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Escondido Union HSD  |  AR  4212.5  Personnel

Criminal Record Check   

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Applicants for Employment

All applicants for classified positions, including temporary, substitute and part-time positions, shall be required to submit fingerprint identification cards. However, secondary school students attending a district school who are to be employed in a temporary or part-time position shall not be required to submit a fingerprint identification card. (Education Code 45125)

The Superintendent or designee shall prepare fingerprint identification cards in accordance with law, along with a personal description of the applicant and a fee, for each classified applicant. The district shall send these cards to the Bureau of Criminal Identification Investigation, State Department of Justice, for processing. (Education Code 45125)

The district may charge the applicant a fee for processing the application as specified in law. If the applicant is subsequently hired by the district within 30 days of the application, the fee may be reimbursed to the applicant. (Education Code 45125)

The Superintendent or designee shall request the Department of Justice to forward one copy of the fingerprint cards to the Federal Bureau of Investigation for the purpose of obtaining any record of previous convictions of the applicant if: (Education Code 45125)

1. The person has not resided the State of California for at least one year immediately preceding the person's application for employment

2. The person has resided for more than one year, but less than seven years, in the State of California and the Department of Justice has ascertained that the person was convicted of a sex offense where the victim was a minor or a drug offense where an element of the offense is either the distribution to, or the use of a controlled substance, by a minor

The Governing Board shall not employ an applicant until the Department of Justice completes its check of the state criminal history files. (Education Code 45125)

(cf. 4212 - Appointment and Conditions of Employment)

The Superintendent or designee may hire a classified employee without waiting for the disposition of the employee's criminal history files upon a determination that an emergency or exceptional situation exists and that a delay in filling the position would endanger student health or safety. (Education Code 45125)

The Superintendent or designee may ask the local law enforcement agency to conduct an automated records check to ascertain whether a prospective classified employee has a criminal record. This information shall be requested only for applicants whom the district intends to hire at the time the check is requested. (Education Code 45125.5)

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

(cf. 4112.62/4212.62/4312.62 - Maintenance of Criminal Offender Records)

Current Employees

The Superintendent or designee shall forward to the Department of Justice a list of all current classified employees, except secondary students employed in a temporary or part-time position by the district having jurisdiction over the school they attend, who have not completed a criminal background check. (Education Code 45125)

Upon notification by telephone from the Department of Justice that a current temporary or substitute classified employee has

been convicted of a violent or serious felony, the Superintendent or designee shall immediately place that employee on leave without pay, unless the employee has received a certificate of rehabilitation and a pardon. (Education Code 45122.1)

Upon receipt of written notification of the fact of conviction from the Department of Justice, the Superintendent or designee shall immediately terminate the temporary or substitute employee without regard to any other procedure for termination specified in the Education Code or district procedures, unless that employee has received a certificate of rehabilitation and a pardon. (Education Code 45122.1)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

If the employee challenges the Department of Justice record and the Department of Justice withdraws in writing its notification, the Superintendent or designee shall immediately reinstate the employee with full restoration of salary and benefits. (Education Code 45122.1)

The Superintendent or designee shall request subsequent arrest service from the Department of Justice as provided under Penal Code 11105.2.

Legal Reference:

EDUCATION CODE

44332.6 Criminal record check, county board of education

44346.1 Applicants for credential, conviction of a violent or serious felony

44830.1 Certificated employees, conviction of a violent or serious felony

44830.2 Certificated employees; Interagency agreements

45122.1 Classified employees, conviction of a violent or serious felony

45125 Use of personal identification cards to ascertain conviction of crime

45125.01 Classified employees; interagency agreements

45125.5 Automated records check

45126 Duty of Department of Justice to furnish information

GOVERNMENT CODE

6200-6203 Crimes related to public records

PENAL CODE

502 Unauthorized access to computers

667.5 Prior prison terms, enhancement of prison terms

1192.7 Plea bargaining limitation

11075-11081 Criminal record dissemination

11105 State criminal history information; furnishing to authorized persons

11105.2 Subsequent arrest notification

11105.3 Record of conviction involving sex crimes, drug crimes or crimes of violence; availability to employer for applicants for positions with supervisory or disciplinary power over minors

11140-11144 Furnishing of state criminal history information

13300-13305 Local summary criminal history information

CODE OF REGULATIONS, TITLE 11

703 Release of criminal offender record information

708 Destruction of criminal offender record information

Management Resources:

WEB SITES

Department of Justice/Attorney General's Office: http://www.caag.state.ca.us/app

CSBA: http://www.csba.org

Regulation ESCONDIDO UNION HIGH SCHOOL DISTRICT

approved: October 19, 1999 Escondido, California