The bill amends several sections of South Dakota law regarding the criminal background investigation requirements for school employees. It stipulates that all individuals over eighteen hired by accredited schools must undergo a criminal background investigation, which includes fingerprint checks by both the Division of Criminal Investigation and the Federal Bureau of Investigation. The bill allows for temporary employment pending the results of the background check and permits schools to withdraw job offers or terminate temporary employment if a disqualifying record is found. Additionally, it clarifies that student teachers must also undergo a background check, which can be shared with other accredited schools where they may teach.

Furthermore, the bill introduces provisions for employees working at multiple accredited schools, stating that they only need one background investigation if it was conducted within the last five years. The results can be transferred to new schools upon written request and authorization. The amendments also specify that schools may refuse to hire individuals convicted of crimes involving moral turpitude, violent crimes, sex offenses, or narcotics trafficking, while still allowing schools to consider other criminal convictions in their hiring decisions. Lastly, it exempts individuals continuously employed since July 1, 2000, from needing to submit to a new background check.

Statutes affected:
Introduced, 12/19/2025: 13-10-12, 13-10-12.1, 13-10-13, 13-10-14, 13-10-15
House Education Engrossed, 01/26/2026: 13-10-12, 13-10-12.1, 13-10-13, 13-10-14
Enrolled, 02/19/2026: 13-10-12, 13-10-12.1, 13-10-13, 13-10-14