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 regular 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.  Any subsequent offer of employment or appointment shall be contingent upon results of the fingerprint criminal background check.

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 to determine if he or she has been convicted of certain criminal or drug offenses:

• 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.  Arrests resolved without conviction shall not be considered in the hiring process unless the charges are pending.

Public Law 105-251  Volunteers for Children Act

Policy History: