8121 - PERSONAL BACKGROUND CHECKS, REFERENCES, AND MANDATORY REPORTING - CONTRACTED SERVICES

In accordance with School Board policy, the personal and volunteer history of each individual who is seriously being considered for a contracted position and each employee of an entity with which the School Corporation contracts for services who is likely to have direct, ongoing contact with children within the scope of the employee’s employment will be investigated thoroughly.

For each individual contractor and each employee of an entity with which the Corporation contracts for services who is likely to have direct, ongoing contact with children within the scope of the employee’s employment, a criminal history record check must be conducted. The Superintendent's Secretary will be responsible for ensuring that the individual completes Form 8121 F1.

The Superintendent's Secretary shall submit the individual's name, address, social security number, and date of birth to the Indiana State Place, 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 Corporation's investigation and/or criminal history check or the contracting entity’s investigation and/or criminal history check reveals that the individual 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 individual in the interim;

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

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

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

7. the extent that the position held (or services provided by) the individual 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 individual or reported through an investigation.

The final decision concerning the status of an individual contractor or employee of an entity with which the Corporation contracts for services (or possible termination of the contract if the information comes to light after a contract is signed) 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 or will require that the contracting entity conduct the following for its employee:

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

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

3. a search of the State child abuse registry

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

5. a detailed background history including all prior employment and volunteer positions

6. 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.

In accordance with policy, if a third party vendor is used to provide an expanded criminal history check, and the vendor offers more than one (1) type of expanded criminal history check, the Board will 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 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 individual contractor an employee of an entity with which the Corporation contracts for services:

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 a contractor or subcontractor reports to the Superintendent that one of its employees:

1. has been arrested or had criminal charges filed against the employee;

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 contractual relationship with the contractor or subcontractor whose employee was arrested or charged, convicted or the subject of a substantiated report of child abuse or neglect. It may be necessary to obtain the advice of local counsel regarding the Corporation’s options with respect to the contract in such instances if the contractor or subcontractor will not agree to remove that employee from school property.

Offenses Which Prohibit Contracted Service

In accordance with Board policy, the Superintendent will prohibit contracted service by any individual who has been 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 12/13/22

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