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FILE:  GBEBC
CRITICAL

 

CRIMINAL BACKGROUND CHECKS

 


The St. Charles R-VI School District is committed to providing a safe environment for students to learn. As part of this effort, in accordance with this policy, the district will require criminal background checks of employees as well as certain volunteers and others working on school grounds. 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 history database and sexual offender registry; the Family Care Safety Registry (FCSR) or the central registry of child abuse and neglect of the Children's Division (CD) of the Department of Social Services; Missouri Case.net; and other databases required 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 criminal background checks in accordance with law on all new employees authorized to have contact with students prior to the employees working with students; however, the district may forgo a criminal background check when:

 

1.         A teacher is employed to work on a part-time or substitute basis within one year of having retired from the St. Charles R-VI School District.

 

2.         An employee or potential employee has had a background check conducted by another Missouri public school within the past year and the district receives a copy of the background check directly from the other district. If the district requires a new background check, it will be at the district's expense.

 

3.         An employee or potential employee has successfully completed a criminal background check, including a check of the FCSR, as part of the professional license application process within one year prior to employment.


Any continuing 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 the district employs.


If the district contracts for student transportation services, the contract will require the transportation company to conduct background checks on the company's employees who will have contact with district students. The contract will require the company to exclude persons who have exhibited behavior that is violent or harmful to children or adults.


Volunteers


The district will conduct a complete fingerprint background check on all persons volunteering in positions where they will be left alone with a single child. If the volunteer is a sponsor, advisor or coach, he or she must satisfactorily complete the criminal background check required of employees. The superintendent or designee is directed to identify any additional volunteer positions in the district that will also 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. Once hired, employees may request that the district reimburse $15 of the costs of the criminal background check. When an applicant has had a background check conducted by another Missouri public school within the past year and the district receives a copy of the background check directly from the other district, the district will not require an additional background check as a condition of employment unless the district pays the cost, in accordance with law.


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 employee or volunteer to submit to additional criminal background checks at the district's expense or to rerun background checks at any time. The district will provide the Department of Elementary and Secondary Education (DESE) the relevant personnel information necessary to conduct postemployment background checks as allowed by law.


Any employee refusing to submit to a background check may be disciplined or terminated. The district may decline to utilize the services of volunteers 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 business days after the event.


Reporting Requirements


The district will report to 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 year of receiving the background check.


Consequences


The superintendent or designee is directed to exclude from employment or to take action to terminate individuals whose criminal background checks reveal that they have exhibited behavior that is violent or harmful to children or adults. Employees who fail to keep background checks confidential as required by law or this policy or who violate any portion of this policy or district procedure will be subject to disciplinary action up to and including termination.


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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:         10/12/2006

 

Revised:          04/12/2007; 07/09/2009; 08/12/2010; 06/14/2012; 12/12/2013

 

Cross Refs:     IICC, School Volunteers

 

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


St. Charles R-VI School District, St. Charles, Missouri

 

Link to Missouri Statutes

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