44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC SCHOOLS; PROVIDING FOR BACKGROUND CHECKS ON ALL APPLICANTS FOR EMPLOYMENT; REQUIRING LOCAL SCHOOL BOARDS TO DISCLOSE CERTAIN PERSONNEL INFORMATION UPON INQUIRY OF ANOTHER LOCAL SCHOOL BOARD; PROVIDING IMMUNITY FROM LIABILITY FOR DISCLOSING CERTAIN INFORMATION; PROVIDING INDEMNIFICATION FOR FAILURE TO DISCLOSE IN CERTAIN INSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-10-3.3 NMSA 1978 (being Laws 1997, Chapter 238, Section 1, as amended) is amended to read:

"22-10-3.3. BACKGROUND CHECKS.--

A. An applicant for initial certification shall be fingerprinted and shall provide two fingerprint cards or the equivalent electronic fingerprints to the department of education to obtain the applicant's federal bureau of investigation record. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act. Other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the denial, suspension or revocation of a certificate for good and just cause. Records and any related information shall be privileged and shall not be disclosed to a person not directly involved in the certification or employment decisions affecting the specific applicant. The applicant for initial certification shall pay for the cost of obtaining the federal bureau of investigation record.

B. Local school boards shall develop policies and procedures to require background checks on an applicant who has been offered employment, a contractor or a contractor's employee [with unsupervised access to students]. An applicant for employment who has been initially certified within twelve months of applying for employment with a local school board shall not be required to submit to another background check if the department of education has copies of his federal bureau of investigation records on file. An applicant who has been offered employment, a contractor or a contractor's employee [with unsupervised access to students] shall provide two fingerprint cards or the equivalent electronic fingerprints to the local school board to obtain his federal bureau of investigation record. The applicant who has been offered employment, contractor or contractor's employee may be required to pay for the cost of obtaining a background check. At the request of a local school board, the department of education is authorized to release copies of federal bureau of investigation records that are on file with the department of education and that are not more than twelve months old. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act; provided that other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the employment decisions for good and just cause. Records and any related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision affecting the specific applicant who has been offered employment, contractor or contractor's employee with unsupervised access to students.

C. Upon inquiry of a local school board concerning information relating to an applicant for employment, a local school board that previously employed the applicant shall release to the inquiring school board copies of all information in the applicant's personnel file concerning conduct that may affect the health or safety of students. The information released may be just cause for the employment decision made by the inquiring school board; provided that the information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision. No local school board or its employee shall be held liable to the applicant for employment for any civil damages as a result of releasing information pursuant to this subsection.

D. A local school board found liable for damages to a student caused by the actions of an employee shall be indemnified and held harmless by a local school board that previously employed the employee if:

(1) before hiring the employee, the employer had made an inquiry of the previous employer concerning the employee;

(2) the previous employer failed to release information required to be released pursuant to Subsection C of this section; and

(3) there was information in the employee's personnel file with the previous employer concerning prior conduct or actions that directly related to the actions of the employee for which the employer was found liable.

[C.] E. The department of education shall implement the provisions of Subsection A of this section on or before July 1, 1998."