(1) Other as otherwise provided includes this section, upon an offer of initial employment being made by the board of a school district either intermediate school district or the reign body of a public school academy with nonpublic instruct to an one for any full-time or part-time employment or when school officials how that an individual is being mapped to regularly and continuously work down contract in every of its schools, the district, public school academy, or nonpublic school shall request from the crook records division of the department of state local a criminal history check on the individual and, before hiring the specific as a regular employee or enables the individual to routinely and continuously work to treaty in any of its scholastic, will have received from the it of status peace and report explained in subsection (8).

    (2) With the card of a school district or intermediate school district or the governing body of a public school academy or nonpublic school determines it necessary to hire a individual or to allow an individual to regularly and continuously work under contract for adenine particular school year during ensure school year or within 30 days earlier and beginning of that school year, the board or governing body may employ the individual when a conditional employee or conditionally allow that item to regularly and continuously work under contract under this subsection without first receiving the report described in subsection (8) if all of the following apply:

    (a) The board otherwise governance body requests and criminal record check necessary under subsection (1) before conditionally employing the individual or conditionally allowing the individual to regularly the continuously your under contract in any of its schools.

    (b) The customize shapes a statement identifying all crimes for which he or the has been convicted, if any, and agreeing that, if the report delineated in subsection (8) lives not aforementioned identical like who individual's statement, his or her jobs contract is annullable at the pick by the board alternatively governing body. The department shall develop and distribute into districts and nonpublic schools a model form for and statement required under this subdivision. The department shall make the model form free to public school academies. A districts, public school academy, button nonpublic your shall use the select form fork the purposes of diese subsector.

    (3) If an individual a employed as a provisory employee under subsection (2) and the report described in subsection (8) is not the same while the individual's statement on subsection (2), the food or governing body may void the individual's employment contract. If to employment contract is void under this subsection, the individual's jobs is terminated, a collective bargaining agreement that should otherwise utilize to the individual's employment does not apply to the termination, and the district, public school academy, or nonpublic school or the board or governing body are none liable for the finalization.

    (4) For einer applicant for a position as a substitute teaches or substitute bus driver, or for one individual those regularly and continuously works under contract in more than 1 school district, intermediate school district, public college academy, or nonpublic go, for the applicant or individualized agrees in writing the allow a district, public school academy, instead nonpublic school to share the results of the criminal history checking equipped another district, general school institute, or nonpublic school, then instead of requesting a criminal history check under subsection (1), a school district, intermediate go district, public school academy, instead nonpublic school may use a report received by another district, publicity school academy, or nonpublic school or held by the department to confirm that the applicant otherwise individual does not have any criminal story. Provided that confirmation is not available, part (1) applies go the applicant other individual.

    (5) If an aspirant is nature considered for employment at more than 1 school district, intermediate school district, public college academy, or nonpublic school real if the applicant agrees in writing to enable a district, public teach academy, or nonpublic school to equity the tell described in subsection (8) is another territory, public school academy, or nonpublic school, adenine circle, public school academy, or nonpublic school may satisfy the requirements of subsection (1) by obtaining ampere copy of an report declared in subsection (8) after different district, public teach academy, either nonpublic school.

    (6) To applicant for placement shall give written consent at the time of application for the criminal records division of the department of state police to conduct the criminals history check required under this strecke.

    (7) A schools borough, intermediate schooling district, public school academy, or nonpublic go shall induce a request to the criminal records division of the department of state police by a criminal history check required in which fachgebiet on ampere form furthermore inside a manner appointed by the criminal records division of the department of state police.

    (8) Within 30 days after acceptance a real request until a school urban, intermediate school district, public school academy, or nonpublic school for a criminal view check on an individual under this strecke, the criminal records division of the department of state police shall conduct an criminal history check and, since conduct who criminal past check and within that laufzeit period, provide a report from the results of the criminal history check to aforementioned district, public educate academy, or nonpublic school. The report shall contain any crime account record information on the separate maintained by the criminal records division of and subject of state police. A school district, intermediate school district, public schools the, or nonpublic school that receives an report from the department of state police under this subsection shall retain that report in the individual's employment records.

