5005 Employment: Disclosures, Certification, Assurances and Approval

  • Federal Immigration Law Compliance for Staff

    The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the superintendent/designee. Prior to final action by the board, a prospective staff member shall present necessary documents which establish eligibility to work as required by federal immigration law. The superintendent /designee shall certify that they have "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 nonimmigrant alien with authorization to work." This certification shall be made on the I-9 form issued by the federal Immigration and Naturalization Service.

    Child Support Reporting for Staff

    The district shall report all new hires to the state Department of Social and Health Services Division of Child Support as required by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

    Sexual Misconduct Release Form for Staff

    Pursuant to state law, the district shall 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 shall 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 or if the out-of-state district denies the request.

    Disclosures for Staff and Volunteers

    Prior to employment of any unsupervised staff member or volunteer, the district shall require the applicant to disclose whether they have 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.

    For purposes of this policy, unsupervised means not in the presence of another employee or volunteer and working with children under sixteen years of age or developmentally disabled persons. The disclosure shall be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet shall specify all crimes committed against persons.

    Background Check for Staff and Volunteers

    Staff and Volunteers with Regularly Scheduled Unsupervised Access to Children:

    Prospective staff members and volunteers, who shall have regularly scheduled unsupervised access to children, will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check shall include a fingerprint check using a complete Washington State criminal identification fingerprint card.

    All Other Staff and Volunteers:

    Staff and volunteers without unsupervised access to children shall undergo a name and birth date background check with the Washington State Patrol.

    If a volunteer has undergone a criminal record check in the last two years for another entity, the district shall 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.

    Conditional Employment:

    New hires shall 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 convictions, the candidate may not be recommended for employment, or if conditionally employed, may be terminated. When such a background check is received, the superintendent/designee is directed to consult with legal counsel.

    Record Check Database Access Designee

    The superintendent/designee is directed to establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction’s (SPI) record check database.  Fingerprint record information is highly confidential and shall not be re-disseminated to any organization or individual by district staff.  Records of arrest and prosecution (RAP sheets) shall 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 shall require that certificated staff hold a Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), or such other documentation as may be required by the professional educator standards board with respect to alternative route programs, for the role and responsibilities for which they are employed. Failure to meet this requirement shall be just and sufficient cause for termination of employment. State law requires that the initial application for certification shall 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 they have been assigned.

    All certificated staff members are required to maintain their certification in accordance with state and federal requirements.

    Classified Staff

    Classified staff who are engaged to serve less than twelve (12) months, shall be advised of their employment status for the ensuing school year prior to the close of the school year. If the district chooses to reemploy the staff member the following year, the superintendent/designee shall give "reasonable assurance" by written notice that the staff member will be employed during the next school year.

    Board Approval

    All staff members selected for employment shall be recommended by the superintendent. Staff members must receive an affirmative vote from a majority of all members of the board. In the event an authorized position must be filled before the board can take action, the superintendent has the authority to fill the position with a temporary employee who shall receive the same salary and benefits as a permanent staff member. The board will act on the superintendent's recommendation to fill the vacancy at its next regular meeting.

    Cross References:  
    Board Policy 1610         Conflicts of Interest
                               5006         Certification Revocation
                               5251         Conflicts of Interest
                               5281         Disciplinary Action and Discharge
                               5520         Staff Development
                               5610         Substitute Employment
                               6530         Insurance

    Legal References:  
    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.400.301         Information on past sexual misconduct – Requirement for applicants – Limitation on contracts and agreements – Employee right to review personnel file
    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 9.96A.020             Employment, occupational licensing by public entity—Prior felony conviction no disqualification—Exceptions
    RCW 28A.660.020         Proposals – Funding
    RCW 28A.660.035         Partnership grant programs – Priority assistance in advancing cultural competency skills
    RCW  43.43.830-840    Washington State Criminal Code Records
    RCW 50.44.050             Benefits payable, terms and conditions — "Academic year" defined
    RCW 50.44.053            "Reasonable assurance" defined — Presumption, employees of educational institutions
    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 education 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 education service district, the 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
    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

    Management Resources:  
    Policy & Legal News              July 2017
    Policy News, Oct. 2010         Employment Disclosures
    Policy News, Oct. 2005         Public Disclosure
    Policy News, Oct. 2005         Sex Offender Reporting Requirements
    Policy News, April 2004        School Employee Sexual Misconduct
    Policy News, Oct. 2001         Updates from the State Board of Education
    Policy News, Aug. 1998         District Must Report New Hires
    Policy News Feb 99                Local Boards Decide Endorsement Waivers
    Policy News June 99              School Safety Bills Impact Policy

    ADOPTED: 12/14/2000
    REVISED: 04/26/01; 02/28/02; 12/16/04; 01/12/06; 07/26/07; 2/24/11; 5/10/2018

     

5000 Policies