8475 - CRIMINAL BACKGROUND CHECK FOR NON-DISTRICT PERSONNEL  

Initial Background Check - Contracted Personnel 

All contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds, must meet Level II screening requirements as described in F.S. 1012.32, to determine whether the individual has been convicted of a crime of moral turpitude. Contractual personnel are to be held to the same standards as the District’s employees with regard to background screening. Contractual personnel shall include any vendor, individual or entity under contract with the Board. All contractual personnel who may be assigned to a District work site as described above shall be directed by the contractors and/or subcontractors to contact the Office of District and School Security to be fingerprinted. 

A Level II background check includes fingerprinting the individual and submitting the prints to the Florida Department of Law Enforcement (FDLE) to compare those records against the statewide criminal and juvenile records maintained by FDLE and Federal criminal records maintained through the Federal Bureau of Investigation (FBI). It may also include a local criminal records check through local law enforcement agencies. 

The District or the District's designated agent shall conduct the fingerprinting/screening using the code ORI (Originating Agency Identifier) issued to the District by FDLE. The following procedures shall be utilized during the process:  

1. The District shall inform contractual personnel that they are subject to criminal background checks. 
2. The District shall advise the contractual personnel that failure to be truthful on the application about any and all prior criminal history shall be grounds for denying access to District property and facilities. 
3. Prior to providing contractual services to the District, the contractual personnel shall file a complete set of fingerprints taken by a designated employee of the District or the District's designated agent. 
4. The fingerprints shall be processed by FDLE and the FBI. 
5. The District or the designated agent of the District and the contractual personnel and/or contractor shall determine payment procedures required for the costs of processing at the time the individual is fingerprinted. 

No contractual personnel shall be permitted to have access to school grounds when students are present, to have direct contact with students, or to have access to or control of school funds before the FDLE and FBI background checks are reviewed and the clearance/approval process has been completed. 

The District may condition the award of contractual services by requiring the prospective vendor to warrant that all employees coming onto school premises have been fingerprinted. In such event, the District's contract with the contractor shall provide that failure to comply with this requirement will constitute a material breach and subject the offending contractor to liquidated damages.  

Confidentiality 

Any employee provided access to criminal history records shall be cautioned as to the confidentiality of the information contained in the records and shall not discuss such information other than with those legally permitted access to such records. The District may only share the background screening results and details of the record with the individual that is being screened, or with his/her attorney of record. An exception to the confidentiality of these records may be made for the purpose of sharing the information with another school district pursuant to the procedures described below. 

The results of the criminal history check shall not be released to the individual's employer or contractor. 

Contractual Personnel Convicted of Serious Offenses 

Contractual personnel, or personnel employed by subcontractors, who have been convicted of serious offenses shall not be permitted to provide contractual services to the District. As used in this section, the term conviction is defined as a finding of guilt, a plea of guilty, a plea of Nolo Contendere, or a verdict of guilty. The withholding of adjudication or an entry of an order sealing or expunging the record, requiring a pre-trail intervention, or pre-trial diversion shall not be considered an exception to this section. 

For the purposes of this section, serious offenses shall include the following:  

1. Inappropriate sexual conduct including, but not limited to, solicitation of prostitution, sexual battery, sexual relations with a minor, possession or sale of pornography, or obscene literature involving minors.
2. Sale of a controlled substance.
3. Convicted of certain felonies.
4. Possession of a gun or weapon on District property or use of a weapon in the commission of a violent crime.
5. Knowingly falsifying or altering employment applications, paperwork, District forms, or other documents or certificates.

Review by the Office of District and School Security 

When the fingerprint or background checks are returned, the Office of District and School Security shall review the reports received. In the event that a background check identifies a potential problem, the Director of District and School Security shall make a determination regarding the contractual personnel's suitability for providing contractual services to the District. 

Contractor/Vendor Right to Challenge Accuracy of Screening Results 

Contractual personnel who have been denied access to District property and facilities because of their criminal record shall receive notification via telephone or e-mail of the denial. Upon request, the individual is entitled to receive a copy of the relevant information for the purposes of challenge and correction. An individual seeking to dispute the accuracy of the results of a criminal history record should contact the FDLE Quality Control Section (850-410-7898), if the concern is with the Florida record. If the concern is with out-of-state record, the contact should be with the FBI (304-625-2000). 

Identification 

The District shall issue a picture ID to all contractual personnel who have passed the Level II screening also known as a JLA (Jessica Lunsford) badge. The JLA badge must be visibly worn by contractual personnel at all times. 

Sharing Information with Other School Districts 

The District may share background screening results with other school districts. Such persons may include:  

1. vendors, including soda/milk/snack vendors under contract with the District; 
2. sports officials; 
3. construction contractors and subcontractors; 
4. senior ring, photography, or yearbook vendors.

The District shall utilize the FSSR (Florida Shared Schools Results) to verify or review criminal history and other relevant information. This information will be used to approve or deny applicants fingerprinted outside of Brevard County. 

