401.1RFC- Security Check/Fingerprinting

401.1RFC- Security Check/Fingerprinting

Prior to hiring an applicant for a school employee position, the District shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant. 

The District shall implement consistent procedures for each school employee employed by the school district at least every five years after the school employee’s initial date of hire. employees currently licensed by the BOEE do not have to submit rechecks per the exemption in Code  272.2(17): BOEE rechecks for licensure are done for initial applicants and licensure renewal for teachers, substitute teachers (both licensed and authorized), administrators, school business officials, school administration managers, paraprofessionals and non-teaching coaches. These are the positions that are not required to be rechecked every five years at the district level, since they are subject to BOEE authorization under 272.2(17) for either initial licensure or renewal. Teachers on permanent professional license do not go through a renewal process so are not exempted via Chapter 272.2(17) and will be checked every five years.

The District shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. The District shall maintain documentation demonstrating compliance with this subsection.

Additionally, Iowa law requires all teachers who are new to your district who have taught elsewhere and do not have an initial or exchange license to have a background check prior to entering into an initial contract. 

To comply with this, the Superintendent or his/her designee must conduct background checks for employees who get an Iowa Code Sec. 279.13 (teaching) contract, through the Iowa Division of Criminal Investigation (DCI) in the Department of Public Safety. For all other school employees, the District will use a private vendor. There is no prohibition against also using a private vendor for a comprehensive background check on these newly hired teachers, in addition to the mandated DCI requirement.

In order to process such record checks, the following procedure will be followed:

  1. No later than ten calendar days after the Superintendent or his/her designee has notified job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or his/her designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be screened and/or fingerprinted as required.
  2. No later than ten calendar days after the Superintendent or his/her designee has provided the successful job applicant with the packet, the applicant must return the screening authorization forms and schedule to be fingerprinted with an authorized provider.  Failure of the applicant to have his/her fingerprints taken within such a ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.
  3. The District will pay all fees and costs associated with the screening and/or fingerprinting process and/or the submission or processing of the requests for criminal record checks.
  4. Upon receipt of a criminal record check indicating a previously undisclosed conviction, the Superintendent or his/her designee will notify the affected applicant/employee of the results of the record check and will provide an opportunity for the affected applicant/ employee to respond to the results of the criminal record check.
  5. Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.
  6. The District is prohibited from offering employment for any position involving direct student contact until the following has occurred:
    • the applicant has complied with the above disclosure requirements;
    • the District has verified with the Iowa Board of Educational Examiners (BOEE) about the applicant’s eligibility status for a position requiring a certificate, authorization, or permit; previous disciplinary action for a substantiated finding of abuse or neglect or sexual misconduct; and notice of a criminal conviction or pending criminal charges against the applicant.
    • A good faith effort to reach an applicant’s current and previous employers shall be made. A “good faith effort” is one requiring no more than three phone calls on three separate days.
    • The District may request additional information from an applicant’s current or former employers relating to any response the applicant listed on the standardized application form, to which the applicant must respond within five business days of receipt. Immunity is provided from criminal and civil liability to any employer who provides such information, as well as to the BOEE, as long as the information supplied is not knowingly false.
    • The information available to the Board from the BOEE about an applicant may include:
      • any information about the applicant’s eligibility for employment with such education employer in a position that requires a certificate, authorization, or permit;
      • whether the BOEE knows if the applicant was disciplined for a finding of abuse or neglect or sexual misconduct, and any information related to the finding; and
      • whether the BOEE has been notified that the applicant has been convicted of a crime or of pending criminal charges against the applicant and any information about such charges.
  7. Applicants for substitute teaching positions must also fulfill the disclosure requirements as listed above. The District will also request information from the applicant’s prior employers and the BOEE (in the same manner required for other applicants).
  8. Substitute teachers and other substitute employees, if they are continuously employed by the district, do not have to be re-screened after fulfilling the initial requirement until their current screen expires.
  9. The District shall maintain a list of individuals suitable to work as substitute teachers and substitute employees.. Only those on the list may be hired as substitutes. An individual remains on the list as long as (1) he or she is continuously employed by the District as a substitute and (2) District does not have any knowledge that would cause the person to be removed from the list.
  10. School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also submit to a criminal history check.
  11. Each applicant for a certified and/or non-certified position must submit to a records check of the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 before the applicant may be hired. The Superintendent or his/her designee shall request the required records check in accordance with the procedures as required.
  12. Each applicant for a certified and/or non-certified position must submit to a records check Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry
  13. Contractors that apply for positions involving direct student contact are required to perform the checks on their employees who would fill such positions. These checks are similar to the ones the District must perform on applicants.
    • A contractor’s employee must fulfill the three disclosure requirements that a regular, direct applicant for such a position must fulfill.
    • The contractor must contact any current or former employers that were education employers and request, by telephone or in writing, any information about whether there was a finding of abuse or neglect or sexual misconduct against the employee, and which the employer must report if there is one.
    • Should the contractor receive any information indicating such a finding or otherwise has knowledge of one, he or she must immediately forward, either by telephone or in writing, the information to the District.
    • The District must determine whether the employee may work in a position involving direct student contact at any of its schools.
    • It is not considered a breach of contract for the District to determine that the contractor’s employee is forbidden to work under any such contract in such a position.
  14. The District shall notify BOEE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct.
  15. The District is required to provide upon request, to any other education employer or to the BOEE, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of the Board or a contractor’s employee.
  16. The Board is prohibited from entering into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement, or any other agreement or take any action that results in any of the following outcomes:
    • has the effect of suppressing information about an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
    • affects the education employer’s ability to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
    • requires the district to expunge information about an allegation or finding of suspected abuse or neglect or sexual misconduct from any documents it maintains, unless after investigation the allegation is dismissed or found to be false.
  17. The District may employ or contract with an applicant for up to 90 days while awaiting the complete review of their application information, as long as the following has occurred:
    • the District has no information about the applicant that would disqualify him or her from employment, and
    • the applicant affirms that he or she is not disqualified from employment with the education employer.
  18. Applicants who knowingly provide false information or knowingly fail to disclose information that is statutorily required to the District is subject to discipline by the District. Such discipline may include denial of employment or termination of a certified employee’s contract.

Legal Reference:
Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121

Cross Reference:
401.1 Equal Opportunity Employment

Approved: 2-8-23
Reviewed: ____
Revised: ____
 

kheidemann@for… Thu, 02/09/2023 - 14:32