $10,000.00, but

 

is not subject to the penalties under section 1804.

 

     (6) The board, board of directors, governing body, or an

 

official of a school district, local act school district, public

 

school academy, intermediate school district, or nonpublic school

 

shall not enter into a collective bargaining agreement, individual

 

employment contract, resignation agreement, severance agreement, or

 

any other contract or agreement that has the effect of suppressing

 

information about unprofessional conduct of an employee or former

 

employee or of expunging information about that unprofessional

 

conduct from personnel records. Any provision of a contract or

 

agreement that is contrary to this subsection is void and

 

unenforceable. This subsection does not restrict the expungement

 

from a personnel file of information about alleged unprofessional

 

conduct that has not been substantiated.

 

     (7) If a school district, intermediate school district, public

 

school academy, or nonpublic school receives information under

 

subsection (3) concerning an act of immorality, moral turpitude, or

 

inappropriate behavior involving a minor; a listed offense

 

involving a minor; or the commission of a crime involving a minor,

 

within 60 days after receiving the information the school district,

 

intermediate school district, public school academy, or nonpublic

 

school shall submit to the department in the form and manner

 

prescribed by the department a report detailing the information

 

received and any action taken as a result by the school district,

intermediate school district, public school academy, or nonpublic

 

school. The department shall maintain a copy of this report for at

 

least 6 years.

 

     (8) (7) This section does not prevent a school district, local

 

act school district, public school academy, intermediate school

 

district, or nonpublic school from requesting or requiring an

 

applicant for employment to provide information other than that

 

described in this section.

 

     (9) (8) As used in this section:

 

     (a) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (b) (a) "Personnel record" means that term as defined in

 

section 1 of Act No. 397 of the Public Acts of 1978, being section

 

423.501 of the Michigan Compiled Laws.The Bullard-Plawecki employee

 

right to know act, 1978 PA 397, MCL 423.501.

 

     (c) (b) "Unprofessional conduct" means 1 or more acts of

 

misconduct; 1 or more acts of immorality, moral turpitude, or

 

inappropriate behavior involving a minor; a listed offense

 

involving a minor; or commission of a crime involving a minor. A

 

criminal conviction is not an essential element of determining

 

whether or not a particular act constitutes unprofessional conduct.

 

     Sec. 1230i. (1) If a school official of a school district,

 

intermediate school district, public school academy, or nonpublic

 

school receives information from an authoritative source relating

 

to any unprofessional conduct of an individual who is either a

 

full-time or part-time employee of the school district,

 

intermediate school district, public school academy, or nonpublic

school or is assigned to regularly and continuously work under

 

contract in any of its schools, within 60 days after receiving that

 

information the school district, intermediate school district,

 

public school academy, or nonpublic school shall submit to the

 

department in the form and manner prescribed by the department a

 

report detailing the information received and any action taken as a

 

result by the school district, intermediate school district, public

 

school academy, or nonpublic school. The department shall maintain

 

a copy of this report for at least 6 years.

 

     (2) As used in this section:

 

     (a) "At school" means in a classroom, elsewhere on school

 

property, or on a school bus or other school-related vehicle.

 

     (b) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (c) "Regularly and continuously work under contract" means any

 

of the following:

 

     (i) To work at school on a more than intermittent or sporadic

 

basis as an owner or employee of an entity that has a contract with

 

a school district, intermediate school district, public school

 

academy, or nonpublic school to provide food, custodial,

 

transportation, counseling, or administrative services, or to

 

provide instructional services to pupils or related and auxiliary

 

services to special education pupils.

 

     (ii) To work at school on a more than intermittent or sporadic

 

basis as an individual under a contract with a school district,

 

intermediate school district, public school academy, or nonpublic

 

school to provide food, custodial, transportation, counseling, or

administrative services, or to provide instructional services to

 

pupils or related and auxiliary services to special education

 

pupils.

 

     (d) "School property" means that term as defined in section 33

 

of the sex offenders registration act, 1994 PA 295, MCL 28.733.

 

     (e) "Unprofessional conduct" means 1 or more acts of

 

immorality, moral turpitude, or inappropriate behavior involving a

 

minor; a listed offense involving a minor; or commission of a crime

 

involving a minor. A criminal conviction is not an essential

 

element of determining whether or not a particular act constitutes

 

unprofessional conduct.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.