Policy 4332 – Criminal Background Checks

To ensure the safety and well-being of students and staff, a criminal background check shall be conducted for all persons recommended for employment with ËÄ»¢Ó°ÊÓ.

Likewise, all visitors will either complete a criminal background check or comply with all visitor management processes and procedures. ËÄ»¢Ó°ÊÓ requires all individuals who will be unsupervised and/or have little to no staff oversight while having direct access to students to complete a criminal background check. Examples include tutors, mentors, volunteers, chaperones and other non-ËÄ»¢Ó°ÊÓ staff who will be responsible for the safety and well-being of students. If an individual serving in this capacity can establish that they are subject to a criminal background check at least as extensive as ËÄ»¢Ó°ÊÓ’s, a waiver will be considered (e.g. police and fire personnel). The district requires all other visitors who will have staff-supervised access to students (e.g. guest speakers, parent helpers, etc.) during school hours to adhere to all current visitor management processes and procedures, including checking in at the front office. The principal, or the principal’s designee, has the discretion to approve any visitors to the school and to determine what conditions, if any, will apply to the visit.

Information from criminal background checks will not be used or considered in making employment or volunteerism decisions unless a past conviction or circumstance giving rise to a pending charge is substantially related to the circumstances of the particular job/position applied for.

Under the principle of federal supremacy and in accordance with the provisions of federal law requirements, all applicants recommended for employment with federally funded Head Start positions shall be required to disclose information regarding all prior arrests, in addition to convictions and pending charges.

LEGAL REF.:

  • 42 U.S.C. 9843A
  • Wisconsin Statutes
    • Sections 111.335 (Arrest or conviction record discrimination; exceptions and special cases)
    • 118.19 (Teacher licenses; limits on DPI issuance of license based on conviction record)

CROSS REF.:

  • 2210 Recruiting and Hiring – Superintendent
  • 2211 Recruiting and Hiring – Administrative, Supervisory, and Technical Staff
  • 4110 Equal Employment Opportunity and Affirmative Action
  • 4260 Personnel Records
  • 4330 Staff Selection and Hiring Process
  • 4333 Chaperone Requirements & Expectations
  • 6530 Community Resources
  • Employee Handbook

ADMINISTRATIVE REGULATIONS: None

AFFIRMED: May 10, 1994

Rule 4332 – Criminal Background Checks

  1. The background check form will request permission for obtaining criminal record information.
  2. Applicants for federally funded Head Start positions shall complete a separate form detailing all arrests, in addition to convictions and pending charges. If an applicant for a Head Start position discloses that they have been arrested or convicted of a crime, the Office of Human Resources will determine whether the nature of the offense or alleged offense precludes the applicant from serving in the position applied for. The Office of Human Resources will keep all arrest and conviction record information confidential to the extent authorized by law, and will not disclose this information to interview teams.
  3. If an individual refuses to cooperate in fully completing the background check form or is found to have provided false, inaccurate or incomplete information on the form, the person will be disqualified from consideration for employment, chaperoning, volunteering, tutoring, mentoring, and working as an independent contractor. Current employees found to have provided false, inaccurate or incomplete information on the form may be considered for dismissal.
  4. Resources used for criminal background checks include but are not limited to the federal and tribal searches, state(s) of prior residence, multi-state searches, sex offender registries and other available sources as determined by the ËÄ»¢Ó°ÊÓ. The ËÄ»¢Ó°ÊÓ will pay for background checks as applicable.
  5. Copies of results from background checks will be provided upon request. Persons requesting copies will reimburse the ËÄ»¢Ó°ÊÓ for the cost of providing copies. Persons recommended for employment may attach a statement or explanation to the background check for inclusion in their personnel file.