CRIMINAL BACKGROUND CHECKS

 

The Advance R-IV School District is committed to providing a safe environment for students to learn.  As part of this effort, the district will require criminal background checks of employees as well as certain volunteers and others working on school grounds in accordance with this policy.  The Board directs the superintendent or designee to develop procedures and practices consistent with this policy.

 

Definitions

 

Criminal Background Check - A search of the Federal Bureau of Investigation=s criminal history files, the Missouri Highway Patrol's criminal database and sexual offender registry, the central registry of child abuse and neglect of the Children's Division (CD) of the Department of Social Services, or other databases designated by law or by the district.

 

Driving Records - Traffic-related offenses contained in the Missouri Department of Revenue=s databases.

 

Employees

 

Generally, the district will conduct a criminal background check in accordance with law on all new employees before they have contact with any student; however, the district will forgo a criminal background check on any teacher hired on a part-time or substitute basis if the teacher is hired within one (1) year of having retired from the Advance R-IV School District.  The district may forgo a criminal background check on any employee or potential employee who has had a background check conducted by another Missouri public school within the past year if the district receives a copy of the background check directly from the other district.  Any offer of employment is contingent upon the satisfactory outcome of the criminal background check, when required by the district.  The district has the sole and absolute discretion to determine whether the outcome is satisfactory.

 

Drivers

 

The district will conduct a criminal background check on all bus drivers, regardless of when they were first hired.  The district may allow bus drivers to operate district transportation pending the results of the criminal background check.

 

If the district contracts for student transportation services, the contract will require that the transportation company that provides services for the district conduct criminal background checks and will allow the district access to that information.

 


Volunteers

 

The district will conduct a criminal background check on all persons volunteering in positions where they will be left alone with a child.  The superintendent or designee is directed to identify the volunteer positions in the district that require a criminal background check.  The superintendent or designee must receive the results of the background check and officially approve the volunteer before he or she may begin service in the identified volunteer position.

 

Payment

 

All applicants for employment and volunteers are responsible for the cost of the criminal background check, but the district may later reimburse the person at the district's discretion.  The district will pay the expenses associated with conducting and renewing criminal background checks for current employees.  In cases where the district requires independent contractors to conduct criminal background checks, payment for the background checks will be determined by the contract.

 

Updating Information

 

The district reserves the right to require any person to submit to additional criminal background checks at the district's expense or to rerun background checks at any time.  The district will update all criminal background checks required under this policy at least every five (5) years if the person is still volunteering or working for the district or working on district property.  The district will update the driving records for all drivers of district transportation at least every six (6) months.  Any employee refusing to submit to a background check may be disciplined or terminated.  The district may decline to utilize the services of volunteers or contractors who refuse to participate.

 

District Notification

 

As a condition of continuing to work within the district, all employees and other persons required to submit to a criminal background check pursuant to this policy must notify the district if they are charged, convicted, plead guilty to or are otherwise found guilty of any misdemeanor or felony, regardless of the imposition of sentence.  This notification must be made as soon as possible, but no later than five (5) business days after the event.

 

Reporting Requirements

 

The district will report to the Department of Elementary and Secondary Education (DESE) when information is obtained that a certificated person has pled guilty or no contest to or been found guilty of a crime or offense, regardless of whether a sentence has been imposed, in this state, another state or another country that may put the person's certificate in jeopardy pursuant to Missouri law.

 


Confidentiality

 

Information received by the district pursuant to a criminal background check is confidential.  Except as allowed by law, the district will only use this information for the district=s internal purposes in determining the suitability of an applicant, employee, volunteer or other worker on district property.  The district will keep this information in a location that is only accessible to persons who need to know the information to carry out their responsibilities with the district.  Any person submitting to a criminal background check may receive a copy of the background check information received by the district.

 

Pursuant to state law and upon the written request of an employee or former employee, the district may transfer a criminal background check to another school district within one (1) year of receiving the background check.

 

Consequences

 

The superintendent or designee is directed to exclude any person from employment, or to take action to terminate employment, whose criminal background check reveals that they have exhibited behavior that is violent or harmful to children or adults.  Contracts with independent contractors will likewise address the suitability of workers on school grounds.

 

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Note:   The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted: 10/13/2005 

 

Revised: 7/14/2011    

 

Cross Refs:      IICC, School Volunteers

 

Legal Refs:      '' 43.540, 168.133, 576.050, RSMo.

 

Advance R-IV School District, Advance, Missouri