3121.01 - CRIMINAL BACKGROUND AND EMPLOYMENT HISTORY CHECKS
The safety of its students is of paramount importance to the District. Consistent with this concern for student safety, and in compliance with Florida law, the District requires that, prior to initial employment, or re-employment, if there has been any break in service, all candidates for all positions shall be subject to a criminal background check to determine eligibility for employment.
The Board is required by the State of Florida to utilize the Care Provider Background Screening Clearinghouse. Background screenings, including all fingerprint requirements, shall be conducted in accordance with F.S. 435.12 and F.S. 1012.32. These criminal history background checks are a Level II background check in accordance with F.S. 402.32(15) and F.S. 402.305.
Fingerprints of applicants for employment or re-employment shall be submitted to the Florida Department of Law Enforcement (FDLE) for statewide criminal and juvenile records checks and to the Federal Bureau of Investigation (FBI) for nationwide criminal records checks.
The application for employment shall inform the applicant that they are subject to criminal background and employment history checks. The Brevard County School Board employment application will contain the Employment Qualification Guidelines. Any failure by the applicant to accurately disclose criminal arrest history shall automatically disqualify the applicant from being considered for employment for a period of one (1) calendar year from the date of background screening.
The cost of the background screening related to initial employment or re-employment after a break in service and subsequent resubmissions, regardless of a break in service or currently employed, will be borne by the applicant or employee and shall be payable at the point of submission.
The Board is a registered employer with the Care Provider Background Screening Clearinghouse. Background screenings, including all fingerprint requirements, shall be conducted in accordance with F.S. 435.12 and F.S. 1012.32. Criminal history checks through the Care Provider Background Screening will be conducted before referring an employee or potential employee or a person with a current or potential affiliation with the District for electronic fingerprint submission to the Florida Department of Law Enforcement. For purposes of this policy, "affiliation" means the status of a person employed or serving as a volunteer or contractor, or seeking to be employed or to serve as a volunteer or contractor, with the District in a position for which screening is not required by law but is authorized under the National Child Protection Act.
If it is found that an individual who is employed does not meet the screening requirements, the individual shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeal.
A person who is found ineligible for employment under F.S. 1012.315, or otherwise found through background screening to have been convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, may not be employed, engaged to provide services, or serve in any position. For purposes of this policy, "convicted" means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in F.S. 943.0435.
Furthermore, before employing personnel in any position that requires direct contact with students, the Superintendent shall conduct employment history checks of each of the candidate's previous employer(s), review each affidavit of separation from previous employers pursuant to F.S. 1012.31, screen the candidate through use of the educator screening tools described in F.S. 1001.10(5), and document the findings. If unable to contact a previous employer, the Superintendent shall document efforts to contact the employer (F.S. 1012.27(6)). Background screenings for these candidates must also comply with the requirements of F.S. 1012.465 or F.S. 1012.56 (whichever is applicable).
Re-employment applicants whose fingerprints have not been retained by the District and stored in the FDLE database must be re-fingerprinted and re-screened upon re-employment or re-engagement in order to comply with Florida law.
The fingerprints of all staff members who are employed by the District and have no break in service must be re-submitted to the FDLE and to the FBI every five (5) years so that subsequent statewide criminal and juvenile records checks and Federal criminal records checks can be completed as required by law. The cost of this re-submission and subsequent background screening will be borne by the Board.
The information contained in reports received from the FDLE and the FBI is confidential. Pursuant to State law, the District will, however, share information received as the result of the criminal background check with other school districts.
If information received as a result of the criminal history records check indicates that a staff member that requires direct contact with students has been convicted of certain crimes enumerated by law, the Superintendent or his/her designee shall report this information to the Florida Department of Education per Policy 8141 - Mandatory Reporting of Misconduct by Certificated Employees.
Pursuant to State law, all staff members employed by the District must self-report arrests for serious offenses /charges involving the abuse of a child or the sale and/or possession of a controlled substance within forty-eight (48) hours to the District Labor Relations Office. (See Rule 6A-10.081(13), Florida Administrative Code).
The cost of this subsequent background screening will be borne by the employee.
Current employees will be rescreened through the Care Provider Background Screening Clearinghouse in accordance with the following schedule:
- Employees for whom the last screening was conducted on or before June 30, 2021, must be rescreened by June 30, 2025;
- Employees for whom the last screen was conducted between July 1, 2021, and June 30, 2022, must be rescreened by June 30, 2026; and,
- Employees for whom the last screening was conducted between July 1, 2022, and December 31, 2023, must be screened by June 30, 2027
Changes to Initial Status - Care Provider Background Screening Clearinghouse
Before April 7, 2025, initial status and any changes in status must be reported within ten (10) business days after a person receives his or her initial status or after a change in the person’s status has been made.
Effective April 7, 2025, initial status and any changes in status must be reported within five (5) business days after a person receives his or her initial status or after a change in the person’s status has been made.
Revised 9/27/05
Revised 4/10/07
Revised 4/28/09
Revised 10/28/14
Revised 2/8/22
Revised 10/15/24
Revised 10/28/25
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