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South DakotaHB 1003101st South Dakota Legislature (2026)House

amend provisions pertaining to the required criminal background investigation of certain school employees.

Sponsored By: Sponsor information unavailable

Signed by Governor

Criminal Background InvestigationEducationExecutive/Judiciary RequestSchools

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Certain convictions bar school employment

South Dakota accredited schools cannot employ people convicted of violent crimes, sex offenses, or trafficking in narcotics. This ban covers both direct employment and contract work. Schools may also reject applicants convicted of crimes involving moral turpitude, as defined by state law. Schools can consider any criminal conviction when making hiring decisions.

School workers can reuse recent checks

Employees working for more than one accredited school need only one background investigation if it meets the five-year limit. The check must have occurred no more than five years before their first employment at the additional school. The employee or additional school must request the results from the initial school in writing. The employee must sign a written release authorizing transfer. Once both requirements are met, the initial school must transfer the results.

Some school workers skip background checks

People hired to officiate, judge, adjudicate, or referee school-sponsored public events do not need this background investigation. A separate exemption covers employees working at an accredited school on July 1, 2000. They must remain continuously employed by that same school for consecutive school years to keep the exemption.

Student teachers can share background checks

An accredited school conducts the required background investigation for a student teacher completing teacher certification requirements. It may share the results with other accredited schools where that person does student teaching. The school that conducted the investigation may also use those results when hiring the person as an employee.

School workers face fingerprint check rules

Accredited schools must submit fingerprint cards for new hires over age 18 before they start work. The state Division of Criminal Investigation checks the fingerprints. If no disqualifying state record appears, it forwards them to the FBI for a national check. Technical college instructors must submit to this background investigation at initial employment. Workers can start temporarily while results are pending, and employing accredited schools may pay fingerprinting and investigation fees. If results show a disqualifying record, schools may withdraw the offer or end temporary employment without notice or liability.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 119 • No: 2

Senate vote • 2/18/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 2/17/2026

Do Pass

Yes: 6 • No: 0

House vote • 1/28/2026

Do Pass Amended

Yes: 65 • No: 2

House vote • 1/26/2026

Do Pass Amended

Yes: 14 • No: 0

Bill Text

  • Introduced

    12/19/2025

    PDF

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