| Bay Village City School District |
| Bylaws & Policies |
4121 - CRIMINAL HISTORY RECORD CHECK
To more adequately safeguard students and staff members, the Board of Education requires an inquiry into the background of each applicant the Superintendent recommends for employment on the District's classified staff. This requirement includes all substitutes and persons employed on a part-time basis such as coaches or activity supervisors who may have care, custody, or control of students. It is not required of any currently-employed staff member who is a candidate for another position in the District.
The Superintendent shall establish administrative guidelines which will facilitate a records check that complies with the law and ensures that, at the time of the initial application, the applicant is properly informed of the requirement to obtain a.) a criminal history records check prior to employment, b.) a set of the applicant's fingerprints, and c.) proof that the applicant has been a resident of Ohio for the five (5) years previous to the criminal history records check, and if not, that the Bureau of Criminal Investigation (BCII) shall be requested to obtain criminal history information from the Federal Bureau of Investigation.
The guidelines shall also require that any information and records obtained from such inquiries be kept confidential and shall not be released or disseminated.
Should it be necessary to employ a person to maintain continuity of the District's operations, prior to receipt of the criminal history record, the Superintendent may, except in the case of a bus driver, employ the person on a provisional basis until the report is received.
A copy of each new school bus driver's abstract driver record for at least the prior seven (7) year period must be obtained from the Bureau of Motor Vehicles prior to allowing the school bus driver to operate a school bus or school van for the first time. In accordance with State transportation regulations, the Superintendent shall request the administrator in charge of transportation to conduct semi-annual review of each school bus driver’s abstract driver record through the Bureau of Motor Vehicles (or Ohio Department of Education) to determine that such drivers have:
| A. | no more than six (6) points within the last twenty-four (24) month period; | |
| B. | no six (6) point violations during the last seven (7) year period; | |
| C. | not been convicted of driving while under the influence of alcohol and/or a controlled substance during the past six (6) years; | |
| D. | not received two (2) (or more) of the following serious traffic violations as defined in R.C. 4506.01(DD)(1) through (DD)(7) during last twenty-four (24) month period: |
| 1. | a single charge of any speed in excess of the posted speed limit by fifteen (15) miles per hour or more; | ||
| 2. | violation of R.C. 4511.20 (i.e., operation in willful or wanton disregard of the safety of persons or property) or 4511.201 (i.e., operation off street or highway in willful or wanton disregard of the safety of persons or property) or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state; | ||
| 3. | violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident; | ||
| 4. | violation of R.C. 4506.03 (i.e., commercial driver's license or temporary instruction requirements) or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license with the proper class or endorsement for the specific vehicle group being operated for the passengers or type of cargo being transported; | ||
| 5. | violation of R.C. 4506.03 (i.e., commercial driver's license or temporary instruction requirements) or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license being in the person's possession; | ||
| 6. | violation of R.C. 4511.33 (i.e., driving in marked lanes) or R.C. 4511.34 (i.e., space between moving vehicles) or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state; | ||
| 7. | violation of any other law of this state or ordinance or resolution relating to traffic control, other than a parking violation, that is determined to be a serious traffic violation by the United States Secretary of Transportation and the Director designates such by rule; and |
| E. | no railroad crossing violations during the last year (i.e., twelve (12) month period); | |
| F. | not received any violations that render the bus driver uninsurable by the District's Fleet Insurance Carrier. |
The records obtained from the annual records check will be maintained for a minimum of six (6) years. In addition, the administrator in charge of transportation will obtain an updated, satisfactory BCII report for each school bus driver being recertified every six (6) years. Satisfactory shall be defined by the same standards applied to other non-certified public school employees. Such records shall also be maintained for a minimum of six (6) years.
If a school bus driver has any of the above-referenced violations, s/he will be disqualified from operating a school bus. The bus driver will also be notified that his/her school bus certification will be reviewed by the Superintendent and his/her employment as a school bus driver may be terminated. However, no individual will be allowed to drive a school bus or school van for a period of seven (7) years after the date of a violation for which six (6) points are assessed.
If a school bus driver has an interruption in driving a school bus or school van for a period of one (1) year or longer, s/he will not be permitted to resume operating a school bus or school van until a copy of the school bus driver's abstract driver record for at least the period since the administrator last obtained the school bus driver's driving record, provided a seven (7) year driving record has been previously obtained. If the administrator has never obtained a seven (7) year driving record, the school bus driver will not be permitted to resume operating a school bus or school van until his/her abstract driver record is obtained for at least the prior seven (7) year period.
Similar to other applicants, a satisfactory BCII report is required prior to the hiring of an individual as a school bus aide for pre-school and special needs children. If the applicant cannot prove Ohio residency for the past five (5) years, a check by the FBI will be requested. In addition, the administrator in charge of transportation will obtain an updated, satisfactory BCII report for each school bus aide every six (6) years. Satisfactory shall be defined by the same standards applied to other non-certified public school employees. Such records shall also be maintained for a minimum of six (6) years.
Current Employees
Consistent with Policy 8141 and state law, certain classified employees who are also licensed by the Ohio Department of Education (eg., aides with a permit, paraprofessionals with a license, and those individuals who do not hold a valid educator's license but who are employed by the Board under a pupil activity permit) shall be required to undergo a criminal record check as described above, upon renewal of any license, certificate or permit.
Waiver
The State Department of Education may waive the requirements of a criminal background check for those classified employees who are also licensed by the Ohio Department of Education seeking the issuance or renewal of a license, certificate of permit, who have undertaken such process within the immediately preceding year.
R.C. 109.57, 109.572, 2950, 2953.32, 3319.39, 3301.541, 3319.291
A.C. 3301-83-06 (B)(10), 3301-83-06 (F)(2), 3301-83-06 (F)(5)
A.C. 3301-83-10 (F), 4501-1-05
Adopted 3/90
Revised 10/27/03
Revised 2/25/08