8475 - CRIMINAL BACKGROUND AND EMPLOYMENT NON-DISTRICT PERSONNEL

Brevard County (Florida)

Bylaws & Policies

8475 - CRIMINAL BACKGROUND AND EMPLOYMENT NON-DISTRICT PERSONNEL
Initial Background Check - Contracted Personnel

All contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds, must meet Level II screening requirements as described in F.S. 1012.32, to determine whether the individual has been convicted of a crime of moral turpitude. Contractual personnel are to be held to the same standards as the District’s employees with regard to background screening. Contractual personnel shall include any vendor, individual or entity under contract with the Board. All contractual personnel who may be assigned to a District work site as described above shall be directed by the contractors and/or subcontractors to contact the Office of District and School Security to be fingerprinted.

A Level II background check includes fingerprinting the individual and submitting the prints to the Florida Department of Law Enforcement (FDLE) to compare those records against the statewide criminal and juvenile records maintained by FDLE and Federal criminal records maintained through the Federal Bureau of Investigation (FBI). It may also include a local criminal records check through local law enforcement agencies.

The District or the District's designated agent shall conduct the fingerprinting/screening using the code ORI (Originating Agency Identifier) issued to the District by FDLE. The following procedures shall be utilized during the process:

	A.	The District shall inform contractual personnel that they are subject to criminal background checks.

	B.	The District shall advise the contractual personnel that failure to be truthful on the application about any and all prior criminal history shall be grounds for denying access to District property and facilities.

	C.	Prior to providing contractual services to the District, the contractual personnel shall file a complete set of fingerprints taken by a designated employee of the District or the District's designated agent.

	D.	The fingerprints shall be processed by FDLE and the FBI.

The District or the designated agent of the District and the contractual personnel and/or contractor shall determine payment procedures required for the costs of processing at the time the individual is fingerprinted.

No contractual personnel shall be permitted to have access to school grounds when students are present, to have direct contact with students, or to have access to or control of school funds before the FDLE and FBI background checks are reviewed and the clearance/approval process has been completed.

The District may condition the award of contractual services by requiring the prospective vendor to warrant that all employees coming onto school premises have been fingerprinted. In such event, the District's contract with the contractor shall provide that failure to comply with this requirement will constitute a material breach and subject the offending contractor to liquidated damages.

Confidentiality

Any employee provided access to criminal history records shall be cautioned as to the confidentiality of the information contained in the records, and shall not discuss such information other than with those legally permitted access to such records. The District may only share the background screening results and details of the record with the individual that is being screened, or with his/her attorney of record. An exception to the confidentiality of these records may be made for the purpose of sharing the information with another school district pursuant to the procedures described below.

The results of the criminal history check shall not be released to the individual's employer or contractor.

Contractual Personnel Convicted of Serious Offenses

Contractual personnel, or personnel employed by subcontractors, who have been convicted of serious offenses shall not be permitted to provide contractual services to the District. As used in this section, the term conviction is defined as a finding of guilt, a plea of guilty, a plea of Nolo Contendere, or a verdict of guilty. The withholding of adjudication or an entry of an order sealing or expunging the record, requiring a pre-trail intervention, or pre-trial diversion shall not be considered an exception to this section.

For the purposes of this section, serious offenses shall include the following:

	A.	Inappropriate sexual conduct including, but not limited to, solicitation of prostitution, sexual battery, sexual relations with a minor, possession or sale of pornography or obscene literature involving minors.

	B.	Sale of a controlled substance.

	C.	Convicted of certain felonies.

	D.	Possession of a gun or weapon on District property, or use of a weapon in the commission of a violent crime.

	E.	Knowingly falsifying or altering employment applications, paperwork, District forms or other documents or certificates.

Review by the Office of District and School Security

When the fingerprint or background checks are returned, the Office of District and School Security shall review the reports received. In the event that a background check identifies a potential problem, the Director of District and School Security shall make a determination regarding the contractual personnel's suitability for providing contractual services to the District.

Contractor/Vendor Right to Challenge Accuracy of Screening Results

Contractual personnel who have been denied access to District property and facilities because of their criminal record shall receive notification via telephone or e-mail of the denial. Upon request, the individual is entitled to receive a copy of the relevant information for the purposes of challenge and correction. An individual seeking to dispute the accuracy of the results of a criminal history record should contact FDLE Quality Control Section (850-410-7898), if the concern is with the Florida record. If the concern is with out-of-state record, the contact should be with the FBI (304-625-2000).

Identification

The District shall issue a picture ID to all contractual personnel who have passed the Level II screening. The clearance card and picture ID will be visibly worn by contractual personnel at all times.

