School Safety & Professional Practices School Safety Legislation (MCL 380.1230a) Certificate Suspension and Revocation (MCL 380.1535a) Stephanie Whiteside School District Consultant
Objective Gain understanding of criminal background checks for all employees Obtain current law/rules on proper reporting of felonies, convictions, and misdemeanors Understand how specific offenses impact an educator s certificate
Professional Standards and Practices School Safety Legislation All K 12 employees who are regularly and continuously employed must undergo a criminal history check which includes fingerprinting. The legislation does permit the sharing of criminal background check results if the individual is making application to multiple districts during the same time period, or is employed by multiple districts, or when an employee has moved from one district to a new district with no interruption of service. This is more commonly found with Substitute Teaching Permits. 3
Professional Standards and Practices School Safety Legislation If the district does not have or refuses to share the information, the individual must undergo fingerprinting. Once the individual has been identified as a school employee any subsequent arrests, arraignments, or convictions will be reported to the Michigan Department of Education (MDE) by the Michigan State Police Criminal Justice Information Center in Rap Back notifications. MDE then notifies the school district of convictions. 4
Professional Standards and Practices School Safety Legislation Any questions or concerns regarding the criminal history background checks, obtaining a school employee index number, or challenges to information on the report, should be directed to: the Michigan State Police Criminal Justice Information Center by calling the following number: (517) 322-5531. 5
Professional Standards and Practices School Safety Legislation If a school employee has been convicted of a listed offense (a conviction requiring the name of the individual to be listed on the Sex Offenders Registry), the employee must immediately be dismissed and, in accordance with the legal standard set by legislation, shall not work for a Michigan K 12 school in any capacity. 6
Listed Offenses (Requires Immediate Termination of K 12 Employment) Offenses Accosting, enticing, or soliciting a child for immoral purposes Involvement in child sexually abusive activity or material
Listed Offenses (continued) A third or subsequent violation of any combination of engaging in obscene or indecent conduct in public, indecent exposure, or a local ordinance substantially corresponding to either offense First, second, third, or fourth degree Criminal Sexual Conduct (CSC)
Listed Offenses (continued) Assault with intent to commit CSC If the victim is less than 18 years of age, the crime of gross indecency (except for a juvenile disposition or adjudication), kidnapping, sodomy, or soliciting another for prostitution
Listed Offenses (continued) Leading, enticing, or carrying away a child under 14 years of age Pandering Any other violation of a state law or local ordinance constituting a sexual offense against an individual less than 18 years of age
Listed Offenses (continued) An offense committed by a sexually delinquent person An attempt or conspiracy to commit one of the aforementioned offenses
Professional Standards and Practices School Safety Legislation If a school employee has been convicted of a felony, any felony, the superintendent and the school board must agree, in writing, to continue the employment of, or the hiring of, the individual. If the school employee has been convicted of a misdemeanor, then the school will be notified by MDE but no action is required. The school may choose to institute a policy regarding misdemeanor convictions by employees. 12
Professional Standards and Practices School Safety Legislation Schools are required to report to MDE if they become aware of an employee who has been convicted of a felony or an enumerated offense. An enumerated offense is one that is specifically mentioned in the statute. 13
Professional Standards and Practices School Safety Legislation All school employees are required to disclosed arraignment for offenses listed in Section 1535a to both the employer and the MDE within three (3) business days of arraignment. 14
MCL 380.1535a Enumerated Any Felony Offenses Felonious assault on a child; child abuse in any degree; an attempt to commit child abuse in any degree Cruelty, torture, or indecent exposure involving a child
Enumerated Misdemeanors (continued) Delivery of a narcotic to a minor or student or within 1,000 feet of school property (333.7410) Knowingly allowing a minor to consume or possess alcohol or a controlled substance at a social gathering (750.141a)
Enumerated Misdemeanors (continued) Accosting, enticing, or soliciting a child for an immoral purpose (750.145a) Larceny from a vacant dwelling (750.359) Breaking and entering (750.115)
Enumerated Misdemeanors (continued) Assault; Assault and Battery (750.81) Assault; infliction of serious injury (750.81a)
Enumerated Misdemeanors (continued) Selling or furnishing alcoholic liquor to a person less than 21 years of age (436.33)
Professional Standards and Practices School Safety Legislation The legislation does permit the sharing of criminal background check results if the individual is making application to multiple districts during the same time period, or is employed by multiple districts, or when an employee has moved from one district to a new district with no interruption of service.
Professional Standards and Practices School Safety Legislation Please note, in MCL 380.1230a, an additional criminal history check is not required of the employee as long as the individual remains employed with no separation from service or continues to work under contract. If the employee is laid off or placed on leave and returns to active employment with the same employer within one year a9er being laid off or on leave or if the employee transfers to another district and remains continuously employed, the employee does not have to undergo an additional criminal history check. 21
Professional Standards and Practices Suspension and Revocation of Teaching Certificates The Michigan School Code, Section 380.1535(a) gives authority to the State Superintendent to suspend or revoke a teaching certificate when a conviction for a felony or certain enumerated misdemeanors can be shown to have an adverse effect on the person s present fitness to teach in an elementary or secondary school, public or nonpublic. 22
Suspension and Revocation of Teaching Certificates If the conviction is for an offense enumerated in Section 1535a (1) of the Revised School Code, the teacher will be scheduled for an informal compliance conference to discuss the conviction and its impact on their ability to obtain or retain their Michigan teaching certificate. The certificate will retain its current validity status during the entire process. 23 If the conviction is for an offense enumerated in Section 1535a (2) of the Revised School Code, the offense is deemed serious enough to warrant the immediate suspension of the certificate. The teacher will have the opportunity to challenge the suspension but not while the certificate is valid. In the case of a summary suspension, the teacher is notified the certificate is suspended thus rendering the teacher ineligible to be assigned to a classroom.
Immediate Summary Suspension MCL 380.1535a(2) Manufacturing/Delivering controlled substance (7401(2)(a)(i)) Possession of a controlled substance (7403(2)(a)(i)) Attempt to murder (750.91)
Summary Suspension Offenses (continued) Recruiting, inducing, soliciting or coercing minor to commit a felony (333.7416) Assault with intent to commit murder (750.83)
Summary Suspension Offenses (continued) Assault with intent to rob and steal armed (750.89) First degree murder (750.316) Second degree murder (750.317)
Summary Suspension Offenses (continued) Armed robbery aggravated assault (750.529) Misdemeanor Delivery of a narcotic to a minor or student or within 1,000 feel of school property (333.7410)
Suspension and Revocation of Teaching Certificates The suspension or revocation hearing is an action by MDE against an individual s teaching certificate (a property right). The action by the superintendent and the school board to continue employment is an employer decision. The employer cannot suspend or revoke a teaching certificate but can take action that may have an adverse effect on employment. 28
Unprofessional Conduct Disclosure Schools are required to obtain a disclosure of unprofessional conduct statement for all new employees. All new employees must sign a statement releasing the previous employer from liability for disclosing past unprofessional conduct. 29
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Professional Standards and Practices Contact Information Stephanie Whiteside School District Consultant (517) 335-1167 office (517) 373-0542 fax WhitesideS@michigan.gov