1521 - PERSONAL BACKGROUND CHECKS, REFERENCES, AND MANDATORY REPORTING

Background Checks of Candidates for Employment

In accordance with School Board policy, the personal and employment history of each candidate who is seriously being considered for employment as a regular or substitute member of the staff will be thoroughly investigated.

The Superintendent’s Secretary shall submit the candidate's name, address, social security number, and date of birth to the Indiana State Police and/or contracted service provider for a local, State, and National criminal history check, including an expanded criminal history check as defined by I.C. 20-26-2-1.5.

If the School Corporation's investigation and/or criminal history check reveals that a candidate has been involved in some unlawful behavior, such information should be examined in light of:

1. the nature of the unlawful behavior, e.g. was it a felony or a misdemeanor? Did it involve violence? Was it sex related? Was it child related? etc.;

2. did the behavior result in a conviction;

3. how recently the behavior occurred and the behavior of the candidate in the interim;

4. the relationship of the behavior to the duties the person would be assuming if hired;

5. the likelihood that the candidate would represent a potential threat of injury to or loss/damage to property;

6. the likelihood that the candidate would represent a potential threat of injury to or loss/damage to persons;

7. the extent that the staff position involves being an exemplar to students and the potential for the presentation of a negative exemplar;

8. the manner in which the information came to the Corporation's attention, i.e., offered by the candidate or reported through an investigation.

The final decision concerning the employment (or possible discharge if the information comes to light after employment) will be made by the Superintendent.

In addition to the criminal history check, the Superintendent/designee will conduct the following or contract with a private service provider to conduct the following:

1. an Indiana expanded child protection index check as defined by I.C. 20- 26-2-1.3

2. an expanded child protection index check in other states

3. a search of the national sex offender registry maintained by the United States Department of Justice

4. a search of the State child abuse registry

5. telephone inquiry with former employer(s)

6. explanations of any employment gaps to ensure the candidate has not omitted an employer where an offense occurred

7. verification of the applicant’s eligibility to work using the E-Verify database maintained by the Federal government as required by I.C. 12-32-1

8. an Indiana Bureau of Motor Vehicles driver history if the position involves driving

An "expanded child protection index check" means:

1. an inquiry with the Department of Child Services as to whether an individual has been the subject of a substantiated report of child abuse or neglect and is listed in the child protection index established under I.C. 31-33-26- 2;

2. an inquiry with the child welfare agency of each state in which the individual has resided since the individual became eighteen (18) years of age as to whether there are any substantiated reports that the individual has committed child abuse or neglect; and

3. for a certificated employee, an inquiry with the Department of Education or other entity that may issue a license to teach of each state in which the individual has resided since the individual became eighteen (18) years of age as to whether the individual has ever had a teaching license suspended or revoked.

Background Checks for Corporation Employees

The Board requires that an expanded criminal history check be conducted for each Corporation employee who is likely to have direct, ongoing contact with children within the scope of the employee’s employment every five (5) years.

The Superintendent shall require the Superintendent’s Secretary to maintain a record of all existing employees stating the school year in which the required expanded criminal history check was completed and when the next expanded criminal history check is due.

The Corporation shall pay the costs associated with conducting the expanded criminal history check for all employees, provided the exclusive representatives of the Corporation’s employees do not object.

Also, the Board requires that an expanded child protection index check be obtained for each Corporation employee every five (5) years. The Corporation shall pay the costs associated with obtaining the expanded child protection index check for employees. The Superintendent shall require the Superintendent’s Secretary to maintain a record of all existing employees stating the school year in which the required expanded child protection index check was completed and when the next expanded child protection index check is due.

Additionally, the Corporation may obtain an expanded criminal history check or an expanded child protection index check at any time if the Superintendent has reason to believe that an employee or a candidate for employment:

1. is the subject of a substantiated report of child abuse or neglect or

2. has been charged with or 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; or

3. has been charged with or 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 an administrator reports to the Superintendent that the administrator:

1. has been arrested or had criminal charges filed against him/her;

2. has been convicted of a crime; or

3. is the subject of a substantiated report of child abuse or neglect,

the Superintendent shall require the Director of School Safety to obtain a review of each reported arrest or charge, conviction or substantiated report of abuse or neglect and shall recommend appropriate action to the Board considering the risk to members of the school community presented by the continued employment of the administrator who was arrested or charged, convicted or the subject of a substantiated report of child abuse or neglect.

Offenses That Prohibit Employment

In accordance with Board policy, the Superintendent will prohibit the hiring of or require the termination of the employment of any individual who is convicted of an offense requiring license revocation per I.C. 20-28-5-8(c) or an offense listed in I.C. 20-26-5-11.2(b), unless the conviction has been reversed, vacated, or set aside on appeal.

Revised 12/12/17
Revised 12/11/18
Revised 12/13/22

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