REVISED INFORMATION ABOUT THE CRIMINAL RECORDS CHECK

Public Act 99 (1992) Effective June 23, 1992; amended by Public Act 68 (1993) Effective June 21, 1993

CRIMINAL RECORDS CHECK FOR EMPLOYMENT: ALL NEW EMPLOYEES REQUIRED TO HOLD A STATE BOARD OF EDUCATION CERTIFICATE OR PERMIT ARE REQUIRED TO HAVE A CRIMINAL RECORDS CHECK BEGINNING WITH THE 1993-94 SCHOOL YEAR.

A person may be employed prior to a criminal records check because Public Act 68 of 1993 allows for the conditional employment of a teacher, school administrator, school psychologist or other personnel required to have State Board of Education certification or approval, provided a criminal records check has been requested by the employing school district. In addition, each new employee must be required to sign a statement indicating whether or not they have been previously convicted of a criminal offense. As identified on the enclosed form, standard language for this statement has been approved by the Michigan Office of the Attorney General. Any deviation from the standard language is not  acceptable for this purpose. A criminal records check includes misdemeanors, felony arrests and convictions. New employees will not be required to list civil infractions such as minor traffic violations. A civil infraction does not require a person to be fingerprinted. It is recommended that the oath statement be placed on your school district=s letterhead. This form is to be retained by the local district and is not to be forwarded to the Department of Education.

CRIMINAL RECORDS CHECKS OF SUBSTITUTE TEACHERS:

Newly hired substitute teachers are required to have a criminal records check. If a person is a substitute teacher in another district and a criminal records check has been conducted, it is not necessary to have a records check done again, providing the other district verifies the conviction status with the district.

CRIMINAL RECORDS CHECKS OF OUT-OF-STATE GRADUATES OR CERTIFIED TEACHERS:

If a district employs an out-of-state graduate or holder of a teaching certificate from out-of-state, it is still required to conduct a Michigan criminal records check. This is because it is possible that this individual could have been convicted in the state of Michigan. If a district wishes to conduct an out-of-state criminal records check of a  prospective employee, it would be necessary to contact the appropriate law enforcement agency for that state.

PROCEDURE FOR OBTAINING A CRIMINAL RECORDS CHECK:

Criminal records checks may be obtained as follows:

• Prospective employees may be advised by the district to contact a local law enforcement agency to be fingerprinted, or the school district may choose to fingerprint the prospective employee.
• In both cases, the district will be required to submit to the Michigan Department of State Police a completed fingerprint card and a fee payment of $54.00 for the applicant. School districts should verify that the information reported on the fingerprint card is accurate and complete for each individual they intend to employ.

SCHOOL DISTRICT FINGERPRINTING OF NEW EMPLOYEES:

If a school district wishes to fingerprint its own new employees, it must use the State of Michigan Applicant and Personal Identification Fingerprint Card (RI-8), and be trained by local or state law enforcement personnel. NOTE: Quality fingerprint impressions are necessary for an automated fingerprint check by the Michigan Department of State Police.

FEE FOR THE CRIMINAL RECORDS CHECK:

A. There will be a $54.00 processing fee for a Michigan Department of State Police criminal records check.

B. A money order made payable to the State of Michigan must be forwarded to the Michigan Department of State Police with the fingerprint card.

C. A local law enforcement agency may also charge a fee for fingerprinting,

depending on the agency.

D. Payment of the required fee may be made by a school district for an individual, but the district is not required to pay.

MAILING OF FINGERPRINT CARDS (RI-8):

The Michigan Department of State Police requires all fingerprint cards (RI-8) to be mailed to: Michigan Department of State Police, Central Records Division, General Office Building, 7150 Harris Drive, Lansing, Michigan 48913.

RESPONSE TIME FOR CRIMINAL RECORDS CHECKS:

Public Act 68 of 1993 requires a 30-day response time from the date the Michigan Department of State Police receives the request for a criminal records check. Any questions regarding a criminal records check should be referred directly to the Michigan Department of State Police by calling Applicant Help Desk 517-322-1956 & the Criminal Help Desk 517-322-1165

EMPLOYMENT OF A TEACHER WHO HAS BEEN CONVICTED:

Public Act 68 of 1993 requires that an individual's criminal background be checked and it does not prohibit the employment of convicted teachers. However, Rule 390.1201 of the Administrative Rules Governing the Certification of Michigan Teachers allows for the revocation of a certificate if an individual has been convicted of a felony involving moral turpitude or an act contributing to the delinquency of a child. Individuals who have been convicted of such offenses must be brought to the attention of the Office of Professional Preparation Services so that a determination can be made as to whether this individual's certificate could be suspended or revoked.

SCHOOL DISTRICTS REQUIREMENT TO NOTIFY THE STATE BOARD OF EDUCATION OF CONVICTED TEACHERS:

Public Act 99 of 1992, which was amended by Public Act 68 (1993), requires the superintendents of public schools, board presidents, chief administrative officers or nonpublic schools, or presidents of governing boards to notify the State Board of Education of any employee who is required to hold a State Board of Education certificate or permit and who has been convicted of the following, as described in Section 1539(a)(1) and (b)(2):

...criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, an attempt to commit criminal sexual conduct in any degree, felonious assault on a child, child abuse in any degree, or an attempt to commit child abuse in any degree; cruelty, torture, or indecent exposure involving a child; or a violation of section 7410 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7410 and 333.7416 of the Michigan Compiled Laws...

For further information on Public Act 68 (1993) or Public Act 99 (1992), please contact

Ms. Stephanie Whiteside at:

MICHIGAN DEPARTMENT OF EDUCATION

Office of Professional Preparation Services

P.O. Box 30008

Lansing, Michigan 48909

(517) 335-1167

_______________________________________SCHOOL(S),

_______________________________________MICHIGAN

Pursuant to 1993 Public Act 68, I, , represent that

(check one):

_____1. I have not been convicted of, or pled guilty or nolo contendere (no contest) to any crimes.

_____2. I have been convicted of or pled guilty or nolo contendere (no contest) to the following crimes (use separate sheet to explain nature of conviction, date and court):

a. _________________________________________________________________

b. _________________________________________________________________

c. _________________________________________________________________

I understand and agree that pursuant to 1993 Public Act 68:

(1) the Board of Education of the school district or governing body of the nonpublic school (the "School") must request a criminal history check on me from the Central Records Division of the Michigan Department of State Police;

(2) until that report is received and reviewed by the School, I am regarded as a conditional employee; and

(3) if the report received from the Department of State Police is not the same as my representation(s) above respecting either the absence of any conviction(s) or any crimes of which I have been convicted, my employment contract is voidable at the option of the School.

___________________ _________________________________________

Date                             Signature