Sharing Information with Other School Districts

The District may share background screening results with other school districts. Such persons may include:

	A.	vendors, including soda/milk/snack vendors under contract with the District;

	B.	sports officials;

	C.	construction contractors and subcontractors;

	D.	senior ring, photography, or yearbook vendors.

The District shall keep a record of each time the information contained in the records is shared with another school district. The record must include the following:

	A.	The name of each individual whose records are being shared.

	B.	The date of the transmission of the record.

	C.	The type of transmission (FAX, USPS, secured electronic, etc.).

	D.	The recipient of the transmission.

	E.	Notification to the individual that the record was shared and the name of the receiving district.

Maintenance of Records

After receiving the initial background check results from FDLE, the District will thereafter be electronically notified by FDLE, in writing, of any new arrests.

Contractual personnel, individuals, and entities under contract with the Board shall inform the District of any changes in affiliation, employment, or contractual status of an individual previously fingerprinted, and the District shall inform FDLE of any such changes. The prints of contractual personnel who terminate service to the District and who later enter into contract with the District must be resubmitted to FDLE.

Background Check Requirements for - Non-Contractual Personnel (Alphabetical Listing)

	A.	College and Military Recruiters - College and military recruiters and recruiters working with the school guidance staff shall be signed in as visitors and supervised at all times while on site, or to eliminate the need for supervision, these individuals may undergo a Level II background screen. Those individuals that undergo a Level II background screen will be considered a "Registered" volunteer. If the individual visiting the school is a college recruiter that has not undergone a Level II background screen, a school issued visitor ID badge must be visibly worn at all times while on site. A military ID is sufficient for military recruiters that have not undergone a Level II background screen.

	B.	Delivery Persons - Delivery persons in commercial vehicles may bring items to the front office or food service areas of a school site. At no time shall these individuals be permitted unescorted access to student areas. Individuals, who have unescorted access to school sites when students are present, must have a Level II screening. Delivery persons should immediately report to the school or site office, or proceed to the reception area or loading area.

	C.	Inter-Agency Agreements - Groups covered by inter-agency agreements shall be required to undergo a Level II background screening and all volunteers coming to us under inter-agency agreements must be a "Registered" volunteer.

	D.	Volunteers - We encourage all individuals wishing to work with students to apply to be a registered volunteer as doing so will allow them to have greater flexibility in performing duties and services within the school during the school day. In order to apply to be a registered volunteer, these individuals must complete a Volunteer in Public Schools (VIPS) application. The application may be completed electronically at any District location or for confidentiality purposes be completed via paper application at the Office of District and School Security at the Educational Services Facility. Those individuals that have completed the Level II background screen must wear the identification badge showing they have completed this requirement at all times while on campus. The cost of the screening is paid for by the individual.

	E.	Non-District Students: Interns/Practicum Students, Observers - Any non-district student from any program (including non-college education students) who has direct contact and/or instructional experiences with students shall be required to undergo a Level II background screening and must be approved as a "Registered" volunteer. Students shall obtain the appropriate forms from the university clinical education office. The costs of the Level II screening will be borne by the student. The Office of District and School Security will maintain a record of the results of the Level II screening of all students and coordinate with the Office of Staff Development. The individual must complete a Volunteer in Public Schools (VIPS) application. The application may be completed electronically at any District location or for confidentiality purposes be completed via paper application at the Office of District and School Security at the Educational Services Facility.

		Non-District students who are strictly observing in a classroom without active involvement may check in as a visitor and must be escorted and supervised at all times while on campus. Any deviation from these procedures shall require the student observer to undergo a Level II background screening.

	F.	Mentors - A mentor is a volunteer who commits to meet with a student at school during school hours on a regular basis during the school year. The mentor works with either one student at a time or in a small group situation. Mentoring must always occur in public areas on the school campus. Unless the volunteer is a current Brevard Public Schools student or a student at another elementary or secondary school within Brevard County, all volunteers classified as a Mentor must undergo a Level II background screening and must be a "Registered" volunteer.

	G.	Referees and Sports Officials - Only officials sanctioned by the FHSAA may be used to officiate school sporting events. These individuals must undergo a Level II background screen pursuant to District policy. The cost of the screening is paid for by the individual. A District clearance card and picture ID must be presented to the home school athletic director, and shall be visibly worn at all times while on site. The Office of District and School Security maintains a list of officials cleared by the official's organization.

	H.	Tutors - Tutors must undergo a Level II background screening pursuant to District policy.

I.	University Supervisors and Faculty - Faculty and staff who are teaching or testing students, or conducting other research activities with students shall be required to undergo Level II screening. An inter-agency agreement with universities and colleges may list cleared individuals.

