2006 House Bill 5675 / Public Act 84

Revise convicted school employee list requirements

Introduced in the House

Feb. 14, 2006

Introduced by Rep. Rick Baxter (R-64)

To require that reasonable measures be undertaken to ensure the accuracy of school personnel criminal record reports issued by the Michigan Department of Education. This relates to <a href="http://www.michiganvotes.org/2005-SB-601">Public Act 138 of 2005</a>, which requires school employee lists to be cross-checked against State Police criminal conviction information, and schools to fire those convicted of certain crimes. The bill allows schools to not release the names of convicted employees for two weeks after receiving the list from the state. After that time schools would have to release the names of all employees with criminal convictions. The bill was introduced after the first round of conviction record distributions included numerous inaccuracies.

Referred to the Committee on Education

Feb. 15, 2006

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Feb. 22, 2006

Substitute offered

To replace the previous version of the bill with one that clarifies the law's applicaton to "contract employees." The substitute makes clear that this does not apply to construction workers, delivery personnel, etc., who may regularly visit a school but are not working day in and day out around students at the school. This version was not adopted, but this provision was included in the one that was adopted.

The substitute failed by voice vote

Substitute offered by Rep. Rick Baxter (R-64)

To replace the previous version of the bill with one that further clarifies which criminal offenses by employees would be released to the public.

The substitute passed by voice vote

Passed in the House 105 to 0 (details)

Received in the Senate

Feb. 23, 2006

Referred to the Committee on Education

Feb. 28, 2006

Referred to the Committee on Judiciary

March 1, 2006

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

March 2, 2006

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

March 7, 2006

Amendment offered by Sen. Ron Jelinek (R-21)

To exempt from disclosure under the Freedom of Information Act the names of school employees who have convictions on their record for less serious midemeanors. Schools would only be required to release the names of those who have convictions for felonies and serious misdemeanors (especially those that involve sex crimes).

The amendment passed by voice vote

Amendment offered by Sen. Ron Jelinek (R-21)

To clarify the the bill only applies to current school employees, not past or retired employees.

The amendment passed by voice vote

Amendment offered by Sen. Mike Bishop (R-12)

To extend the time period during which schools are not required to release the names of employees with criminal convictions after receiving the list from the state. The time period would go from "14 days" to "15 business days," during which time the accuracy of the information could be checked.

The amendment passed by voice vote

Amendment offered by Sen. Michael Switalski (D-10)

To only require schools to release the names of employees with felony convictions, or those with convictions for misdemeanors involving physical or sexual abuse.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To require that reasonable measures be undertaken to ensure the accuracy of school personnel criminal record reports issued by the Michigan Department of Education. This relates to <a href="http://www.michiganvotes.org/2005-SB-601">Public Act 138 of 2005</a>, which requires school employee lists to be cross-checked against State Police criminal conviction information, and schools to fire those convicted of certain crimes. The bill allows schools to not release the names of convicted employees for 15 business days after receiving the list from the state. After that time schools would have to release the names of employees with felony or serious misdemeanor convictions, but would have discretion regarding those with less serious misdemeanors. The bill was introduced after the first round of conviction record distributions included numerous inaccuracies.

Received in the House

March 8, 2006

March 22, 2006

Failed in the House 11 to 94 (details)

To concur with a Senate-passed version of the bill. The vote sends the bill to a House-Senate conference committee to work out the differences.

March 28, 2006

Received

Received in the Senate

March 28, 2006

In the House

March 29, 2006

Passed in the House 106 to 0 (details)

To adopt a compromise version of the bill reported by a House-Senate conference committee. This would give schools information on all convictions of current employees, including those for very minor offences, but only require them to release information on serious offences that under the law requires the employee to be fired. Aggregate data on all school employee offences but without names attached would be available from the state.

In the Senate

March 30, 2006

Passed in the Senate 36 to 0 (details)

Signed by Gov. Jennifer Granholm

March 31, 2006