Cut Bank School District

5122

PERSONNEL

 

Fingerprints and Criminal Background Investigations

 

It is the policy of the Board that any finalist recommended for hire to a paid or volunteer position with the District involving regular unsupervised access to students in schools, as determined by the Superintendent, shall submit to a name-based and fingerprint criminal background investigation conducted by the appropriate law enforcement agency prior to consideration of the recommendation for employment or appointment by the Board. The results of the name-based check shall be presented to the Board concurrent with the recommendation for employment or appointment. Any subsequent offer of employment or appointment shall be contingent upon results of the fingerprint criminal background check, which must be acceptable to the Board in its sole discretion.

 

The following applicants for employment, as a condition for employment, shall be required as a condition of any offer of employment to authorize, in writing, a name-based and fingerprint criminal background investigation to determine if he or she has been convicted of certain criminal or drug offenses:

 

* a certified teacher seeking full- or part-time employment within the District;

* an educational support personnel employee seeking full- or part-time employment within the District;

* an employee of a person or firm holding a contract with the District if the employee is assigned to the District;

* a volunteer assigned within the District who has REGULAR unsupervised access to students.

 

Any requirement of an applicant to submit to a fingerprint background check shall be in compliance with the Volunteers for Children Act of 1998 and applicable federal regulations. If an applicant has any prior record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other than a minor traffic violation, the facts must be reviewed by the Superintendent, who shall decide whether the applicant shall be declared eligible for appointment or employment. Arrests resolved without conviction shall not be considered in the hiring process unless the charges are pending.

 

Legal Reference: 44-5-301, MCA Dissemination of public criminal justice information

44-5-302, MCA Dissemination of criminal history record information that is not public criminal justice information

44-5-303, MCA Dissemination of confidential criminal justice information

Public Law 105-251, Volunteers for Children Act

 

Policy History:

Adopted on:

Revised on: