Governing Board members shall be fingerprinted and processed through the California Department of Justice. Governing Board members shall have a valid fingerprint clearance or shall apply for a fingerprint clearance no later than seven working days after commencement of their term. The Governing Board adopted Resolution No. 2011-12-61 authorizing the District to obtain summary criminal background information from the California Department of Justice.
The records obtained pursuant to this Board Bylaw shall be used to determine if a Governing Board member has a criminal history that would bar them from performing certain employment and volunteer related functions. The records shall be destroyed after the purpose for which the records were obtained has been satisfied. The District shall not permit Governing Board members who have been convicted of the following crimes to performing certain employment and volunteer related functions: Sex Offenses as defined in Education Code 44010, Controlled Substance Offenses as defined in Education Code 44011; Violent Felonies as defined in Penal Code 667.5(c); Serious Felonies as defined in Penal Code 1192.7).
The record custodian shall ensure that the district complies with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in 11 CCR 701-708 and the rules regarding use and security of these records as set forth in Penal Code 11077.
If a Governing Board member fails or refuses to comply with this Board Bylaw, the Governing Board member shall be prohibited from visiting any district school facility and performing any employment and volunteer related functions. In addition, the Superintendent and Board of Education may publicly censure any Governing Board member who fails or refuses to comply with this Board Bylaw. Finally, the Superintendent and Board of Education may take further appropriate and lawful action related to the Governing Board member's failure or refusal to comply with this Board Bylaw.
(cf. 9000 - Role of the Board of Education)
(cf. 1240 - Volunteer Assistance)
(cf. 3515.6 - Criminal Background Checks for Contractors)
(cf. 4112.6/4212.6/4312.6 - Personnel Records)
(cf. 4112.62/4212.62/4312.62 - Maintenance of Criminal Offender Records)
Legal Reference:
EDUCATION CODE
35160, 35160.1 Powers and authority of the governing board
PENAL CODE
667.5 Prior prison terms, enhancement of prison terms
1192.7 Plea bargaining limitation
11075-11081 Criminal record dissemination
11102.2 Criminal records: custodian
11105 State criminal history information; furnishing to authorized persons
11140-11144 Furnishing of state criminal history information
13300-13305 Local summary criminal history information
CODE OF REGULATIONS, TITLE 11
701-708 Criminal offender record information
Management Resources:
WEB SITES
Office of the Attorney General, Department of Justice, Background Checks: http://www.ag.ca.gov/fingerprints
Bylaw MORENO VALLEY UNIFIED SCHOOL DISTRICT
adopted: June 14, 2011 Moreno Valley, California