GBCD
PEMBROKE SCHOOL DISTRICT
POLICY STATEMENT
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK
Background Investigation
The Superintendent, or a designee, shall conduct a thorough investigation into the past employment history, and other applicable background, of any person considered for employment with the District. This investigation shall be completed prior to making an offer of employment.
As part of the application process, each applicant for a position shall be asked whether he/she has ever been convicted of any crime, and whether there are any criminal charges pending against him/her at the time of application. The falsification or omission of any information on a job application or in a job interview, including, but not limited to, information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or immediate discharge from employment.
Criminal Records Check
Each person considered for employment by the Board whose duties require regular contact with pupils must submit to a State and FBI Criminal Records Check.
Persons regularly in contact with students means a person or persons who, in the performance of his/her duties, (1) comes in direct contact with pupils on a daily basis for any period of time, (2) meets regularly, e.g., once or twice a week, with students, including, but not limited to, an art, music, or physical education teacher, (3) a substitute teacher who comes in direct contact with pupils on a limited basis, or (4) any other persons whom the superintendent believes, by virtue of their duties and contact with students, should appropriately undergo a Criminal Records Check.
By statute, student teachers and interns must undergo Criminal Records Checks.
The superintendent is responsible for establishing all necessary internal procedures relative to the initiation and completion of the State and FBI Criminal Records Check.
Volunteers
Volunteers who serve on an on-going basis, who have regular contact with students, or who have duties involving one-to-one contact with students, shall be screened through the Districts regular background checking process and the Criminal Records Check procedure.
Applicable Fees
Any person for whom the Board requires a Criminal Records Check shall pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for the Criminal Records Check. Once the process is officially initiated and information forwarded to the State, persons undergoing Criminal Records Checks for the Pembroke School District may request reimbursement from the District for out-of-pocket expenses associated with the Criminal Records Check process by submitting a request and cancelled check.
APPROVED: October 27, 1998 by Pembroke School Board
Conditional Employment
Persons who have been selected for employment will be hired on a conditional basis, pending a successful completion of the State and FBI Criminal Records Check.
No selected applicant for employment shall be extended a conditional offer of employment until the superintendent, or a designee, has initiated the formal state and FBI Criminal Records Check process and has completed a background investigation.
Any person who is offered conditional employment, by way of individual contract or other type of letter of employment, will have clearly stated in such contract or letter of employment that his/her contract and continuation of employment is entirely conditioned upon the completion of a Criminal Records Check which is satisfactory to the District.
All persons employed under a conditional offer of employment may be covered under the Districts health insurance program, at the sole discretion of the Board and in accordance with Board policies and/or collective bargaining agreements, if applicable. However, any such coverage will immediately cease and will not be subject to extension under COBRA if the Board does not tender the person a final offer of employment by reason of application of this Policy.
Final Offer of Employment
A person who has been extended a conditional offer of employment may be extended a final offer of employment upon the completion of a Criminal Records Check which is satisfactory to the Board.
No person with a conditional offer of employment shall be extended a final offer of employment if such person has been convicted of the following offenses referenced in RSA 189:13-a, V: (1) murder, (2) child pornography, (3) aggravated felonious sexual assault, (4) felonious sexual assault, (5) kidnapping, (6) manufacturing, selling, administering, dispensing or distributing any controlled substance(s) on school property, or (7) sexual misconduct within an education setting in this State; or where such person has been convicted of the same conduct in another state, territory, or possession of the United States, or where such person has been convicted of the same conduct in a foreign country.
In addition to the felonies listed above, a person may be denied a final offer of employment if he/she has been convicted of any felony or misdemeanor. Such determination will be made by the Board on a case-by-case basis.
The superintendent, or a designee, will transmit this policy to the State Police, who will then screen the criminal records check for any selected applicant for employment, or designated volunteer, and will notify the district whether the record of said selected applicant or volunteer contains any felony convictions.
When the District receives a Criminal Records Check on a particular person which it finds unsatisfactory, the superintendent shall dismiss said person within twenty-four hours (24) of the receipt of such report, excluding Saturdays, Sundays, or legally recognized holidays.
Additional Criminal Records Checks
The Board may require a Criminal Records Check of any employee at any time.