8121 - PERSONAL BACKGROUND CHECK – CONTRACTED SERVICES
To protect students and staff members, the School Board requires an inquiry into the personal background of each contractor, subcontractor, and employee of a contractor or subcontractor who is likely to have direct, ongoing contact with children within the scope of their contracted service or employment.
The Superintendent shall establish the necessary procedures to provide that (1) individuals serving as contractors or subcontractors submit to a background check and (2) entities operating as contractors or subcontractors conduct an inquiry into the background information of their employees who are likely to have direct, ongoing contact with children, that shall include the following:
an expanded criminal history check as defined by I.C. 20-26-2-1.5
an Indiana expanded child protection index check as defined by I.C. 20-26-2-1.3
a search of the national sex offender registry maintained by the United States Department of Justice
beginning July 1, 2017, a search of the State child abuse registry
Eligibility
Each contractor and subcontractor shall require that their employees certify under penalty of perjury their eligibility to be employed by the contractor/subcontractor as a United States citizen or a qualified alien as a condition of any contract with the School Corporation.
Background Checks, Including Expanded Criminal History and Expanded Child Protection Index
The Board requires that an expanded criminal history check be conducted for each contractor or subcontractor who is likely to have direct, ongoing contact within the scope of their contract before or not later than thirty (30) days after the start of the contract. Likewise, the Board requires that each entity operating as a contractor or subcontractor conduct an expanded criminal history check for each employee who is likely to have direct, ongoing contact with children within the scope of their employment before or not later than thirty (30) days after the start of their employment.
If a third-party vendor is used to provide an expanded criminal history check, and the vendor offers more than one type of expanded criminal history check, the Board shall evaluate all available types of criminal history checks to select and employ the expanded criminal history check that would best protect the Corporation's students.
The Board requires that an Indiana expanded child protection index check be conducted for each contractor or subcontractor who is likely to have direct, ongoing contact with children within the scope of their contract before or not later than sixty (60) days after the start of the contract. Likewise, the Board requires that each entity operating as a contractor or subcontractor conduct an Indiana expanded child protection index check for each employee who is likely to have direct, ongoing contact with children within the scope of their employment before or not later than sixty (60) days after the start of their employment.
The Board shall not contract with an individual who has been convicted of an offense requiring license revocation per I.C. 20-28-5-8(c) unless the conviction has been reversed, vacated, or set aside on appeal. Likewise, the Board shall cease contracting with or terminate the contract of an individual who has been convicted of an offense requiring license revocation per I.C. 20-28-5-8(c) unless the conviction has been reversed, vacated, or set aside on appeal. If the contract is with an entity, no employee of that contractor who has been convicted of an offense requiring license revocation per I.C. 20-28-5-8(c) may provide services under the contract with the School Corporation unless the conviction has been reversed, vacated, or set aside on appeal.
The Board also shall not contract with an individual who has been convicted of an offense listed in I.C. 20-26-5-11.2(b), unless the conviction has been reversed, vacated, or set aside on appeal. Likewise, the Board shall terminate the contract of an individual who has been convicted of an offense listed in I.C. 20-26-5-11.2(b) unless the conviction has been reversed, vacated, or set aside on appeal. If the contract is with an entity, no employee of that contractor who has been convicted of an offense listed in I.C. 20-26-5-11.2(b) may provide services under the contract with the Corporation, unless the conviction has been reversed, vacated, or set aside on appeal.
The Board may refuse to contract with or terminate the contract of an individual who is the subject of a substantiated report of child abuse or neglect. If the contract is with an entity, the Corporation may refuse to contract with the entity or terminate the contract with the entity if it employs or contracts with an individual who is the subject of a substantiated report of child abuse or neglect.
Information and records obtained from inquiries under this policy are confidential and shall not be released except as necessary to implement this policy, defend a decision made pursuant to this policy, or comply with any mandatory State reporting requirements.
Mandatory Reporting
Each contractor and subcontractor providing services to the Corporation and each employee of a contractor or subcontractor providing services to the Corporation shall notify the Superintendent within two (2) business days of the:
- conviction of the contractor, subcontractor, or an employee of the contractor or subcontractor in Indiana or another jurisdiction for an offense listed in I.C. 20-28-5-8(c);
- conviction of the contractor, subcontractor, or an employee of the contractor or subcontractor in Indiana or another jurisdiction for an offense listed in I.C. 20-26-11.2(b) or I.C. 20-26-11.2(c); and
- substantiated report of child abuse or neglect of which the contractor, subcontractor, or employee of the contractor or subcontractor is the subject.
Each individual serving as a contractor or subcontractor who is likely to have direct, ongoing contact with children in the course of providing services to the Corporation shall be required to report the conviction of the contractor or subcontractor for a crime, and substantiated report of child abuse or neglect of which the contractor or subcontractor is the subject. Compliance with this requirement shall be verified by either:
- inclusion of the requirement as a material term of the contractor's or subcontractor's contract; or
- execution of a certificate of compliance with this policy which shall be maintained with the contract in the Corporation's files.
Each individual servicing as a contractor or subcontractor who is likely to have direct, ongoing contact with children in the course of providing services to the Corporation shall be required to report the conviction of the contractor or subcontractor for a crime, and substantiated report of child abuse or neglect of which the contractor or subcontractor is the subject. Compliance with this requirement shall be verified by either:
- inclusion of the requirement as a material term of the contractor's or subcontractor's contract; or
- execution of a certificate of compliance with this policy which shall be maintained with the contract in the Corporation's files.
Each contractor and subcontractor providing services to the Corporation shall screen all employees who are likely to have direct, ongoing contact with children in the course of providing services to the Corporation. Screening shall be required only one (1) time during the period of the current contract with the Corporation as long as the contractor has continuously screened new hires, required the same of its subcontractors, and required that these employees report the conviction of the employee in Indiana or another jurisdiction for an offense listed in I.C. 20-28-5-8(c), I.C. 20-26-11.2(b), or I.C. 20-26-11.2(c), and substantiated report of child abuse or neglect of which the employee is the subject. Compliance with this requirement shall be verified by either:
inclusion of the requirement as a material term of the contractor's or subcontractor's contract; or
execution of a certificate of compliance with this policy which shall be maintained with the contract in the Corporation's files.
Non-compliance with these requirements shall be a breach of a material term of any contract between a contractor/subcontractor and the Corporation.
The Corporation may obtain an expanded criminal history check or an expanded child protection index check at any time if the Corporation has reason to believe that the contractor, subcontractor, or employee of a contractor or subcontractor:
is the subject of a substantiated report of child abuse or neglect or
has been charged with or convicted of an offense requiring license revocation per I.C. 20-28-5-8(c); or
has been charged with or convicted of an offense listed in I.C. 20-26-5-11.2(b).
The Superintendent shall develop administrative guidelines to implement this policy. These procedures shall provide for the review of each reported criminal conviction of a contractor, subcontractor, or employee of a contractor or subcontractor in Indiana or another jurisdiction for an offense listed in I.C. 20-28-5-8(c), I.C. 20-26-11.2(b), or I.C. 20-26-11.2(c), and substantiated report of child abuse or neglect of which the contractor, subcontractor, or employee of a contractor or subcontractor is the subject and for a response to the reported information that protects members of the school community from persons who may be dangerous to them. Failure of a contractor or subcontractor to remove an employee from direct contact with students, upon request from the Superintendent, shall be considered to be a material breach of the contractor's or subcontractor's contract with the Corporation.
Revised 3/21/11
Revised 2/20/13
Revised 3/19/18
Revised 10/14/19
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