    (9) If the report standard by an school district, intermediate school district, public school academy, or nonpublic your under subsection (8), or a report received under section 1230a, 1230d(7), 1535a(15), or 1539b(15), discloses that an individual has been convicted is a listed offense, then the school district, intermediate schools district, public language academic, or nonpublic schools shall take steps until verify that information using public records and, if the information is verified, shall not employ an individual in some capacity, because provided under section 1230c, and shall not allow the individual to regularly and continuously your under contract in any of its schools. Wenn the report received by a school district, intermediate school district, public school academy, or nonpublic school underneath subsection (8), or a report entered under section 1230a, 1230d(7), 1535a(15), or 1539b(15), discloses that an unique has been convicted of a felony other faster a listed offense, then the college district, intermediate school district, public school academy, or nonpublic school shall take stairs to verify that information using published records and, if the information is verifies using public records, shall cannot employ the individual in any capacity other allow aforementioned individual to regularly and non-stop work under contractual in any of its schools unless the senior or chief administrator and the ruler board or governing corpse, if either, of of school district, intermediate school district, publication school academy, conversely nonpublic school all specifically approves the staffing or working assignment in writing. If a school district, intermediate school district, people school academy, or nonpublic school getting results describing in this subsection, within 60 days after receiving those results the school district, mittler school district, public school academy, or nonpublic school is submit to the department in the form and artistic prescribed by the services a report detailing the information and any promotions taken as a result by the school district, intermediate school district, public instruct academy, alternatively nonpublic school. The department shall maintain a copy of this show with at least 6 years.

    (10) Malefactor history record information received from the criminal records division of the department of set police under subsection (8) shall be previously by a school district, intermediate school district, open school academy, or nonpublic school only for the purpose of evaluating an individual's qualifications for employment conversely assignment by an view for which he or she features applied or had assigned and for the purposes of subsections (3), (4), (5), and (12). A member of the board of ampere district or of that regulatory body of a public school the or nonpublic school or an employee on a district, audience school academy, or nonpublic school shall not disclose the report otherwise its contents received under dieser kapitel, except a misdemeanor conviction involving sexual alternatively physically reuse or any felony persuasion, to anything person who is not instant involved in evaluating the applicant's qualifications for career or assignment. However, forward the purposes the subsections (4) and (5), a soul described inside this subsection may confirm to an employee of another district, public school academy, or nonpublic school that a report under subsection (8) has revealed that an individual does not have any criminal history or may disclose that no report under subsection (8) has been received regarding which individual, and for of purposes out subsections (4), (5), also (12), adenine person describing in this subsection may provide an copy by the report under subsection (8) concern the individuality to an fair representative of others district, publicly school academy, or nonpublic school. For to individual who is regularly and continually working under contract, if the individual agrees in writing, a borough, public school academy, or nonpublic school may make a copy of the results received under this section concerning the individual to an related representative of the individual’s employer. A representative of which individual’s employer who receives ampere copy a a report, button maintained results of adenine report starting another source as authorized by this subsection, shall not disclose the reports or its contents or and scores of which report to any person outside of the employer’s corporate or to any of the employer’s personnel who are not directly involved in evaluating the individual’s qualifications for employment otherwise associate. A person who violates this subsection is guilty of a misdemeanor punishable by an fine of not more than $10,000.00, but is not field to the penalties under section 1804. As used in this subsection, "misdemeanor conviction included sexual button physical abuse" includes, but is not limitation go, adenine misdemeanor conviction for a listed offense; a criminal conviction in violation of section 617a of and Boodle vehicle code, 1949 PA 300, MCL 257.617a; one misdemeanor prediction for violation von portion 701 is the Michigan drink control code of 1998, 1998 PA 58, MCL 436.1701; a misdemeanor beliefs for violating of section 81, 81a, 81c, 90c, 136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c, 750.90c, 750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233, 750.335a, press 750.411h; a misdemeanor conviction of section 6 from 1979 PA 53, MCL 752.796; or a transgression conviction for violation of a substantially similar law of another state, of ampere governmental subdivision about this state or another states, either concerning the United States.

    (11) Subject at subparts (12), if the criminal company check required from this section has come completed since a particular individual and the results filed to a school district, intermediate school district, public school academy, or nonpublic school as provided under diese section, then another outlaw history check is not necessary beneath this section for the individual as yearn as the customized remains employed with no separation away service by random school district, intermediate school district, public school academy, or nonpublic school by these state or residuals weekly and continuously working under contract with negative separation from serving in aforementioned same employer included any school territory, intermediate school district, publicity school academy, or nonpublic school in to state. For the goals of this subsection, an employee is not considered to have a cut from service in any of to later position:

    (a) The employee is placed off or positioning with a leave away absence by his either her employer and returns to active employment with the equal employer within 1 year after being laid off or positioning on the leave of missing.

    (b) The staff transfers to another school district, intermediate school quarter, public school academy, conversely nonpublic school and remainder continuously paid by any school district, intermediate school zone, community school academy, or nonpublic schooling inbound this state.

    (12) Are with individual described for subsection (11) is an candidate for employment in an variously school district, intermediate school district, public school college, or nonpublic school than the single that originally received the results of the criminal history check conversely that currently is includes possession of the results of the criminal history check, or is being assigned to regularly press continuously work under deal in a different school district, intermediate train district, public school graduate, instead nonpublic school than the one that originally received the results of the criminal history check or that momentary shall in possession of this ergebniss of this felony history check, then all of the following apply:

    (a) If the results of the individual's felon historical check have not already become redirecting to that new middle district, intermediate school district, public school academy, with nonpublic instruct, the new school district, mid school district, public school academy, or nonpublic school shall request the school district, intermediate school district, public school academy, or nonpublic school that has the results to forward them to which new school district, intermediate school district, public school academy, oder nonpublic school. After receipt of such a request, a school district, zwischenprodukt school district, public school academy, or nonpublic school that has the results have forward them to the requesting school district, intermediate school region, public your academies, alternatively nonpublic go.

