5005: Employment Disclosures, Certification Requirements, Assurances and Approval

Legally, ultimate responsibility for all staff employment rests with the board. The responsibility of administering the recruitment process is assigned to the superintendent. Prior to final action by the board, a prospective staff member will present necessary documents which establish eligibility to work as required by federal immigration law. The superintendent will certify that he/she has: “examined the documents which were presented to me by the new hire, that the documents appear to be genuine, that they appear to relate to the individual named, and that the individual is a U.S. citizen, a legal permanent resident, or a non-immigrant alien with authorization to work.” This certification will be made on the I-9 form issued by the Federal Immigration and Naturalization Service.

The district will report all new hires to the state Department of Social and Health Services Division of Child Support as required by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The district will require that every prospective employee sign a release form allowing the district to contact employers regarding prior acts of sexual misconduct. The applicant will authorize current and past employers including employers outside of Washington to disclose to the district sexual misconduct, if any, and make available to the district all documents in the employer’s personnel, investigative or other files related to the sexual misconduct.

Disclosure of Crime

Prior to employment of any unsupervised staff member or volunteer, the district will require the applicant to disclose whether he/she has been:

1. Convicted of any crime against persons;
2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;
3. Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor: or
5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

For purposes of this policy, unsupervised means not in the presence of another employee or volunteer and working with children or developmentally disabled persons. The disclosure will be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet will specify all crimes committed against persons.

Background Check

Prospective staff members will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check will include a fingerprint check using a complete Washington state criminal identification fingerprint card.

Applicants may be employed on a conditional basis pending the outcome of the background check and may begin conditional employment once completed fingerprint cards have been sent to the Washington State Patrol. 

Hiring of Persons with Criminal Records

If the background check reveals evidence of convictions, the candidate may not be recommended for employment, or, if temporarily employed, may be terminated.

If the background check reveals evidence of sexual misconduct, the candidate will not be employed without approval of the superintendent, or, if temporarily employed, will be terminated.

Record Check Database Access Designee

The superintendent is directed to establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction’s record check database. Fingerprint record information is highly confidential and will not be re-disseminated to any organization or individual by district staff. Records of arrest and prosecution (RAP sheets) will be stored in a secure location separate from personnel and applicant files and access to this information is limited to those authorized to access the SPI record check database.

Certification Requirements

The district will require that certificated staff hold a Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), for the role and responsibilities for which they are employed. Failure to meet this requirement will be just cause for termination of employment. State law requires that the initial application for certification will require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation.

Classified Staff

Classified staff who are engaged to serve less than twelve (12) months, will be advised of their employment status for the ensuing school year prior to the close of the school year. The superintendent will give “reasonable assurance” by written notice that the staff member will be employed during the next school year.

Cross References:

Board Policy 1610 Conflicts of Interest (1st Class)

Board Policy 5006 Certification Revocation

Board Policy 5251 Conflicts of Interest

Board Policy 5281 Disciplinary Action and Discharge

Board Policy 5520 Staff Development

Board Policy 5610 Substitute Employment

Board Policy 6530 Insurance

Legal References:

Management Resources:

Policy News, October 2010 Employment Disclosures

Policy News, October 2005 Public Disclosure

Policy News, October 2005 Sex Offender Reporting Requirements

Policy News, April 2004 School Employee Sexual Misconduct

Policy News, October 2001 Updates from the State Board of Education

Policy News, June 1999 School Safety Bills Impact Policy

Policy News, February 1999 Local Boards Decide Endorsement Waivers

Policy News, August 1998 District Must Report New Hires