Morgan County Schools
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 County’s service personnel 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. The County Board of Education shall request from the State Criminal Identification Bureau the record of any and all criminal convictions relating to child abuse, sex-related offenses or possession of controlled substances with intent to deliver same for all of its employees hired on or after July 1, 1986. It is not required of any currently-employed staff member who is a candidate for another position in the County.

Any applicant for an initial license issued by West Virginia Department of Education shall be fingerprinted by the West Virginia State Police or designee in accordance with State Board policy in order to determine the applicant’s suitability for licensure. The fingerprints shall be analyzed by the State police for a State criminal history record check through the central abuse registry and then forwarded to the Federal Bureau of Investigation for a national criminal history record check. Information contained in either the central abuse registry record or the Federal Bureau of Investigation record may form the basis for the denial of a certificate for just cause.

The applicant for initial certification pays for the cost of obtaining the central abuse registry record and the Federal Bureau of Investigation record.

Upon written consent to the State Department by the applicant and within ninety (90) days of the State fingerprint analysis, the results of a State analysis may be provided to a County Board with which the applicant is applying for employment without further cost to the applicant.

Information maintained by the State Department or the County Board which was obtained for the purpose of this policy is exempt from the disclosure provisions of The Freedom of Information Act. Nothing in this policy prohibits disclosure or publication of information in a statistical or other form which does not identify the individuals involved or provide personal information.

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 criminal history records check prior to employment, and a set of the applicant’s fingerprints.

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.

In accordance with State transportation regulations, the Superintendent shall request the administrator in charge of transportation to conduct an annual review of each school bus driver’s abstract driver record through the Division of Motor Vehicles (DMV) to determine that currently employed bus drivers have no more than nine (9) points and no convictions or DMV suspensions or revocations of license, on charge of operating a motor vehicle while under the influence of alcohol, drugs or narcotics, or having had clear and convincing evidence presented, such as positive breath or blood test, of operating a motor vehicle under the influence of same. The applicant/employee shall not be certified to operate a school bus for at least two (2) years subsequent to a first offense for such conviction or suspension/revocation. For a second offense certification shall be withdrawn and refused permanently.

WV Code 18-5-15c, 18A-3-10
West Virginia Department of Education Policy 5202