I. PURPOSE
The purpose of this policy is to define the process for criminal background checks and identify who will be subject to criminal background checks when seeking employment or volunteering with Moorhead Area Public Schools.
II. GENERAL STATEMENT
A. The school district shall require that applicants for school district positions who receive an offer of employment and 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, submit to a criminal background check. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual's criminal history does not preclude the individual from employment with, or provision of services to, the school district. The school district may also elect to do criminal background checks of volunteers, independent contractors and student employees in the school district.
B. The school district specifically reserves any and all rights it may have to conduct criminal background checks regarding current employees, applicants, or service providers without the consent of such individuals.
C. 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, coaches, volunteers, independent contractors, and student employees.
III. REQUIREMENTS
A. Under normal circumstances, an applicant will not commence employment or provide services until the school district receives the results of the criminal background check. The school district may conditionally hire an applicant pending completion of the criminal background check, but shall notify the applicant that the applicant's employment may be terminated based on the result of the criminal background check. Background checks will be performed by the Minnesota Bureau of Criminal Apprehension (BCA). The BCA shall conduct the background check by retrieving criminal history data as defined in Minnesota Statutes section 13.87. The school district reserves the right to also have criminal history background checks conducted by other organizations or agencies.
B. An applicant who is offered employment must sign a Background Investigation Authorization Form, which provides permission for the school district to conduct a criminal background check, and provide payment to the school district, at the election of the school district for the cost of conducting the criminal background check. The cost of the criminal history background check is the responsibility of the individual, unless the school district decides to pay the costs for a volunteer, an independent contractor, or a student employee. If the applicant fails to provide the school district with a signed Background Investigation Authorization Form and fee at the time the applicant receives a job offer, the applicant will be considered to have voluntarily withdrawn the application for employment.
C. The school district, at its discretion, may elect not to request a criminal background check on an applicant who holds an initial entrance license issued by the Minnesota Professional Educator Licensing and Standards Board or the Minnesota Commissioner of Education within the 12 months preceding an offer of employment or permission to provide services.
D. The school district may use the results of a criminal background check conducted at the request of another school hiring authority if:
1. the results of the criminal background check are on file with the other school hiring authority or otherwise accessible;
2. the other school hiring authority conducted a criminal background check within the previous 12 months;
3. the applicant executes a written consent form giving the school district access to the results of the check; and
4. there is no reason to believe that the applicant has committed an act subsequent to the check that would disqualify the applicant for employment.
E. For all nonstate residents who are offered employment with the school district, the school district shall request a criminal background check on such applicants from the superintendent of the Minnesota Bureau of Criminal Apprehension (BCA) and from the government agency performing the same function in the resident state, or if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual’s criminal history does not preclude the individual from employment with, or provision of services to, the school district. Such applicants must provide a completed criminal history consent form.
F. When required, applicants must provide fingerprints to assist in a criminal background check. If the fingerprints provided by the applicant are unusable, the applicant will be required to submit another set of prints.
G. Copies of this policy shall be available in the school district's human resources department and will be distributed to applicants for employment upon request. The need to submit to a criminal background check may be included with the basic criteria for employment or provision of services in the position posting and position advertisements.
H. The applicant will be informed of the results of the criminal background check(s) to the extent required by law.
I. If the criminal background check precludes employment with the school district, the applicant will be so advised in writing.
J. The school district may apply these procedures to volunteers, independent contractors or student employees as though they were applicants for employment.
K. At the beginning of each school year or when a student enrolls, the school district will notify parents and guardians about this policy and identify those positions subject to a background check and the extent of the school district’s discretion in requiring a background check. The school district may include this notice in its student handbook, a school policy guide, or other similar communication. A notice for this purpose is included with this policy.
IV. CRIMINAL HISTORY CONSENT FORM
A form to obtain consent for a criminal background check is available in the human resources department.
Legal References:
Minn. Stat. 13.04, Subd. 4 (Rights of Subjects of Data)
Minn. Stat. 13.87, Subd. 1 (Criminal Justice Data)
Minn. Stat. 123B.03 (Background Check)
Minn. Stat. 299C.60-299C.64 (Minnesota Child, Elder, and Individuals with Disabilities Protection Background Check Act)
Minn. Stat. 364.09(b) (Exception for School Districts)
Cross References:
Moorhead School Board Policy 921: Student Teachers and Interns
Moorhead School Board Policy 721: Student Transportation Safety
MSBA/MASE Model Policy 404 (Employment Background Checks)