The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

4121.01 - EMPLOYMENT STANDARDS AND FINGERPRINTING OF ALL EMPLOYEES

The School Board shall employ only individuals of good moral character. Employees not found to be of good moral character will not be eligible for continued employment. This policy applies to all employees whether full-time, part-time, or temporary.

Good moral character means exemplifying the acts and conduct that would cause a reasonable person to have confidence in an individual's honesty, fairness and respect for the rights of others and for the laws of the State and nation.

 

A.

Fingerprinting

     
 

1.

Periodic re-fingerprinting of employees is required to remain employed. Personnel who have had a break in service shall also be required to be re-fingerprinted in order to be re-employed. Upon re-fingerprinting, any new criminal history that was not previously reported and appropriately addressed may result in non-reemployment, or disciplinary action up to and including dismissal.

   

2.

Current employees who are seeking instructional positions and who are required to be re-fingerprinted as part of the certification process may be subject to disciplinary action up to and including dismissal for any new criminal history that was not previously disclosed/discovered and appropriately addressed. Any records of criminal offenses that were properly disclosed and previously cleared by the Office of Professional Standards will not be a cause for disciplinary action upon subsequent review of the employee’s history.

 

3.

Employees found through the re-fingerprinting process to have been convicted of a crime (regardless of adjudication or guilty plea, no contest plea and Pretrial Intervention) may be subject to disciplinary action up to and including dismissal. However, if the prior criminal offense or conviction was related to or involved child abuse or child neglect, including sexual assault/sexual battery, the prior criminal offense or conviction shall be considered for the purpose of taking appropriate employment or disciplinary action, regardless of whether it was previously disclosed by the employee or previously cleared by the Office of Professional Standards.

     

4.

Once an employee has previously disclosed his/her criminal history record and is cleared for employment with the District, the criminal history may not be used as an impediment to promotion if the employee applied, fulfilled all the requirements, and is otherwise qualified for promotion.

   

5.

The School District shall not be precluded, however, from considering a current employee’s criminal history background when making future employment/placement decisions, such as whether an employee with a prior conviction may be prohibited from holding a position of trust. Accordingly, the Superintendent has the discretion to review an employee applicant’s prior criminal history when making placement decisions.

6.

The cost of the fingerprinting and the fingerprint processing shall be borne by the District.

 

B.

Disqualifying Criminal Offense

     
   

Criminal offenses, which may result in disciplinary action up to, and including dismissal include, but are not limited to,:

     
 

1.

adult abuse, neglect or exploitation of aged persons or disabled adults (F.S. 825.103)

   

2.

aggravated assault (F.S. 784.021)

   

3.

aggravated battery (F.S. 784.045)

   

4.

arson (F.S. 806.01)

   

5.

child abuse or child neglect (F.S. 827.03)

   

6.

contributing to the delinquency or dependency of a child (F.S. 827.04)

   

7.

currently has a pending case for driving under the influence of alcohol (DUI) (F.S. 316.193)

   

8.

domestic violence (felony) (F.S. 741.28)

   

9.

exhibiting a firearm or weapon within 1,000 feet of a school (F.S. 790.115)

     

10.

extortion (F.S. 836.05)

   

11.

felony battery/assault (F.S. 784.041)

   

12.

felony drug possession, sale or distribution (F.S. 893.13)

   

13.

incest (F.S. 826.04)

   

14.

indecent exposure (F.S. 800.03)

   

15.

kidnapping/false imprisonment (F.S. 787.01, 787.02)

   

16.

killing of an unborn child by injury to the mother (F.S. 782.09)

   

17.

lewd and lascivious behavior (F.S. 798.02, 800.04)

 

18.

manslaughter (F.S. 782.07)

   

19.

murder (F.S. 782.04)

   

20.

distribute or possess to sell obscene material (F.S. 847.011)

   

21.

prostitution/solicitation of prostitution (F.S. 796.07)

   

22.

removing children from the State or concealing children contrary to court order (F.S. 787.04)

   

23.

robbery (F.S. 812.13)

   

24.

sexual assault/sexual battery (F.S. 794.011)

   

25.

sexual performance by a child (F.S. 827.071)

   

26.

vehicular homicide (F.S. 782.071)

   

27.

burglary (F.S. 810.02)

   

28.

counterfeiting (F.S. 831.28)

   

29.

forgery (F.S. 831.01)

   

30.

fraud (F.S. 817.03)

     

31.

grand larceny (F.S. 812.014)

   

32.

grand theft (F.S. 812.014)

   

33.

possession of a concealed weapon (felony) (F.S. 790.01)

   

34.

sale of alcohol to a minor (F.S. 562.11)

   

35.

welfare/unemployment/workers' compensation fraud (F.S. 443.071, 440.105)

   

36.

battery/assault (F.S. 784.03, 784.011)

   

37.

drug and/or paraphernalia (misdemeanor) (F.S. 893.13)

   

38.

possession of a concealed weapon (misdemeanor) (F.S. 790.01)

   

39.

resisting arrest with violence (F.S. 843.01)

   

40.

currently on probation or community control (F.S. 948)

   

41.

disorderly conduct (F.S. 870.01)

   

42.

domestic violence (misdemeanor) (F.S. 741.28)

   

43.

driving under the influence/driving while intoxicated (F.S. 316.193)

   

44.

loitering (F.S. 856.021)

   

45.

other criminal traffic offenses (various statutes)

   

46.

petty theft/larceny/theft to deprive/retail theft/shoplifting (F.S. 812.014, 812.015)

   

47.

resisting arrest without violence (F.S. 843.02); with violence (F.S. 843.01)

   

48.

trespassing (F.S. 810.08)

   

49.

worthless checks (F.S. 831.09, 831.02)

   

50.

any crime involving moral turpitude (F.S. 1012.32, 1012.33)

     
   

Any omissions, changes, or typographical errors in the statutory citations shall not be a defense for the employee.

     
   

The District will not retain employees within the School Police Department who have received a dishonorable discharge from any of the Armed Forces of the United States, or with a conviction of a misdemeanor involving perjury, or a false statement.

 

C.

Appeal Process

     
   

Employees who are disqualified from continued employment because of criminal history will receive written notification by regular and certified mail. Disqualified employees may request an appeal conference. A written request for an appeal conference must be submitted to the Office of Professional Standards no later than fifteen (15) calendar days from receipt of notification by U.S. Mail or return receipt post office notification, whichever occurs first. An appeal conference will be conducted by the Office of Professional Standards within thirty (30) workdays of the receipt of a timely request from the applicant/employee. The period of time for holding an appeal conference may be extended upon agreement of the employee and the Office of Professional Standards.

     
   

The District administrator conducting the appeal may consider the specific facts which led to the conviction, and may consider mitigating factors. It is the employee's burden to provide verifiable documentation in support of his/her mitigation claim. The decision of the District administrator conducting the appeal will be final with the approval of the Superintendent.

F.S. 435.09, 943.0585(4)(a), 943.059(4)(a), 1001.10(5), 1012.27(6), 1012.315
F.S.
1012.32, 1012.56