13-49-14.13. Criminal background check.

A person hired by the South Dakota School for the Blind and Visually Impaired and a person hired by South Dakota Services for the Deaf must submit to a fingerprint-based criminal background check by the Division of Criminal Investigation and the Federal Bureau of Investigation, if the person is to serve:

(1)    As a superintendent;

(2)    As an administrator;

(3)    As a principal;

(4)    In a teaching or teaching assistant position;

(5)    In a certificated or licensed clinical position; or

(6)    As residence hall staff.

The hiring entity shall submit fingerprint cards to the Division of Criminal Investigation before the person enters into service.

If no disqualifying record is identified at the state level, the fingerprints must be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal background check.

Any person subject to the requirements of this section may enter into service on a temporary basis, pending the receipt of results from the background check. The employing entity may, without liability, withdraw an offer of employment, or terminate the temporary employment, without notice, if the report reveals that the person has been convicted of any crime involving moral turpitude, including traffic in narcotics, which might justify suspension or revocation of a teaching certificate pursuant to § 13-42-10, or which otherwise reveals circumstances that suggest the person should not be employed.

Source: SL 1999, ch 96, § 1; SL 2023, ch 62, § 6.