Tippecanoe School Corporation
Bylaws & Policies
 

4121 - PERSONAL BACKGROUND CHECKS, REFERENCES, AND MANDATORY REPORTING OF CONVICTIONS AND SUBSTANTIATED CHILD ABUSE

To protect students and staff members, the School Board requires an inquiry into the personal background of each applicant the Superintendent recommends for employment on the School Corporation's support staff which shall include the following:

 A. an expanded criminal history check as defined by I.C. 20-26-2-1.5

 B.an expanded child protection index check as defined by I.C. 20-26-2-1.3

 C.a search of the national sex offender registry maintained by the United States Department of Justice

 D.beginning July 1, 2017, a search of the State child abuse registry

 E.telephone inquiry with former employer(s)

 F.explanations of any employment gaps to ensure the candidate has not omitted an employer where an offense occurred

 G.verification of the applicantís eligibility to work using the E-Verify database maintained by the federal government as required by I.C. 12-32-1

The Board requires that an expanded criminal history check be conducted for each applicant for employment who is likely to have direct, ongoing contact with children within the scope of his/her employment before or not later than thirty (30) days after the start of the applicantís employment by the Corporation.

The Board requires that an expanded child protection index check be conducted for each applicant for employment who is likely to have direct, ongoing contact with children within the scope of his/her employment before or not later than sixty (60) days after the start of the applicantís employment by the Corporation. An expanded child protection index check shall include inquiries to each state in which information necessary to complete the expanded child protection index check is available.

The Board requires that all references and, if applicable, the most recent employer provided by an applicant be contacted before the Corporation may hire the applicant.

The Board shall deny employment to a person who has been convicted of an offense requiring license revocation per I.C. 20-28-5-8(c), unless the conviction has been reversed, vacated, or set aside on appeal.

The Board may deny employment to an applicant who is the subject of a substantiated report of abuse or neglect.

Each applicant shall certify under penalty of perjury his/her eligibility to be employed by the Board as a United States citizen or a qualified alien.

Records obtained from pre-employment inquiries under this policy are confidential and shall not be released except as necessary to implement this policy, defend a decision made pursuant to this policy, or comply with I.C. 20-26-5-11.5 when responding to a request for an employment reference from another school for a current or former employee.

Any costs associated with obtaining the expanded criminal history check and the expanded child protection index check are to be borne by the applicant.

The Board requires that an expanded criminal history check be conducted for each Corporation employee every five (5) years.

In implementing this requirement, the Corporation shall conduct the updated expanded criminal history checks for Corporation employees over a period not to exceed five (5) years by annually conducting updated expanded criminal history checks for at least twenty percent (20%) of employees who are employed by the Corporation on July 1, 2017.

The Corporation shall pay the costs associated with conducting the expanded criminal history check for all employees, provided the exclusive representatives of the Corporationís employees do not object.

The Corporation may obtain an expanded criminal history check or an expanded child protection index check at any time if the Corporation has reason to believe that the applicant or employee:

 A.is the subject of a substantiated report of child abuse or neglect or

 B.has been charged with or convicted of one (1) of the following crimes:

  1.Murder (I.C. 35-42-1-1).

  2.Causing suicide (I.C. 35-42-1-2).

  3.Assisting suicide (I.C. 35-42-1-2.5).

  4.Voluntary manslaughter (I.C. 35-42-1-3).

  5.Reckless homicide (I.C. 35-42-1-5).

  6.Battery (I.C. 35-42-2-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  7.Aggravated battery (I.C. 35-42-2-1.5).

  8.Kidnapping (I.C. 35-42-3-2).

  9.Criminal confinement (I.C. 35-42-3-3).

  10.A sex offense under I.C. 35-42-4.

  11.Carjacking (I.C. 35-42-5-2) (before its repeal).

  12.Arson (I.C. 35-43-1-1), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  13.Incest (I.C. 35-46-1-3).

  14.Neglect of a dependent as a Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 3 felony (for a crime committed after June 30, 2014) (I.C. 35-46-1-4(b)(2) and (3)), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  15.Child selling (I.C. 35-46-1-4(d)).

  16.Contributing to the delinquency of a minor (I.C. 35-46-1-8), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  17.An offense involving a weapon under I.C. 35-47 or I.C. 35-47.5, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  18.An offense relating to controlled substances under I.C. 35-48-4, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  19.An offense relating to material or a performance that is harmful to minors or obscene under I.C. 35-49-3, unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  20.An offense relating to operating a motor vehicle while intoxicated under I.C. 9-30-5, unless five (5) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later.

  21.Domestic battery (I.C. 35-42-2-1.3), unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is latest.

  22.An offense that is substantially equivalent to any of the offenses listed in this subsection in which the judgment of conviction was entered under the law of any other jurisdiction.

During the course of his/her employment with the Corporation, each support staff employee shall be required to report the conviction of the employee for a crime; and substantiated report of child abuse or neglect of which the employee is the subject to the Superintendent within two (2) business days of the occurrence. The Superintendent shall obtain a review of each reported conviction or substantiated report of child abuse or neglect and shall recommend appropriate action to the Board considering the risk to members of the school community presented by the continued employment of the administrator who was convicted or the subject of a substantiated report of child abuse or neglect.

I.C. 5-2-22
I.C. 10-13-3
I.C. 20-26-2-1.3
I.C. 20-26-2-1.5
I.C. 20-26-5-10, -10.5, -11 and -11.5
I.C. 20-28-5-8

Revised 9/9/09
Revised 3/14/12
Revised 2/10/16
Revised 1/11/17
Revised 1/10/18

© Neola 2017