33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLICANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS — STATEWIDE LIST OF SUBSTITUTE TEACHERS. (1) The department of education, through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals to include, but is not limited to, certificated and noncertificated employees, all applicants for certificates pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals involved in other types of student training such as practicums and internships, and on all individuals who have unsupervised contact with students in a K-12 setting. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, the following state and national databases:
(a) Idaho bureau of criminal identification;
(b) Federal bureau of investigation (FBI) criminal history check; and
(c) Statewide sex offender register.
(2) The state department of education shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the state police. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the employing school district, when requested at the time of the application or within six (6) months following the performance of the criminal history check. A copy shall also be provided to the applicant upon request.
(3) The state department of education shall maintain a statewide list of substitute teachers. The term "substitute teacher" shall have the meaning as provided in section 33-512(15), Idaho Code.
(4) The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.
History:
[33-130, added 1996, ch. 375, sec. 1, p. 1274; am. 2000, ch. 469, sec. 80, p. 1526; am. 2008, ch. 349, sec. 1, p. 961; am. 2015, ch. 201, sec. 1, p. 614; am. 2017, ch. 115, sec. 1, p. 266.]
Structure Idaho Code
Chapter 1 - STATE BOARD OF EDUCATION
Section 33-101 - CREATION OF BOARD.
Section 33-102 - MEMBERSHIP — APPOINTMENT — TERM OF OFFICE — QUALIFICATIONS — PLACE OF OFFICE.
Section 33-103 - REMOVAL OF MEMBERS — CAUSE.
Section 33-104 - MEETINGS OF THE BOARD — HONORARIUM — EXPENSES — ORGANIZATION.
Section 33-105 - RULES — EXECUTIVE DEPARTMENT.
Section 33-107 - GENERAL POWERS AND DUTIES OF THE STATE BOARD.
Section 33-107A - BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM.
Section 33-107B - BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR COMMUNITY COLLEGES.
Section 33-107C - BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS.
Section 33-107D - CAMPUS ACCESS FOR RELIGIOUS STUDENTS.
Section 33-108 - PREPARE AND PUBLISH REPORTS.
Section 33-109 - ANNUAL REPORT.
Section 33-110 - AGENCY TO NEGOTIATE, AND ACCEPT, FEDERAL ASSISTANCE.
Section 33-111 - BUDGET FOR EDUCATIONAL INSTITUTIONS.
Section 33-112 - PLANS AND SPECIFICATIONS — EQUIPMENT, APPLIANCES AND SUPPLIES.
Section 33-113 - LIMITS OF INSTRUCTION.
Section 33-114 - CERTIFICATION — COURSES OF STUDY — ACCREDITATION.
Section 33-115 - TEACHERS’ REGISTER.
Section 33-116 - SCHOOL DISTRICTS UNDER BOARD SUPERVISION.
Section 33-117 - PUBLIC SCHOOL FINANCIAL REQUIREMENTS.
Section 33-118 - COURSES OF STUDY — CURRICULAR MATERIALS.
Section 33-118A - CURRICULAR MATERIALS — ADOPTION PROCEDURES.
Section 33-118B - CURRICULAR MATERIALS — ADOPTION OF CONTENT STANDARDS.
Section 33-119 - ACCREDITATION OF SECONDARY SCHOOLS — STANDARDS FOR ELEMENTARY SCHOOLS.
Section 33-120 - UNIFORM REPORTING.
Section 33-121 - EXAMINATION OF BOOKS AT INSTANCE OF THE STATE BOARD.
Section 33-122 - SANITATION — SAFETY — COOPERATION WITH OTHER STATE AGENCIES.
Section 33-123 - EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORRECTION.
Section 33-124 - SPECIAL VOCATIONAL EDUCATION PROGRAMS.
Section 33-125 - STATE DEPARTMENT OF EDUCATION — CREATION — DUTIES.
Section 33-125B - PAY FOR SUCCESS CONTRACTING — DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Section 33-126 - ORGANIZATION OF DEPARTMENT.
Section 33-128 - STATEMENT OF PUBLIC PURPOSE.
Section 33-129 - MATCHING GRANTS FOR SCIENCE EDUCATION PROGRAMS — GRANT CRITERIA.
Section 33-130A - CRIMINAL HISTORY CHECKS FOR PRIVATE OR PAROCHIAL SCHOOL EMPLOYEES OR CONTRACTORS.
Section 33-131 - DEFINITIONS — TRIBAL SCHOOL — TRIBAL EDUCATION AUTHORITY.
Section 33-132 - LOCAL SCHOOL BOARDS — INTERNET USE POLICY REQUIRED.
Section 33-133 - DEFINITIONS — STUDENT DATA — USE AND LIMITATIONS — PENALTIES.
Section 33-134 - ASSESSMENT ITEM REVIEW COMMITTEE.
Section 33-135 - TEACHERS — CLASSROOM SIZE — REPORTING.
Section 33-136 - SUICIDE PREVENTION IN SCHOOLS.
Section 33-137 - DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS.
Section 33-138 - DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION.
Section 33-139 - PROHIBITION ON THE EXPENDITURE OF MONEYS FOR CERTAIN PURPOSES.
Section 33-140 - REPORT — HIGH-PERFORMING SCHOOLS AND TEACHERS.