South Dakota § 13-10-12 - Criminal background investigation--Prospective employees, technical college instructors, and student teachers--Temporary employment pending results.

§ 13-10-12. Criminal background investigation--Prospective employees, technical college instructors, and student teachers--Temporary employment pending results.

Each person over eighteen years of age hired by an accredited school shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The accredited school shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing accredited school may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. The employing accredited school may pay any fees charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school is not required to submit to a criminal background investigation as required in this section. In addition, any instructor employed by a technical college is required to submit to a criminal background investigation as required in this section at the time of initial employment.

The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the accredited school. A criminal background investigation, of a student teacher, conducted by an accredited school may be provided to any other accredited school in which the student engages in student teaching. The accredited school conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the accredited school.

Source: SL 2000, ch 76, § 1; SL 2001, ch 74, § 1; SL 2003, ch 95, § 1; SL 2011, ch 87, § 1; SL 2012, ch 92, § 1; SL 2016, ch 84, § 1; SL 2020, ch 61, § 38; SL 2026, ch 79, § 1.