5005 Policy – Employment Disclosures, Certification Requirements, Assurances and Approval

The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the superintendent. Prior to final action by the board, a prospective staff member will present necessary documents which establish eligibility to work as required by federal immigration law. The superintendent will certify that he/she has: “examined the documents which were presented to me by the new hire, that the documents appear to be genuine, that they appear to relate to the individual named, and that the individual is a U.S. citizen, a legal permanent resident, or a non-immigrant alien with authorization to work.” This certification will be made on the I-9 form issued by the US Citizenship and Immigration Services.
The district will report all new hires to the state Department of Social and Health Services Division of Child Support as required by federal law.

The district will require that every prospective staff member sign a release form allowing the district to contact school employers regarding prior acts of sexual misconduct. The applicant will authorize current and past school district employers including employers outside of Washington to disclose to the district sexual misconduct, if any, and make available to the district all documents in the employer’s personnel, investigative or other files related to the sexual misconduct. The applicant is not prohibited from employment in Washington state if the laws or policies of another state prohibit disclosure of this information or if the out-of-state district denies the request.

Disclosure of Crime
Prior to employment of any staff member or volunteer with regularly scheduled unsupervised access to students, the district will require the applicant to disclose whether he/she has been:

  1. Convicted of any crime against persons;
  2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;
  3. Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
  4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor: or
  5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance
  6. For purposes of this policy, unsupervised means not in the presence of another employee, on a regularly scheduled basis and working with children under sixteen years of age or developmentally disabled persons. The disclosure will be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet will specify all crimes committed against persons.

Background Check
Prospective unsupervised staff members will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check will include a fingerprint check using a complete Washington state criminal identification fingerprint card.

Unsupervised volunteers and employees without unsupervised access to children will also be advised that they will be subjected to a name and birth date background check with the Washington State Patrol.
Applicants may be employed on a conditional basis pending the outcome of the background check and may begin conditional employment once completed fingerprint cards have been sent to the Washington State Patrol. If the background check reveals evidence of relevant convictions, the candidate will not be recommended for employment, or if temporarily employed, will be terminated. When such a background check is received, the superintendent is directed to consult with legal counsel.

If a volunteer has undergone a criminal record check in the last two years for another entity, the district will request a copy from the volunteer, or have the volunteer sign a release permitting the entity for whom the check was conducted to provide a copy to the district.

Record Check Database Access Designee
The superintendent is directed to establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction’s record check database. Fingerprint record information is highly confidential and will not be re-disseminated to any organization or individual by district staff. Records of arrest and prosecution (RAP sheets) will be stored in a secure location separate from personnel and applicant files and access to this information is limited to those authorized to access the SPI record check database.

Certification Requirements
The district will require that certificated staff hold a current Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), for the role and responsibilities for which they are employed. Failure to meet this requirement at any time will be just cause for termination of employment. State law requires that the initial application for certification will require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation. No salary warrants may be issued to the staff member until the district has registered a valid certificate for the role to which he/she has been assigned.

Classified Staff
Classified staff who are engaged to serve less than twelve (12) months, will be advised of their employment status for the ensuing school year prior to the close of the school year. The superintendent will give “reasonable assurance” by written notice that the staff member will be employed during the next school year.

 

Approved By: Greg Baker
Signature Date: 14/09/2015
Adopted: 08/25/15
Revised: 08/25/15
Approved: Superintendent Approved
Legal References: Content
 

RCW 9.96A.020         Employment, occupational licensing by public

entity — Prior felony conviction no disqualification

— Exceptions

RCW 28A.320.155      Criminal history record information — School

volunteers

RCW 28A.400.300      Hiring and discharging of employees — Written

leave policies — Seniority and leave benefits of

employees transferring between school districts and

other educational employers

RCW 28A.400.303      Record checks for employees

RCW 28A.405.060      Course of study and regulations — Enforcement —

Withholding salary warrant for failure

RCW 28A. 405.210     Conditions and contracts of employment —

Determination of probable cause for nonrenewal of

contracts — Nonrenewal due to enrollment decline

or revenue loss — Notice — Opportunity for

hearing

RCW 28A.410.010       Certification — Duty of professional educator

standards board — Rules — Record check —          Lapsed certificates — Superintendent of public

instruction as administrator

RCW 43.43.830           Background checks — Access to children or

vulnerable persons — Definitions

RCW 50.44.050           Benefits payable, terms and conditions —

“Academic year” defined

RCW 50.44.053           “Reasonable assurance” defined — Presumption,

employees of educational institutions

P.L. 99-603      Immigration Reform and Control Act of 1986

(IRCA)

P.L. 104-193    Personal Responsibility and Work Opportunity                                               Reconciliation Act of 1996

WAC 162-12   Preemployment Inquiry Guide (Human Rights

Commission)

WAC 180-16-220        Supplemental basic education program approval

requirements

WAC 181-79A            Standards for teacher, administrator and educational

staff associate certification

WAC 181-82-105        Assignment of classroom teachers within districts

WAC 181-82-110        School district response and support for

nonmatched endorsements to course assignment of

teachers

WAC 181-85   Professional certification — Continuing education

requirement

WAC 392-300-050      Access to record check data base

WAC 392-300-055      Prohibition of redissemination of fingerprint record

information by educational service districts, the

state school for the deaf, the state school for the

blind, school districts, and Bureau of Indian Affairs

funded schools

WAC 392-300-060      Protection of fingerprint record information by

educational service districts, state school for the

deaf, the state school for the blind, school

districts, and Bureau of Indian Affairs funded

schools

WAC 446-20-280       Employment — Conviction records

 


Management Resources: Content
 

Policy News, October 2010

Policy News, October 2005 Public Disclosure

Policy News, October 2005 Sex Offender Reporting Requirements

Policy News, April 2004 School Employee Sexual Misconduct

Policy News, October 2001 Updates from the State Board of Education

Policy News, June 1999 School Safety Bills Impact Policy

Policy News, February 1999 Local Boards Decide Endorsement Waivers

Policy News, August 1998 District Must Report New Hires