Missouri HB 606: Modifies provisions relating to transportation of school children.

Bill Text

FIRST REGULAR SESSION
[PERFECTED]
HOUSE BILL NO. 606
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BASYE.
0768H.01P DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 168.133 and 304.060, RSMo, and to enact in lieu thereof two new sections
relating to transportation of school children.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 168.133 and 304.060, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 168.133 and 304.060, to read as follows:
168.133. 1. The school district shall ensure that a criminal background check is
2 conducted on any person employed after January 1, 2005, authorized to have contact with pupils
3 and prior to the individual having contact with any pupil. Such persons include, but are not
4 limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians,
5 cooks, and nurses. The school district shall also ensure that a criminal background check is
6 conducted for school bus drivers. The district may allow such drivers to operate buses pending
7 the result of the criminal background check. For bus drivers, the school district shall be
8 responsible for conducting the criminal background check on drivers employed by the school
9 district. For drivers employed by a pupil transportation company, a municipality, or any other
10 entity under contract with the school district, the criminal background check shall be conducted
11 pursuant to section 43.540 and conform to the requirements established in the National Child
12 Protection Act of 1993, as amended by the Volunteers for Children Act. Personnel who have
13 successfully undergone a criminal background check and a check of the family care safety
14 registry as part of the professional license application process under section 168.021 and who
15 have received clearance on the checks within one prior year of employment shall be considered
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 606 2
16 to have completed the background check requirement. A criminal background check under this
17 section shall include a search of any information publicly available in an electronic format
18 through a public index or single case display.
19 2. In order to facilitate the criminal history background check, the applicant shall submit
20 a set of fingerprints collected pursuant to standards determined by the Missouri highway patrol.
21 The fingerprints shall be used by the highway patrol to search the criminal history repository and
22 shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal
23 history files.
24 3. The applicant shall pay the fee for the state criminal history record information
25 pursuant to section 43.530 and sections 210.900 to 210.936 and pay the appropriate fee
26 determined by the Federal Bureau of Investigation for the federal criminal history record when
27 he or she applies for a position authorized to have contact with pupils pursuant to this section.
28 The department shall distribute the fees collected for the state and federal criminal histories to
29 the Missouri highway patrol.
30 4. The department of elementary and secondary education shall facilitate an annual check
31 of employed persons holding current active certificates under section 168.021 against criminal
32 history records in the central repository under section 43.530, the sexual offender registry under
33 sections 589.400 to [589.475] 589.426, and child abuse central registry under sections 210.109
34 to 210.183. The department of elementary and secondary education shall facilitate procedures
35 for school districts to submit personnel information annually for persons employed by the school
36 districts who do not hold a current valid certificate who are required by subsection 1 of this
37 section to undergo a criminal background check, sexual offender registry check, and child abuse
38 central registry check. The Missouri state highway patrol shall provide ongoing electronic
39 updates to criminal history background checks of those persons previously submitted, both those
40 who have an active certificate and those who do not have an active certificate, by the department
41 of elementary and secondary education. This shall fulfill the annual check against the criminal
42 history records in the central repository under section 43.530.
43 5. The school district may adopt a policy to provide for reimbursement of expenses
44 incurred by an employee for state and federal criminal history information pursuant to section
45 43.530.
46 6. If, as a result of the criminal history background check mandated by this section, it is
47 determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or
48 nolo contend