404      EMPLOYMENT BACKGROUND CHECKS

I.          PURPOSE

The purpose of this policy is to maintain a safe and healthful environment in the school district in order to promote the physical, social, and psychological well-being of its students. To that end, the school district will seek a criminal history background check for applicants who receive an offer of employment with the school district or such other background checks as provided by this policy.  The school district may also elect to do background checks of volunteers, independent contractors and student employees in the school district.

II.        GENERAL STATEMENT OF POLICY

            A.        The school district shall require that applicants for school district positions who receive an offer of employment submit to a criminal history background check.  The offer of employment shall be conditioned upon a determination by the school district that an applicant’s criminal history does not preclude the applicant from employment with the school district.

            B.         The school district specifically reserves any and all rights it may have to conduct background checks regarding current employees or applicants without the consent of such individuals.

            C.        Adherence to this policy by the school district shall in no way limit the school district’s right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, volunteers, independent contractors and student employees.

III.       PROCEDURES

            A.        Normally an applicant will not commence employment until the school district receives the results of the criminal history background check.  The school district may conditionally hire an applicant pending completion of the background check, but shall notify the applicant that the applicant’s employment may be terminated based on the result of the background check.  Background checks will be performed by the Minnesota Bureau of Criminal Apprehension (hereinafter “the BCA”).  The school district reserves the right to also have criminal history background checks conducted by other organizations or agencies.

            B.         An applicant who is offered employment must sign a criminal history consent form, which provides permission for the school district to conduct a criminal history background check, and provide a money order or check payable to either the BCA or to the school district, at the election of the school district, in an amount equal to the actual cost to the BCA and the school district of conducting the criminal history background check.  If the applicant fails to provide the school district with a signed Informed Consent Form and fee at the time the applicant receives a job offer, the applicant will be considered to have voluntarily withdrawn the application for employment.

C.        The school district, in its discretion, may elect not to request a criminal history background check on an applicant who holds an initial entrance license issued by the state board of teaching or the state board of education within the 12 months preceding an offer of employment.

D.        The school district may use the results of a criminal background check conducted at the request of another school hiring authority if:

1.         the results of the criminal background check are on file with the other school hiring authority or otherwise accessible;

2.         the other school hiring authority conducted a criminal background check within the previous 12 months;

3.         the applicant executes a written consent form giving the school district access to the results of the check; and

4.         there is no reason to believe that the applicant has committed an act subsequent to the check that would disqualify the applicant for employment.

E.         For all nonstate residents who are offered employment with the school district, the school district shall request a criminal history background check on such applicants from the superintendent of the BCA and from the government agency performing the same function in the resident state, or if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation.  Such applicants must provide an executed criminal history consent form.

            F.         When required, applicants must provide fingerprints to assist in a criminal history background check.  If the fingerprints provided by the applicant are unusable, the applicant will be required to submit another set of prints.

            G.        Copies of this policy shall be available in the school district’s employment office and will be distributed to applicants for employment upon request.  The need to submit to a criminal history background check may be included with the basic criteria for employment in the job posting and job advertisements.

            H.        The applicant will be informed of the results of the criminal background check(s) to the extent required by law.

            I.          If the criminal history background check precludes employment with the school district, the applicant will be so advised.

            J.          The school district may apply these procedures to volunteers, independent contractors or student employees as though they were applicants for employment.

IV.       CRIMINAL HISTORY CONSENT FORM

A form to obtain consent for a criminal history background check is included with this policy.

Legal References:      Minn. Stat. § 13.04, Subd. 4 (Inaccurate or Incomplete Data)

Minn. Stat. § 123B.03 (Background Checks)

Minn. Stat. §§ 299C.60-299C.64 (Minnesota Child Protection Background Check Act)

                                    Minn. Stat. § 364.09(b) (Exception for School Districts)

Cross References:      

First Reading:  6/28/05           

Second Reading:           7/19/05           

                                                                                                Adopted:          7/19/05           

Sample Informed Consent Form

Sample 123B.03 Informed Consent

Your School District Name and Number

Street Address

City, State, and Zip Code

Telephone Number

                                                                                                            Date:___________________

The following named individual has made application with this School District for employment.

Full Name of Applicant:__________________________________________________________

 (please print)                                       Last                              First                             Middle

Maiden, Previous, Alias:__________________________________________________________

Date of Birth:_________________________                    Sex (M or F): ________

                                 Month/Day/Year

I authorize the Minnesota Bureau of Criminal Apprehension to disclose all criminal history record information to ____________________________________________________________

pursuant to Minn. Stat. § 123B.03 for the purpose of employment as_______________________

_________________________________________ with this school district.

CONDITIONAL HIRING:  I understand that the School District may permit me to commence my employment duties pending completion of the criminal history background check and acknowledge and agree that I may be terminated based on the result of the background check.

The expiration of this authorization shall be for a period no longer than one year from the date of my signature.

________________________________        __________________

Signature of Applicant                           Date