Butte School District

THE BOARD OF TRUSTEES

5122

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 unsupervised access to students in schools, as determined by the Superintendent, shall submit to a 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 following applicants for employment, as a condition of employment, shall be required, as a condition of any offer of employment, to authorize, in writing, a fingerprint criminal background investigation: A certified teacher seeking full or part time employment within the District;

  • A non-certified or classified 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;
  • Substitute teachers.
 

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 in a manner consistent with the expectations and standards set by the board. 

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
§ 20-3-323, MCA       District Policy and Record of Arts
ARM 10.55.716         Substitute Teachers
Public Law 105-251  Volunteers for Children Act

 

Cross Reference:      

1000 Legal Status, Operation and Organization
1521 Board/Superintendent Relationship
5120 Hiring Process and Criteria
5120-P Hiring Process and Criteria - Federal Background Check, Fingerprint, and Information Handling Procedure
5120-F1 Hiring Process and Criteria - Determination Form
5120-F2 Hiring Process and Criteria - Privacy Act Statement
5120-F3 Hiring Process and Criteria - Determination Of Eligibility for Hire
5120-F4 Hiring Process and Criteria - Notice of Federal Background Check Determination
5120-F5 Hiring Process and Criteria - Dissemination Log
5120-F6 Hiring Process and Criteria - Re-dissemination of Criminal History to the Individual
5430 Volunteers
5430-F1 Volunteers - Volunteer Agreement Form
8300 Risk Management
8301 School Safety
 

Policy History:

Adopted on: 01/19/2010
Reviewed on: 11/18/24
Revised on:  09/18/17, 12/18/17, 11/15/2021, 10/20/25

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