Policy 404 - Criminal Background Check

I. PURPOSE

The purpose of this policy is to maintain a safe and healthful environment in the School District in order to promote the physical, social, and psychological well being of its students, employees and the public. To that end, the school district will seek a criminal history background check for applicants who receive an offer of employment with the school district and on all individuals, except enrolled student volunteers, 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, or such other background checks as provided by this policy. The school district may also elect to do background checks of other volunteers, independent contractors, and student employees in the school district.

II. GENERAL STATEMENT OF POLICY

1. The School District shall require that applications for School District positions who receive an offer of employment and all individuals, except enrolled student volunteers, who are offered the opportunity to provide services to students of the School District, regardless of whether any compensation is paid, submit to a criminal history background check. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the School District that an applicant’s criminal history does not preclude the applicant from employment with, or provision of services to, the School District.
2. The School District specifically reserves any and all rights it may have to conduct background checks regarding current employees, applicants, or service providers without the consent of such individuals.
3. Adherence to this policy by the School District shall in no way limit the School District’s right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, and volunteers, service providers, independent contractors, and student employees.
4. The School District, at its discretion, may charge a fee to the applicant.

III. CONDITIONAL OFFER OF EMPLOYMENT

1. An offer of employment to a final candidate shall be conditioned upon a determination by the School Board that a candidate’s criminal history does not preclude the candidate from employment with the School District.
2. Determination of satisfactory employment status will be determined by the administration and a recommendation will be made to the School Board.
3. Final employment will be approved by the School Board.

IV. ADMINISTRATION OF THE PROGRAM

1. Criminal background checks will be administered by the Human Resource Department.
2. Criminal background checks will be conducted by a vendor approved by the School District and/or the Federal Bureau of Investigation (FBI).
3. If the criminal history background check precludes employment with, or provision of services to, the school district, the individual will be so advised.
4. The school district may apply these procedures to other volunteers, independent contractors, or student employees.

V. LIMITATION OF THE POLICY

Adherence to this policy shall not limit the School Board’s right to require and obtain additional information or to use other procedures in lieu of criminal background checks to obtain information relating to criminal activities of final candidates.

Legal References:

• Minn. Stat 123B.03 (Background Checks)
• Minn. Stat 299C.60 to 299C.64 (Minnesota Child Protection Background Check)
• Minn. Stat 364 (Criminal Offenders Rehabilitation Act)

Adopted: October 21, 2014
Reviewed: October 3, 2017
Reviewed: April 16, 2019
Revised: July 20, 2021