THE REVISED SCHOOL CODE
Act 451 of 1976
380.1230b Applicant for employment; information regarding unprofessional conduct to be provided by previous employer; signed statement authorizing disclosure; request; immunity from civil liability; prohibition; use of information; violation of subsection (5) as misdemeanor; effect of contract or agreement; other information; definitions.
Sec. 1230b.
(1) Before hiring an applicant for employment, a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall request the applicant for employment to sign a statement that does both of the following:
(a) Authorizes the applicant's current or former employer or employers to disclose to the school district, local act school district, public school academy, intermediate school district, or nonpublic school any unprofessional conduct by the applicant and to make available to the school district, local act school district, public school academy, intermediate school district, or nonpublic school copies of all documents in the employee's personnel record maintained by the current or former employer relating to that unprofessional conduct.
(b) Releases the current or former employer, and employees acting on behalf of the current or former employer, from any liability for providing information described in subdivision (a), as provided in subsection (3), and waives any written notice required under section 6 of the Bullard-Plawecki employee right to know act, Act No. 397 of the Public Acts of 1978, being section 423.506 of the Michigan Compiled Laws.
(2) Before hiring an applicant for employment, a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall request at least the applicant's current employer or, if the applicant is not currently employed, the applicant's immediately previous employer to provide the information described in subsection (1)(a), if any. The request shall include a copy of the statement signed by the applicant under subsection (1).
(3) Not later than 20 business days after receiving a request under subsection (2), an employer shall provide the information requested and make available to the requesting school district, local act school district, public school academy, intermediate school district, or nonpublic school copies of all documents in the employee's personnel record relating to the unprofessional conduct. An employer, or an employee acting on behalf of the employer, that discloses information under this section in good faith is immune from civil liability for the disclosure. An employer, or an employee acting on behalf of the employer, is presumed to be acting in good faith at the time of a disclosure under this section unless a preponderance of the evidence establishes 1 or more of the following:
(a) That the employer, or employee, knew the information disclosed was false or misleading.
(b) That the employer, or employee, disclosed the information with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state or federal statute.
(4) The board or governing body of a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall not hire an applicant who does not sign the statement described in subsection (1).
(5) Information received under this section shall be used by a school district, local act school district, public school academy, intermediate school district, or nonpublic school only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, but is not subject to the penalties under section 1804.
(6) The board or an official of a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about unprofessional conduct of an employee or former employee or of expunging information about that unprofessional conduct from personnel records. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable. This subsection does not restrict the expungement from a personnel file of information about alleged unprofessional conduct that has not been substantiated.
(7) This section does not prevent a school district, local act school district, public school academy, intermediate school district, or nonpublic school from requesting or requiring an applicant for employment to provide information other than that described in this section.
(8) As used in this section:
(a) "Personnel record" means that term as defined in section 1 of Act No. 397 of the Public Acts of 1978, being section 423.501 of the Michigan Compiled Laws.
(b) "Unprofessional conduct" means 1 or more acts of misconduct; 1 or more acts of immorality, moral turpitude, or inappropriate behavior involving a minor; or commission of a crime involving a minor. A criminal conviction is not an essential element of determining whether or not a particular act constitutes unprofessional conduct.
History: Add. 1996, Act 189, Imd. Eff. May 8, 1996
PopularName Notes:
Act 451
Notes of Decisions
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
· cites it 101× “Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
Mino v. Clio Sch. Dist., 661 N.W.2d 586 (Mich. Ct. App. 2003).
· cites it 10× “1230b provides, in relevant part: (6) The board or an official of a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall not enter into a collective bargaining agreement, individual employment contract,…”
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016).
· cites it 2× “452(b) (denying a presumption of actions in good faith to employers who disclose employee information “with a reckless disregard for the truth”); MCL 380.1230b (same quoted language as MCL 423.”
Hecht v. Nat'l Heritage Academies, Inc, 868 N.W.2d 910 (Mich. 2015).
“Ct 1817 ; 36 L Ed 2d 668 (1973), was not applicable and that there was sufficient circumstantial evidence that the plaintiff was similarly situated to African-American employees who had made race-based remarks in the past; and (3) when it held that the trial court did not abuse…”
John Stanton v. Anchor Bay Sch. Dist. (Mich. Ct. App. 2020).
