| Criminal Background Checks |
Definitions: For the purposes of this policy:
"Prospective Employee" means an applicant who has received an offer of employment.
"Conviction" means a determination of guilt that is the result of a plea or a trial regardless of whether adjudication is withheld.
A prospective or current employee who is recommended to fill a non-instructional position shall, as a condition of employment, file a complete set of fingerprints taken by an authorized law enforcement officer or a designated employee of the District trained to take fingerprints. The prints will be processed pursuant to the requirements of § 231.02(2)(a), Florida Statutes.
A prospective or current employee may be disqualified or terminated from employment if the prospective or current employee fails to provide accurate information on the application regarding a prior arrest for which a penalty or conviction was received, regardless of adjudication, or if probation was required, or if records were sealed or expunged.
A prospective or current employee may be disqualified or may be terminated from continued employment if the prospective or current employee has been convicted of a crime classified as a felony or first degree misdemeanor directly related to the position of employment sought or convicted of a crime involving moral turpitude or any of the offenses enumerated in Chapter 435, Florida Statutes.
Employees newly hired or rehired shall be on a probationary status pending fingerprint processing and determination of compliance with standards for good moral character
The Superintendent shall promulgate procedures and fees for the processing and review of prospective and current employees' prior criminal history and the appeal process for employees terminated for a criminal conviction discovered in a criminal background check required by §231.02, Florida Statutes.
Any provision of the law notwithstanding, all personnel currently required to be certified under Section 231.17, Florida Statutes, and by January 1, 1998, for all other personnel currently employed by the District who have not been fingerprinted and screened in the same manner outlined in Section (1) shall submit a complete set of fingerprints taken by an employee of the school or district who is trained to take fingerprints. The prints shall be processed according to § 231.02(2)(a), Florida Statutes. Employees found through fingerprint processing to have been convicted of a crime involving moral turpitude shall not be employed in any position requiring direct contact with students. Such action shall be subject to appeal.
All prospective employees upon hire, shall submit an affidavit disclosing any prior arrests to the School Police Department. All employees, regardless of date of hire, shall submit this affidavit annually on a date set by the Superintendent. Failure to comply with this section may result in suspension or termination.
STATUTORY AUTHORITY: | §§ 112.011, 230.22(1), 231.001, 231.02, F.S. |
LAWS IMPLEMENTED: | §§ 231.02, 230.23(5), F.S. |
HISTORY: | 6/7/89; 2/7/90; 3/15/90; 9/3/97 |
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