404 EMPLOYMENT BACKGROUND CHECKS
I. PURPOSE
The purpose of this policy is to maintain a safe and healthful environment in the school in order to promote the physical, social, and psychological well-being of its students. To that end, The Journey School (TJS) will seek a criminal history background check for applicants who receive an offer of employment with TJS and on all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to TJS, regardless of whether any compensation is paid, or such other background checks as provided by this policy. TJS may also elect to do background checks of other volunteers, independent contractors, and student employees in the school.
II. GENERAL STATEMENT OF POLICY
A. TJS shall require that applicants for TJS positions who receive an offer of employment and all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the district, regardless of whether any compensation is paid, submit to a criminal history background check. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school that an individual’s criminal history does not preclude the individual from employment with, or provision of services to, the school.
B. TJS specifically reserves any and all rights it may have to conduct background checks regarding current employees, applicants, or service providers without the consent of such individuals.
C. Adherence to this policy by TJS shall in no way limit the school’s right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, volunteers, service providers, independent contractors, and student employees.
III. PROCEDURES
A. Normally an individual will not commence employment or provide services until TJS receives the results of the criminal history background check. TJS may conditionally hire an applicant or allow an individual to provide services pending completion of the background check, but shall notify the individual that the individual’s employment or opportunity to provide services may be terminated based on the result of the background check. Background checks will be performed by the Minnesota Bureau of Criminal Apprehension (BCA). The BCA shall conduct the background check by retrieving criminal history data as defined in Minn. Stat. § 13.87. TJS reserves the right to also have criminal history background checks conducted by other organizations or agencies.
B. In order for an individual to be eligible for employment or to provide athletic coaching services or other extracurricular academic coaching services to the school, except for an enrolled student volunteer, the individual must sign a criminal history consent form, which provides permission for TJS to conduct a criminal history background check. The cost of the criminal history background check is the responsibility of the individual, unless TJS decides to pay the costs for an applicant, volunteer, an independent contractor, or a student employee. If the individual fails to provide TJS with a signed Informed Consent Form at the time the individual receives a job offer, or permission to provide services, the individual will be considered to have voluntarily withdrawn the application for employment or request to provide services.
C. TJS, in its discretion, may elect not to request a criminal history background check on an individual who holds an initial entrance license issued by the state board of teaching or the commissioner of education within the 12 months preceding an offer of employment or permission to provide services.
D. TJS may use the results of a criminal background check conducted at the request of another school hiring authority if:
- the results of the criminal background check are on file with the other school hiring authority or otherwise accessible;
- the other school hiring authority conducted a criminal background check within the previous 12 months;
- the individual executes a written consent form giving the school district access to the results of the check; and
- there is no reason to believe that the individual has committed an act subsequent to the check that would disqualify the individual for employment or provision of services.
E. For all non-state residents who are offered employment with the school, the school shall request a criminal history background check on such applicants from those applicable jurisdictions.
F. When required, individuals must provide fingerprints to assist in a criminal history background check. If the fingerprints provided by the individual are unusable, the individual will be required to submit another set of prints.
G. Copies of this policy shall be available in TJS ’ employment office and will be distributed to applicants for employment and individuals who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services upon request. The need to submit to a criminal history background check may be included with the basic criteria for employment or provision of services in the position posting and position advertisements.
H. The individual will be informed of the results of the criminal background check(s) to the extent required by law.
I. If the criminal history background check precludes employment with, or provision of services to, TJS, the individual will be so advised.
J. TJS may apply these procedures to other volunteers, independent contractors, or student employees.
CRIMINAL HISTORY CONSENT FORM
A form to obtain consent for a criminal history background check is included with this policy. Similar forms provided by the agency conducting the background check may also be used.
Legal References:
- Minn. Stat. § 13.04, Subd. 4 (Inaccurate or Incomplete Data) Minn. Stat. § 13.87, Subd. 1 (Criminal History Data)
- Minn. Stat. § 123B.03 (Background Check)
- Minn. Stat. §§ 299C.60-299C.64 (Minnesota Child Protection Background Check Act)
- Minn. Stat. § 364.09(b) (Exception for School Districts)
Informed Consent Form 404
For Criminal History Background Check
The Journey School
775 Lexington Pkwy N. St. Paul, MN 55104
Date: _______________
The following named individual has made application with The Journey School (TJS) for employment or provision of athletic coaching services or other extracurricular academic coaching services.
Full Name of Individual: ___________________ (Please print: Last, First Middle)
Maiden, Previous, Alias: ___________________
Date of Birth (Month/Day/Year): _______________
Sex (M or F): _______________
I authorize the Minnesota Bureau of Criminal Apprehension to disclose all criminal history record information to ___________________ pursuant to Minn. Stat. § 123B.03 for the purpose of ___________________ with TJS.
CONDITIONAL HIRING: I understand that TJS may permit me to commence my employment duties or provide athletic coaching services or other extracurricular academic coaching services pending completion of the criminal history background check and acknowledge and agree that my employment or services may be terminated based on the result of the background check. The expiration of this authorization shall be for a period no longer than one year from the date of my signature.
_______________________________
Signature of Applicant or Potential Service Provider
_______________
Date
Subscribed and sworn to before me this _ day of __, 20___.
_______________________________
Notary Public