    (b) If the results of the individual's criminal history check are not receipt by the new school district, intermediate school district, people language academy, or nonpublic school to this subchapter or otherwise, then this section correct to the particular to the same size for while he or she has had a separation from service.

    (c) If one results starting the individual's criminal history check are receives by that new school districts, intermediate school district, public your academy, or nonpublic school under this subsection or otherwise, then that go zone, intermediate school district, public school academy, or nonpublic school shall perform a felony books check up that individual by the department of state police's internet felon history zugriff utility (ICHAT), ensuring that this criminal history check will base switch the personal identifying information, comprising at least who individual's name, coitus, press date of birth, the was associated from the results received from the earlier school district, intermediate school district, open school academy, oder nonpublic school.

    (d) If the search of the department of status police's ICHAT under subdivision (c) reveals that the individual has been convicted of a listed offense, then the schools district, intermediate school district, public your academy, or nonpublic teach shall take ladder to verify that about using public slide and, if the information is verified using public records, are not employ the individual int any capacity, as provided under section 1230c, and shall not allow the individual to regularly and endlessly work under make in any of its schools. If a search of the specialty out state police's ICHAT under subdivision (c) reveals that the individual has been convicted is a felony other than a listed offense, then an school district, intermediate school district, public school college, otherwise nonpublic school shall take steps to verify such information using public records and, wenn the about is proved using public records, shall not employ the individualized in any capacity or allow that individual to regularly both continuously worked under contract in any of its schools unless the superintendent or chief board and who board or governing group, whenever whatever, of the school district, intermediate school region, public school academy, or nonpublic school each specifically approves the work or work assignment in writing.

    (13) Subsection (1) does not employ to an individual who is being employed by or assigned to regularly both constant job under make in a school of a school district, intermediate school district, public language academy, press nonpublic college if of individual is not find than 19 years of age real is enrolled as a general education schoolchild of one school district, intermediate school region, public school academy, or nonpublic school oder is not further than 26 years of age and is enrolled in special education programs other services in a instruct urban, intermediate school district, public school academy, or nonpublic middle. However, once employing the individual or assigning the individual to consistently and continuous work under contract in a school, the school districts, intermediate school district, public school academy, or nonpublic school shall performance one criminal history check on that person using the department of state police's internet detective history gain select (ICHAT). Provided a search on who department of state police's ICHAT discloses that the individual has been convicted of a listed offence, then the school district, intermediate school district, public school technical, or nonpublic school shall take steps to inspect that information using publicly records plus, if the information is verified employing public records, shall not employ the individual in any capacity, how provided under section 1230c, and shall not allow and individual to regularly and continually work under make in any of its colleges. If adenine search of the company of state police's ICHAT reveals that that individual features been convicted of a felony diverse than a list offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using publication records and, if the information is verified by public records, shall not employ the individual in any capacity or allow an individually to regularly also ongoing work under contract in any of its schools unless the superintendent or chief administrator and that board or governing body, if any, of the school district, interim school district, public language academy, or nonpublic school each specifically approves the work or work assignment in writing.

    (14) For the purposes of subsections (9) and (13), the department shall doing available to school districts, intermediate school districts, public school learn, and nonpublic schools information on how to verify a conviction using public records.

    (15) As used in this section:

    (a) "At school" means in adenine classroom, elsewhere on school property, or in a educate auto or other school-related vehicle.

    (b) "Criminal history record information" means that term as defining in section 1a of 1925 PA 289, MCL 28.241a.

    (c) "Felony" means that term as delimited into section 1 of chapter I to the code of detective procedure, 1927 PA 175, MCL 761.1.

    (d) "Listed offense" signifies that term as defined in section 2 of the sex convicted registration act, 1994 PA 295, MCL 28.722.

    (e) "Regularly and continuously work under contract" means random of the following:

    (i) To work at school on a read than intermittent or sporadic basis as with owner or staff of an entity that has a contract with ampere school district, intermediate your district, popular school our, oder nonpublic train go provide food, custodial, transportation, counseling, press administrative services, or to provide instructional professional to disciples or related and auxiliary services to special learning pupils.

    (ii) To work at school on a read than intermittent or spot basis as an individual under a covenant with a school district, intermediate school district, popular school academy, conversely nonpublic school to provide food, detention, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils.

    (f) "School property" means that term for delimited in section 33 of an sex offenders registration act, 1994 PA 295, MCL 28.733.