· cites it 6× “1230b provides: (3) Not later than 20 business days after receiving a request under subsection (2), an employer shall provide the information requested and make available to the requesting school district, local act school district, public school academy, intermediate school…”
Jacob Houser v. Tecumseh Pub. Schs. (Mich. Ct. App. 2015).
· cites it 10× “shall request the applicant for employment to sign a statement that does both of the following: (a) Authorizes the applicant’s current or former employer or employers to disclose to the school district .”
Craig Hecht v. Nat'l Heritage Academies Inc (Mich. Ct. App. 2014).
· cites it 3× “Defendant next contends that disclosures concerning plaintiff’s unprofessional conduct that it made in response to requests by prospective employers of plaintiff should not have been admitted into evidence.”
People of Michigan v. Nevin Hughes (Mich. 2016).
“452(b) (denying a presumption of actions in good faith to employers who disclose employee information “with a reckless disregard for the truth”); MCL 380.1230b (same quoted language as MCL 423.”
Joseph Hutchins v. Holly Area Schs. (Mich. Ct. App. 2018).
“” The settlement agreement also provided that when required by a request made pursuant to MCL 380.1230b, the district “shall disclose that unprofessional conduct occurred by use of excessive force .”
C Vincent Johnson v. Michigan Minority Purchasing Council (Mich. Ct. App. 2022).
“Rather, Defendants rely exclusively on a case (Miller-Davis1) addressing whether an indemnitee had, in fact, incurred the liability it attributed to the indemnitor; and a case (Hecht2) interpreting the admissibility of evidence in light of the statutory requirements of MCL…”
C Vincent Johnson v. Michigan Minority Purchasing Council (Mich. Ct. App. 2022).
“Rather, Defendants rely exclusively on a case (Miller-Davis1) addressing whether an indemnitee had, in fact, incurred the liability it attributed to the indemnitor; and a case (Hecht2) interpreting the admissibility of evidence in light of the statutory requirements of MCL…”
Craig Hecht v. Nat'l Heritage Academies Inc (Mich. 2015).
“t 1817 ; 36 L Ed 2d 668 (1973), was not applicable and that there was sufficient circumstantial evidence that the plaintiff was similarly situated to African-American employees who had made race- based remarks in the past; and (3) when it held that the trial court did not abuse…”
— Mich. Comp. Laws § 380.1230b(1)(a) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
— Mich. Comp. Laws § 380.1230b(1)(b) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
— Mich. Comp. Laws § 380.1230b(2) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
— Mich. Comp. Laws § 380.1230b(3) — 3 cases
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
John Stanton v. Anchor Bay Sch. Dist. (Mich. Ct. App. 2020).
“1230b provides: (3) Not later than 20 business days after receiving a request under subsection (2), an employer shall provide the information requested and make available to the requesting school district, local act school district, public school academy, intermediate school…”
Jacob Houser v. Tecumseh Pub. Schs. (Mich. Ct. App. 2015).
“shall request the applicant for employment to sign a statement that does both of the following: (a) Authorizes the applicant’s current or former employer or employers to disclose to the school district .”
— Mich. Comp. Laws § 380.1230b(3)(a) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
— Mich. Comp. Laws § 380.1230b(6) — 2 cases
Mino v. Clio Sch. Dist., 661 N.W.2d 586 (Mich. Ct. App. 2003).
“1230b provides, in relevant part: (6) The board or an official of a school district, local act school district, public school academy, intermediate school district, or nonpublic school shall not enter into a collective bargaining agreement, individual employment contract,…”
Jacob Houser v. Tecumseh Pub. Schs. (Mich. Ct. App. 2015).
“shall request the applicant for employment to sign a statement that does both of the following: (a) Authorizes the applicant’s current or former employer or employers to disclose to the school district .”
— Mich. Comp. Laws § 380.1230b(8)(b) — 2 cases
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
Jacob Houser v. Tecumseh Pub. Schs. (Mich. Ct. App. 2015).
“shall request the applicant for employment to sign a statement that does both of the following: (a) Authorizes the applicant’s current or former employer or employers to disclose to the school district .”
— Mich. Comp. Laws § 380.1230b(l)(a) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
— Mich. Comp. Laws § 380.1230b(l)(b) — 1 case
Hecht v. Nat'l Heritage Academies, Inc, 886 N.W.2d 135 (Mich. 2016).
“Before trial, defendant moved to preclude plaintiff from presenting evidence of the disclosures because the disclosures were required by MCL 380.1230b and a school employer that discloses information in good faith under the statute is immune from civil liability for the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.