Maintenance of Records 

After receiving the initial background check results from FDLE, the District will thereafter be electronically notified by FDLE, in writing, of any new arrests.  

The prints of contractual personnel who terminate service to the District will have their fingerprints removed. If these individuals re-apply, they will have to be fingerprinted as if a new hire. 

Background Check Requirements for Non-Contractual Personnel  

1. Volunteers - We encourage all individuals wishing to work with students to apply to be an approved volunteer. In order to apply to be an approved volunteer these individuals must complete an on-line volunteer application and undergo a Level II background screening. The application will be completed electronically at any District location or remotely from the BPS website. The cost of the screening is paid for by the individual.
   
   Examples of approved volunteer activities include:
    
   1. Chaperoning overnight field trips.
   2. Chaperoning field trips outside of the line of sight of a District employee.
   3. Mentoring.
   4. Transporting students in their personal vehicle (provided the vehicle is approved and the volunteer has met all requirements in Policy 8660)

All individuals must be in the District’s approved volunteer database before they may begin volunteering and show their picture ID when signing in at the schools’ site and will undergo a sexual predator check. Volunteers will always be under the supervision of a teacher or other staff member depending on the assignment.

2. College and Military Recruiters - College and military recruiters and recruiters working with the school guidance staff shall be signed in as visitors and must remain in the line of site of a BPS employee at all times while on site, or to eliminate the need for supervision, these individuals may undergo a Level II background screening through the Office of District and School Security. Those individuals that undergo a Level II background screening will be considered an approved volunteer. If the individual visiting the school is a college recruiter that has not undergone a Level II background screening, a school issued visitor ID badge must be visibly worn at all times while on site. A military ID is sufficient for military recruiters that have not undergone a Level II background screening.
3. Delivery Persons - Delivery persons in commercial vehicles may bring items to the front office or food service areas of a school site. At no time shall these individuals be permitted unescorted access to student areas. Individuals, who have unescorted access to school sites when students are present, must have a Level II screening. Delivery persons will immediately report to the school or site office or proceed to the reception area or loading area. The delivery person will be met by BPS personnel and line of sight maintained. BPS personnel will relay to the front office of any delivery person(s) on-site.
4. Inter-Agency Agreements - Groups covered by inter-agency agreements shall be required to undergo a Level II background screening and all volunteers coming to us under inter-agency agreements must be an approved volunteer.
5. Non-District Students: Interns/Practicum Students, Observers - Any non-district student from any program who has direct contact and/or instructional experiences with students shall be required to undergo a Level II background screening and must be an approved volunteer. The individual must complete an online application. The application may be completed electronically at any District location or remotely from the BPS website.
   
   Non-District students who are strictly observing in a classroom without active involvement may check in as a visitor and must be escorted and supervised at all times while on campus. Any deviation from these procedures shall require the student observer to undergo a Level II background screening.
6. Mentors - A mentor is a volunteer who commits to meet with a student at school during school hours on a regular basis during the school year. The mentor works with either one student at a time or in a small group situation. Mentoring must always occur in public areas on the school campus. Unless the volunteer is a current Brevard Public Schools student or a student at another elementary or secondary school within Brevard County, all volunteers classified as a Mentor must undergo a Level II background screening and must be an approved volunteer.
7. Referees and Sports Officials - Only officials sanctioned by the FHSAA may be used to officiate school sporting events. These individuals must undergo a Level II background screening pursuant to District policy. The cost of the screening is paid for by the individual. A clearance badge also known as a JLA (Jessica Lunsford) badge will be issued and must be visibly worn by contractual personnel at all times while on site. The District clearance badge (JLA badge) and picture ID must be presented to the home school athletic director.
8. Tutors - Tutors must undergo a Level II background screening pursuant to District policy.
9. University Supervisors and Faculty - Faculty and staff who are teaching or testing students or conducting other research activities with students shall be required to undergo Level II screening. An inter-agency agreement with universities and colleges may list cleared individuals.
10. Utility Workers - Meter readers and utility repair persons must carry a picture ID and may enter the property with notice to the site administrator and shall be supervised at all times while on campus.
11. Visitors - A visitor is an individual that comes on campus for personal reasons and is not providing any service for the classroom or the School District as a whole. Visitors must sign in and undergo a sexual predator check, receive a visitor's badge and be accompanied to the appropriate location by a staff member or the principal’s designee. Visitors will not be left alone with students and are to be supervised by a staff member at all times while on campus. Examples of visitor activities include:
     
    1. Attending a play or awards ceremony.
    2. Meeting with teachers/guidance counselors/administrators including delivering baked goods to a classroom.

Appeals

A person that has been denied approval to volunteer by the Office of District Security can appeal one time under AP 8475.  Refer to AP 8475 for additional details of the appeal process and Volunteer Qualification Guidelines. 

Revised 4/22/08
Revised 4/28/09
Revised 4/27/10 
Revised 8/24/21 
Reviewed 3/12/24

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