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26.366.19 101st Legislative Session 1003
2026 South Dakota Legislature
House Bill 1003
ENROLLED
AN ACT
ENTITLED An Act to amend provisions pertaining to the required criminal
background investigation of certain school employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-10-12 be AMENDED:
13-10-12. 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 eve nt 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
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HB1003 ENROLLED
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.
Section 2. That § 13-10-12.1 be AMENDED:
13-10-12.1. Any accredited school employee who is employed by more than one
accredited school is only required to obtain one criminal background investigation, if the
background investigation was conducted no more than five years before the person is first
employed by the additional accredited school. The results of the background investigation
shall be transferred to any additional accredited school from the initial school that obtained
the criminal background investigation if the additional accredited school or the s chool
employee requests in writing to the initial accredited school that the results be transferred
and the accredited school employee who was the subject of the criminal background
investigation signs a written release authorizing the transfer.
Section 3. That § 13-10-13 be AMENDED:
13-10-13. An accredited school may refuse to employ a person, either directly or
by contract, who has been convicted of a crime involving moral turpitude as defined in
subdivision 22-1-2(25).
No person may be employed by an accredited school, either directly or by contract,
if the person has been convicted of a crime of violence as defined in subdivision 22-1-
2(9), a sex offense as defined in § 22-24B-1, or trafficking in narcotics.
Nothing in this section prohibits an accredited school from considering any criminal
conviction in making a hiring decision.
Section 4. That § 13-10-14 be AMENDED:
13-10-14. Any person employed by an accredited school on July 1, 2000, who
remains continuously employed by the same accredited school for consecutive school
years is not required to submit to a criminal background check as provided in § 13-10-12.
26.366.19 3 1003
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An Act to amend provisions pertaining to the required criminal background investigation of
certain school employees.
I certify that the attached Act originated in
the:
House as Bill No. 1003
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1003
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State