3121.01 - CRIMINAL HISTORY INFORMATION-APPLICANTS AND CONTRACTORS

To help ensure a safe environment and as required by state law, the New Albany Floyd County Consolidated School Corporation will obtain for each individual hired for employment that is likely to have direct, ongoing contact with children as a result of the individual’s position an expanded criminal history check and an expanded child protection index check.

The expanded criminal history check should be obtained by the Corporation prior to the individual beginning employment with the school corporation, and must be obtained no later than thirty (30) days after the individual’s employment begins.

The expanded child protection index check should be obtained by the Corporation prior to the individual beginning employment with the school corporation, and must be obtained no later than sixty (60) days after the individual’s employment begins.

The School Corporation is prohibited from hiring an individual who has been convicted of an offense which requires the revocation of a license under state law, unless the conviction has been reversed, vacated, or set aside on appeal.

School officials must communicate with all of the employment references and the most recent employer (if provided) of the applicant recommended for employment prior to the applicant being hired by the School Corporation.

Each individual hired may be questioned about the individual’s expanded criminal history check and the expanded child protection index check. Failure to answer honestly any questions related to the expanded criminal history check or the expanded child protection index check will be cause for not hiring the applicant.

Any volunteer who may have direct, ongoing contact with children when performing services for the school, will be required to submit to a Limited Criminal History Record Check. The procedures shall ensure that information and records obtained from criminal history inquiries under this policy are confidential and shall not be released except as necessary to implement this policy or to defend a decision made pursuant to this policy.

The Superintendent or his/her designee is to inform each volunteer that s/he:

1. Shall agree to abide by all Board policies and Corporation guidelines while on duty as a volunteer;
2. Will be covered under the Corporation's liability policy but the Corporation shall not provide any type of health insurance to cover illness or accident incurred while serving as a volunteer, nor is the volunteer eligible for worker's compensation;
3. Will be asked to sign a form releasing the Corporation of any obligation should the volunteer become ill or receive an injury as a result of his/her volunteer services;
4. Will be required to report any arrests, the filing of criminal charges against him/her, or convictions of a crime while serving as a volunteer;
5. Will be required to report any substantiated report of child abuse or neglect of which s/he is the subject.

The School Corporation is prohibited from contracting with or continuing to contract with an individual who has been convicted of an offense which requires the revocation of a license under state law, unless the conviction has been reversed, vacated or set aside on appeal.

Any entity which has a contract to provide services to the Corporation and whose employees have direct, ongoing contact with children when performing those services for the school, must provide to the Corporation limited criminal histories for such employees. The entity and/or the entity’s employees are responsible for all costs associated with obtaining the limited criminal histories. In the event that such a contractor obtains information that its employee who works at a particular school corporation or charter school has been convicted of an offense listed in I.C. 20-26-5-11(b), the entity shall immediately notify the school corporation or charter school of the employee's conviction. The superintendent or designee is responsible for implementing regulations to notify the individuals, including volunteers, and the entities for contracted services of this duty. An individual who is working for such an entity may also be required to provide the individual’s limited criminal history to the school corporation upon its request to do so or to provide consent to the school corporation for it to request a limited criminal history an expanded criminal history check and an expanded child protection index check of the individual. This provision also applies to an individual who has a contract to provide services to the Corporation.

Any information obtained from any criminal history check and an expanded child protection index check is confidential and shall not be released or disseminated.