Policy 7140

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Application of Policy

A criminal history check will be conducted on all final candidates who will be recommended to the board of education for employment, including independent contractors who are being considered for performing the duties of a school personnel position.

Required Criminal History Check

The superintendent or designee is authorized to utilize local, state or national repositories of records as necessary to conduct a reasonable review.

The final candidates or contractors may be required to be fingerprinted and to provide any other information necessary to conduct the criminal history check. The criminal history check will be conducted at the district’s expense. Any applicant who refuses to consent, including independent contractors, will not be considered for a school personnel position.

Employment Decisions

Any offer of employment is conditional on a favorable review of the criminal history. All newly-hired employees in school personnel positions will be considered temporary pending the review of the criminal records check. If a final candidate or contractor has a criminal history, the employment decision will include written documentation of how the criminal history information was used, including a determination of whether the final candidate/independent contractor (1) poses a threat to the physical safety of students or personnel or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position.

A final candidate or contractor will not be denied a position based upon the criminal history check by the Justice Department without confirmation of the criminal history by certified copy of the conviction or other means permitted by State Board rules.

False information on an employment application or contract which is intended to defraud, falsify, materially misrepresent or conceal the truth regarding criminal history will be a basis for denying employment or immediate dismissal.

Maintenance of Records

Records obtained through criminal records checks will be maintained in a locked, secure place, separate from the individual’s application or personnel file. The records will be accessible only to the superintendent/designee(s) involved in reviewing the criminal history or other personnel who have obtained prior permission from the superintendent/designee.

Reporting Requirement

The superintendent will forward to the State Board, in accordance with State Board rules, the criminal history of any applicant who is licensed, certificated or certified by the State Board.

Legal References: G.S. 114-19.2(a), 115C-36, -332; 16 N.C.A.C. 6C.0313.

Cross References:

Adopted: July 9, 2007

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