South Dakota schools must now conduct criminal background investigations on all employees over 18 through fingerprint checks with state and federal authorities before they start work, though schools can allow temporary employment while waiting for results. Schools can withdraw job offers or fire temporary employees if the background check reveals disqualifying criminal records, and schools may cover the costs of fingerprinting and investigations. The bill also clarifies that people officiating school events and technical college instructors are either exempt from or included in these background check requirements, respectively.
The amendment adds the word "accredited" throughout the bill to specify that criminal background investigation requirements apply only to employees of accredited school districts, narrowing the bill's scope from all school districts to only those with accredited status.
The amendment changes references throughout the bill from "school district" to "school" in several key sections, which BROADENS the bill's scope to apply criminal background investigation requirements more broadly to individual schools rather than limiting them to district-level hiring decisions. This makes the background check requirements apply at the school level itself, potentially capturing additional employees or contractors that might work with individual schools outside traditional district employment structures.
Signed by the Governor H.J. 452
Delivered to the Governor H.J. 400
Signed by the President S.J. 346
Signed by the Speaker H.J. 373
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 296
Education Certified uncontested, placed on consent S.J. 13
Education Do Pass Passed, YEAS 6, NAYS 0. S.J. 13
Education Scheduled for hearing
First read in Senate and referred to Senate Education S.J. 143
House of Representatives Do Pass Amended Passed, YEAS 65, NAYS 2. H.J. 166
Education Certified uncontested, placed on consent H.J. 6
Education Do Pass Amended Passed, YEAS 14, NAYS 0. H.J. 5
Education Motion to amend H.J. 5
Education Scheduled for hearing
Education Scheduled for hearing
First read in House and referred to House Education H.J. 12
Do Pass Amended
Education — Do Pass
Do Pass Amended
Education — Do Pass Amended