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GCF/GDF
The superintendent, or his/her designee,
shall conduct an investigation into the past employment history, and other
applicable background, of any person considered for employment with the
district. This investigation shall be
completed prior to making an offer of employment.
The superintendent shall develop a
background investigation protocol for use in completing a background
investigation, and shall keep a written record of all background investigations
that have been done.
As part of the application process, each
applicant for a position shall be asked whether he/she has ever been convicted
of a crime and whether there are any criminal charges pending against him/her
at the time of application. The
falsification or omission of any information on a job application or in a job
interview, including, but not limited to information concerning criminal
convictions or pending criminal charges, shall be grounds for disqualification
from consideration for employment or immediate discharge from employment.
Criminal Records Check
Each person considered for employment by the
board must submit to a state and FBI criminal records check. Beginning July 1, 2000, pursuant to
All fees and costs associated with the
fingerprinting process, and/or the submission or processing of the requests for
criminal records checks, shall be paid by the applicant, except as provided in
the addendum to this policy.
Conditional Employment
Persons who have been selected for
employment may be hired on a conditional basis, pending a successful completion
of the state and FBI criminal records check, but no selected applicant for
employment shall be extended a conditional offer of employment until the
superintendent, or his/her designee, has initiated the formal state and FBI
criminal records check process, and has completed a background
investigation.
Any person, who is offered conditional
employment, by way of individual contract or other type of letter of
employment, will have clearly stated on such contract or letter of employment
that his/her contract and continuation of employment is entirely conditioned
upon the completion of a criminal records check, which is satisfactory to the
district.
All persons employed under a conditional
offer of employment may be covered under the district's health insurance
program, at the sole discretion of the board.
However, any such coverage will immediately cease, and will not be
subject to extension under COBRA, if the board does not tender the person a
final offer of employment by reason of application of this policy.
FINAL OFFER OF EMPLOYMENT
A person who has been extended a conditional
offer of employment may be extended a final offer of employment upon the
completion of a criminal records history check, which is satisfactory to the
board.
When the district receives a criminal
records check on a particular person that it finds unsatisfactory, the
superintendent shall promptly terminate said person's conditional
employment.
Additionally, a person may be denied a final
offer of employment if the superintendent becomes aware of other conduct that
he or she determines would render the person unsuitable to perform the
responsibilities of the position involved.
Such determinations shall be made on a case-by-case basis.
ADDITIONAL CRIMINAL RECORDS CHECKS
Volunteers who serve on an on-going basis,
who have regular contact with students, or who have duties involving one-to-one
contact with students, including, but not limited to volunteer coaches, shall
be screened through the district's regular background checking process and
shall be required to obtain approval or other certification from the State
Department of Education similar to those employed in the position for which
they are volunteering. Criminal records
checks shall be at district expense for persons who volunteer and are not
otherwise paid by the district. It is
school district policy that volunteers only function under direct supervision
of a school employee.
The board may conduct a criminal records
check of any employee at any time.
Criminal records checks of current employees, for other than renewal of
certification, authorization, or approval purposes, shall be at district
expense.
Addendum to
BACKGROUND INVESTIGATION AND CRIMINAL
RECORDS CHECK
In light of new legislation requiring the
Fingerprinting and FBI Criminal Records Check of all personnel employed in
Maine public schools (20-A M.R.S.A. § 6103), the board agrees to cover
fingerprinting fees and the expense of the FBI criminal records check for
current school employees as follows:
Current School Employees
The board will pay the one-time
fingerprinting fee and cost of initial criminal records check for each
individual currently employed by the board.
Such fee will be paid once per individual and will be paid directly to
the state, or its designee, processing the fingerprinting. Any employee who is not fingerprinted while
the state police are on site for fingerprinting purposes, will be reimbursed for
the cost of fingerprinting and criminal records check processing upon
submission of a written request and receipt of a copy of their renewed or newly
issued teaching certificate, educational technical authorization, or
approval.
Adult Education Staff – The board shall require that all Adult
Education staff obtain state approval for employment in a public school, unless
otherwise certified or authorized by the Maine Department of Education. The board will pay the one-time
fingerprinting fee and cost of initial criminal records check, in accordance
with the policy for other current school employees.
Substitute & Volunteer Positions – The board shall pay for a on-time
fingerprinting and cost of initial criminal records check for all current
substitute employees who have served twenty (20) days or more subsequent to the
effective date of this policy and who are not otherwise covered by the above or
other school district policy.
The board shall pay for a one-time
fingerprinting fee and cost of initial criminal records check for all school volunteers,
including coaching positions, for whom the board requires state approval, and
who are not otherwise covered by the above or other school district
policy.
It is the intent of the Augusta Board of
Education to cover once for each employee the one-time fingerprinting fee and
the initial cost of criminal records check processing. Any employee, applicant, or volunteer who is
otherwise reimbursed for the cost of such fingerprinting/records check
processing, by this or other employer policy, shall forfeit all claims for
reimbursement from the Augusta School Department.
In the event that the state should reimburse
individual school employees for the cost of fingerprinting and/or criminal
records check processing, such individual shall, in turn, reimburse the school
department for any costs paid on their behalf.
New Hires/Applicants – Each new person considered for employment
by the board will be responsible to pay all fees and costs associated with
obtaining the required state certification, authorization, or approval,
including all costs associated with the fingerprinting process and/or the
submission or processing of the requests for a criminal records check. However, the board will reimburse any person
extended a final offer of employment, upon issuance of an employment contract
or other final offer and acceptance of employment for costs of
fingerprinting/criminal records checks incurred for employment with the City of
Augusta, Department of Public Schools.
The board will reimburse new substitute employees, upon written request,
after the 20th day of substitute service, for the cost of fingerprinting and
initial criminal record check processing fee incurred for employment with the
City of Augusta, Department of Public Schools.
Adopted:
December 8, 1999
Revised: October 12, 2005
City of Augusta
Department of Public
Schools