Idaho Code § 33-130

§ 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.

[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.]