EMPLOYEES 

All persons, certificated and non-certificated, hired for the first time by this district, or who have been employed by this district for five years or less, shall undergo a criminal history check as required by Idaho Code Section 33-130.

All new employees will obtain the history check through the Idaho State Department of Education within three months of starting employment.  All individuals employed for five years or less will undergo a history check within three months of notification.  The district will be responsible for the cost of the criminal history check for permanent part-time and full-time employees only, which will include the following: 

1.                  Statewide criminal identification bureau; 

2.                  Federal Bureau of Investigation (FBI) criminal history check; 

3.                  National crime information center; and 

4.                  Statewide sex offender register. 

All substitute employees will be responsible for the cost of their criminal history checks.  A substitute teacher employed by this district will not be required to undergo additional criminal history checks if he or she has obtained a criminal history check within the previous three (3) years.  If this district elects to require another criminal history check within the three (3) year period, it will pay the cost or reimburse the teacher for such cost. 

A record of all background checks will be maintained by the Idaho State Department of Education in a data bank for all employees of this district, with a copy going to the employee.  The Department will share the results of each employee’s background check with the district. 

For the purposes of this policy, “employee” is defined as those individuals hired by this district and paid a salary or wages from which federal and state income taxes are withheld. 

If an employee has been convicted of a felony crime set forth below, such conviction will be grounds for immediate termination, dismissal, or other personnel action by this district.  This district will have the right to evaluate and determine whether an individual convicted of one of the crimes listed below, and having been incarcerated for that crime, will be hired. 

The felony crimes include, but are not limited to: 

1.                  The aggravated assault of a child, or the assault with intent to commit a serious felony against a child; 

2.                  The aggravated battery of a child, or the battery with intent to commit a serious felony against a child; 

3.                  The injury or death of a child; 

4.                  The sexual abuse of a child under sixteen (16) years of age;

5.                  The ritualized abuse of a child under eighteen (18) years of age; 

6.                  The sexual exploitation of a child; 

7.                  Possession of photographic representations of sexual conduct involving a child; 

8.                  Lewd conduct with a child under the age of sixteen (16); 

9.                  Sexual battery of a minor child sixteen (16) or seventeen (17) years of age; 

10.              The sale or barter of a child for adoption or other purposes; 

11.              The murder of a child, or the voluntary manslaughter of a child; 

12.              The kidnapping of a child; 

13.              The importation or exportation of a juvenile for immoral purposes; 

14.              The abduction of a person under eighteen (18) years of age for prostitution; 

15.              The rape of a child. 

VOLUNTEERS AND CONTRACTORS 

All volunteers will be required to submit proof of identification when applying to act as a volunteer.  All contractors will be required to provide a list of all employees of the contractor, and proof of identification of those individuals, who are reasonably anticipated to be on the school premises for the purpose of carrying out the terms of the contract.   

The superintendent or designee will review the State of Idaho sexual offender registry for the name and address of all persons who seek to volunteer or provide contract services to the district and who may have direct contact with students.  The review will occur at the time the individual initially applies as a volunteer or initially begins work as a contractor for the district.  The registry will be reviewed at least annually thereafter for volunteers or contractors who continue to be present on the school premises.  Those individuals who are on the sexual offender registry will not be allowed to volunteer and/or work as contractors, or employees of a contractor, for the district.   

The names of all individuals who are volunteers (such as student teachers, interns, parent volunteers, etc.), or contractors (such as bus drivers, service providers, referees, etc.) and who may have direct contact with students, will be placed on a register maintained by this district at the administration office.  In addition, if determined necessary by the superintendent or designee to ensure a safe environment for all students, any such volunteer or contractor may be required to undergo a criminal history check.  The district will pay for criminal history checks of volunteers; contractors will be required to pay for the criminal history check.  

♦ ♦ ♦ ♦ ♦ ♦ ♦

 

LEGAL REFERENCE:

Idaho Code Sections

33-130

33-512(15)

33-1202

33-1204

33-1208

18-905

18-907

18-909

18-911

18-1501

18-1506

18-1506A

18-1507

18-1507A

18-1508

18-1508A

18-1511

18-4003

18-4006(1)

18-4502

18-5610

18-6101

18-6108

18-8305

18-8323

18-8404