The safety of its students is of paramount importance to the District. Consistent with this concern for student safety, and in compliance with Florida law, the District requires that all non-instructional contractual personnel who are permitted access on school grounds when students are present, who have direct access to students, or who have access to or control of school funds must meet level 2 screening requirements as described in State law.

For purposes of this policy a "non-instructional contractor" shall mean any vendor, individual, or entity under contract with a school or with the Board who receives remuneration for services performed for the District or a school, but who is not otherwise considered an employee of the District. The term also includes any employee of a contractor who performs services for the District or school under the contract, as well as any subcontractor and employees of that subcontractor.

All noninstructional contractors shall be informed that they are subject to criminal background checks.

Further, every five (5) years following the initial entry into a contract with the Board or a school in a capacity described above, each person who is so employed as a vendor, individual, or employee of a contractor with the Board with the School District must meet Level 2 screening requirements.

The information contained in the reports received is confidential. The District shall not share information received as the result of the criminal background check with other school districts. However, it will share such information with the FHSAA.

A noninstructional contractor who has a criminal history records check and meets the screening requirements set forth in State law shall be permitted to have access on school grounds when students are present, to have direct contact with students, or to have access to or control of school funds as required by the scope of their employment.

The following non-instructional contractors shall be exempt from the screening requirements set forth in State Law:

The Board will not subject a contractor who meets the requirements set forth in State law to an additional criminal history check. Upon submission of evidence and verification by the School District, the School District must accept the results of the criminal history check for the contractor.

A non-instructional contractor who is exempt under this policy from the screening requirements set forth in State law is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Florida Department of Law Enforcement under F.S. 943.043 and the National Sex Offender Public Registry maintained by the United States Department of Justice. The Board shall conduct the search required under this subsection without charge or fee to the contractor.

A noninstructional contractor who is subject to a criminal history check under this policy shall inform a school district if (s)he has completed a criminal history check in another school district within the last five (5 ) years. The Board will verify the results of the contractor’s criminal history check using the FDLE shared system. The Board will not charge the contractor a fee for verifying the results of his or her criminal history check. (F.S. 1012.467(2)(f))

If, for any reason, the fingerprints of a noninstructional contractor are not retained by the Department of Law Enforcement under State law, the person must file a complete set of fingerprints with the Board.

A noninstructional contractor for whom a criminal history check is required under this policy may not have been convicted of any of the following offenses designated in the Florida statutes, any similar offense in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former provision of the Florida statutes to one of the following:

For purposes of the this policy "convicted" means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in F.S. 943.0435. "Conviction of a similar offense" includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A "sanction" includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a State prison, Federal prison, private correctional facility, or local detention facility.

Under penalty of perjury, each person who is under contract in a capacity described in this policy must agree to inform his/her employer or the party with whom s/he is under contract within forty-eight (48) hours if convicted of any disqualifying offense while s/he is under contract in that capacity. A contractor who willfully fails to comply with this subsection commits a felony of the third degree, punishable as provided in F.S. 775.082 or F.S. 775.083.

If the employer of a noninstructional contractor or the party to whom the noninstructional contractor is under contract knows the noninstructional contractor has been arrested for any of the disqualifying offenses listed above, and authorizes the noninstructional contractor to be present on school grounds when students are present, such employer or such party commits a felony of the third degree, punishable as provided in F.S. 775.082 or F.S. 775.083. (F.S. 1012.467(6))

If it is found that a person who is under contract in a capacity described in this policy does not meet the Level 2 requirements, and/or has been convicted of any of the offenses listed above, the person shall be immediately suspended from working in the capacity of a noninstructional contractor and having access to school grounds, and shall remain suspended until final resolution of any appeals and/or the conviction is set aside in any post conviction proceeding. (F.S. 1012.467(3))

A noninstructional contractor who is identified as a sexual predator or sexual offender in the registry search shall not be permitted on school grounds when students are present. Upon determining that a noninstructional contractor shall not be permitted on school grounds because of his/her status as a sexual predator or sexual offender, the District shall notify the vendor, individual, or entity under contract within three (3) business days. (F.S. 1012.468(3))

If the Board has reasonable cause to believe that grounds exist for the denial of a noninstructional contractor’s access to school grounds when students are present, the contractor will receive written notice stating the specific record that indicates noncompliance with the standards set forth in this policy.

It is the responsibility of the affected noninstructional contractor to contest his or her denial. The only basis for contesting the denial is proof of mistaken identity or that an offense from another jurisdiction is not disqualifying under those offenses listed above. (F.S. 1012.467(5))

A noninstructional contractor who is present on school grounds in violation of this section commits a felony of the third degree, punishable as provided in F.S. 775.082 or F.S. 775.083. (F.S. 1012.467(4))

§ 21, Ch. 2005-28; §§ 7, 8, Ch. 2007-207, L.O.F.
F.S. 1012.465; 1012.467; 1012.468
F.A.C. 6B-4.009(6)
AGO 2007-42

Adopted 10/6/09
Revised 3/20/12