400-404 Employee Background Checks
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 404
SERIES: 400 Employees/Personnel
SUBJECT: 404 Employee Background Checks
ADOPTED:
REVISED:
The school district shall require that applicants for school district positions who receive an offer of employment and all individuals who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, regardless of whether any compensation is paid, submit to a criminal history background check. The offer of employment shall be conditioned upon a determination by the school district that an applicant’s criminal history does not preclude the applicant from employment with the school district.
The school district specifically reserves any and all rights it may have to conduct background checks regarding current employees, applicants, volunteers, or service providers without the consent of such individuals.
Background checks will be performed by the Minnesota Bureau of Criminal Apprehension. The school district reserves the right to also have criminal history background checks conducted by other organizations or agencies.
The school district may conditionally hire an individual pending completion of the background check, but shall notify the individual that the individual’s employment may be terminated based on the result of the background check.
An individual who is offered employment or the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, regardless of whether any compensation is paid must sign a criminal history consent form which provides permission for the school district to conduct a criminal history background check and provide a money order, cashier’s check or personal check payable to the Bureau of Criminal Apprehension for the fee for conducting the criminal history background check. If the individual fails to provide the school district with a signed Informed Consent Form at the time the individual receives a job offer, the individual will be considered to have voluntarily withdrawn the application for employment.
When required, candidates must provide fingerprints to assist in a criminal history background check. If the fingerprints provided by the candidate are unusable, the candidate will be required to submit another set of prints.
The school district, in its discretion, may elect not to request a criminal history background check on an individual who holds an initial entrance license issued by the Minnesota State Board of Teaching or the Commissioner of Education within the 12 months preceding an offer of employment or permission to provide services.
The school district may use the results of a criminal background check conducted by the Minnesota Bureau of Criminal Apprehension at the request of another school hiring authority if:
- the results of the criminal background check are on file with the other school hiring authority or otherwise accessible;
- the other school hiring authority conducted a criminal background check within the previous 12 months;
- the individual executes a written consent form giving the school district access to the results of the check; and
- there is no reason to believe that the individual has committed an act subsequent to the check that would disqualify the individual for employment
- or provision of services.
Copies of this policy shall be available in the school district’s employment office and will be distributed to applicants for employment upon request.
The applicant will be informed of the results of the criminal background check(s) to the extent required by law.
If the criminal history background check precludes employment with the school district, the individual will be so advised.
The school district may apply these procedures to volunteers as though they were applicants of employment.
Legal References:
M.S. 13.04, Subd. 4 (Inaccurate or Incomplete Data)
M.S. 123B.03 (Background Checks)
M.S. 299C.60-299C.64 (Minnesota Child Protection Background Check Act)
M.S. 364.09(b) (Exception for School Districts)