J.	Utility Workers - Meter readers and utility repair persons must carry a picture ID and may enter the property with notice to the site administrator and shall be supervised at all times while on campus.

K.	Visitors - A visitor is an individual that comes on campus for personal reasons and is not providing any service for the classroom or the School District as a whole. Visitors must sign in, receive a visitor's badge and be accompanied to the appropriate location by a staff member or the principal’s designee. Visitors should not be left alone with students and are to be supervised by a staff member at all times while on campus. Examples of visitor activities include:

	1.	Attending a play or awards ceremony.

	2.	Meeting with teachers/guidance counselors/administrators including delivering baked goods to a classroom.

L.	Volunteers - A volunteer is any individual providing direct services to a classroom or for the District where the services have been requested by District personnel. Brevard Public Schools recognizes two (2) types of volunteers.

	1.	Listed Volunteer: A "Listed" volunteer must complete a Volunteer in Public Schools (VIPS) application and are initially screened by the home school. "Listed" volunteers are subject to a local criminal records name check by the Office of District and School Security and a sexual predator check done by the school’s Volunteer Coordinator through the FDLE website. A "Listed" volunteer must be escorted by staff at all times, in other words they must be in sight of and within the sound of an employee or other individual that has completed a Level II background screen. A "Listed" volunteer may not be left alone with students on school grounds or during any activity associated with the school off campus. A "listed" volunteer may however transport students in their privately owned vehicle with the consent of the school principal if they meet the following requirements listed below. Listed volunteers must be approved prior to volunteering.

		Listed volunteers using their own privately owned vehicle to transport students are subject to meeting the requirements of "Board Policy 8660 – Transportation by Private Vehicle" and the following:

		a.	All transportation arrangements where a Listed or Registered volunteer is expected to drive a student in a privately owned motor vehicle must be approved in advance by the school principal and travel must commence at the school and end at the school.

		b.	Listed volunteers are prohibited from driving students in their own vehicle or chaperoning students in any capacity on overnight trips.

		c.	Listed volunteers are prohibited from transporting a single student alone in their vehicle unless that student is their own child.

		d.	Listed volunteers may transport one or more students in their vehicle only if a school board employee or registered volunteer is in the Listed Volunteer’s vehicle during the entire time students are in the vehicle, and/or:

		e.	Listed volunteers may transport two or more students in their vehicle only if an employee or registered volunteer is in a vehicle within eye site of the Listed Volunteer at all times during the trip.

		Any Listed volunteer that does not abide all of the above rules is subject to losing their volunteer status and will not be allowed to transport students to and from school events in the future.

		Examples of listed volunteer activities include:

		a.	Helping out doing clerical duties in the school office.

		b.	Working backstage at a play or awards ceremony.

		c.	Assisting in booster club activities.

	d.	Chaperoning same-day field trips where the volunteer is either supervised by a District employee or by peer supervision from another listed volunteer.

2.	Registered Volunteer: A "Registered" volunteer must complete a Volunteer in Public Schools (VIPS) application and must undergo a Level II background screening. An individual seeking "Registered" status is responsible for paying the cost of the Level II background screening. Volunteers with "Registered" status may be left unsupervised with students, they may transport students in their vehicles once all vehicle-transportation requirements have been met, they may chaperone overnight field trips and they may handle money and keys. Registered volunteers must be approved prior to volunteering.

	Examples of registered volunteer activities include:

	a.	Chaperoning overnight field trips.

	b.	Chaperoning field trips without supervision by a District employee.

	c.	Mentoring.

	d.	Transporting students in their personal vehicle (provided the vehicle is approved and the volunteer has met all requirements in Policy 8660)

Volunteers must undergo a sexual predator check. The Volunteer Office or school volunteer coordinator shall conduct the check and forward the information to the Volunteer Office. Volunteers must complete a Volunteer in Public Schools (VIPS) application. The Volunteers in Public Schools (VIPS) application may be completed electronically at any District location or for confidentiality purposes be completed via paper application at the Office of District and School Security at the Educational Services Facility.

All individuals must be on the District's approved volunteer list before they may begin volunteering and show their picture ID at sign-in if requested. Volunteers shall always be under the supervision of a teacher or other staff member depending on assignment, and shall not provide direct instruction to students or spend unsupervised time with students.

Registered volunteers must undergo a Level II background screening and be registered in the District's VIPS database. Listed volunteers must be registered in the District's VIPS database, complete a security check form, and receive a local clearance. Listed volunteers shall not be unsupervised on campus.

F.S. 1012.31, 1012.32, 1012.465

Adopted 4/10/07
Revised 4/22/08
Revised 4/28/09
Revised 4/27/10