Policy 5005

Federal Immigration Law Compliance for Staff

The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the superintendent/designee. Prior to final action by the board, a prospective staff member shall present necessary documents which establish eligibility to work in the U.S. as required by federal immigration law.  The superintendent or designee shall 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 authorized to work in the U.S.” This certification shall be made on the I-9 form issued by the Federal Immigration and Naturalization Service.

Child Support Reporting for Staff

The district shall 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.

Sexual Misconduct Release Form for Staff

Pursuant to state law, the district shall require that every prospective staff member sign a release form allowing the district to contact school employers regarding prior acts of sexual misconduct. The applicant shall authorize current and past school district 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. The applicant is not prohibited from employment in Washington State if the laws or policies of another state prohibit disclosure or if the out-of-state district denies the request.

Disclosures for Staff and Volunteers

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

1. Convicted of any crime;
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 or physically abused or exploited any minor;
4. Found in any disciplinary board final decision to have sexually or physically abused or exploited 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 under sixteen years of age or developmentally disabled persons. The disclosure shall be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet shall specify all crimes committed.

Background Check for Staff and Volunteers

Definition:  “unsupervised access to children” means contact with children that provides personal interaction when not under the direct supervision of a child care provider or staff with supervisor authority, whether in-person or virtual.

Prospective staff members who will have regularly scheduled unsupervised access to children 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.

Volunteers:

Volunteers will undergo a name and birthdate background check with the Washington State Patrol and the National Sex Offender Registry. Volunteers will undergo this criminal record check each school year.  Any criminal activity involving a minor will result in automatic denial.  Other crimes may result in denial depending on the severity of crime and number of convictions. Volunteers should not have unsupervised access to students.

Conditional Employment:

New hires will 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. If the background check reveals evidence of convictions, the candidate may not be recommended for employment, or if conditionally employed, may be terminated. When such a background check is received, the superintendent/designee is directed to consult with legal counsel.

Record Check Database Access Designee

The superintendent/designee 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 shall not be re-disseminated to any organization or individual by district staff. Records of arrest and prosecution (RAP sheets) shall 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 OSPI record check database.

Certification Requirements

The district shall 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), or such other documentation as may be required by the professional educator standards board with respect to alternative route programs, for the role and responsibilities for which they are employed. Failure to meet this requirement shall be just and sufficient cause for termination of employment. State law requires that the initial application for certification shall require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation. No salary warrants may be issued to the staff member until the district has registered a valid certificate for the role to which he/she has been assigned.

All certified staff members are required to maintain their certification in accordance with state and federal requirements.  

Classified Staff

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

Board Approval

All staff members selected for employment shall be recommended by the superintendent. Staff members must receive an affirmative vote from a majority of all members of the board. In the event an authorized position must be filled before the board can take action, the superintendent has the authority to fill the position. The board will act on the superintendent’s recommendation to fill the vacancy at its next regular meeting.

 

Cross References:       5006                                              Certification Revocation

                                    5281                                              Disciplinary Action and Discharge

                                    5520                                              Staff Development

                                    5610                                              Substitute Employment

                                    6530                                              Insurance

 

Legal References:                  RCW 9.96A.020 Employment, occupational licensing by public entity – Prior felony conviction no disqualification – Exceptions

RCW 28A.320.155 Criminal history record information – School volunteers

RCW 28A.400.300Hiring and discharging of employees – Written leave policies -Seniority and leave benefits of employees transferring between school districts and other educational employers

RCW 28A.400.301 Information on past sexual misconduct – Requirement for applicants – Limitation on contracts and agreements – Employee right to review personnel file

RCW 28A.400.303 Record checks for employees

RCW 28A.405.060 Course of study and regulations -Enforcement -Withholding salary warrant for failure

RCW 28A. 405.210 Conditions and contracts of employment -Determination of probable cause for nonrenewal of contracts – Nonrenewal due to enrollment decline or revenue loss -Notice -Opportunity for hearing

RCW 28A.410.010 Certification -Duty of professional educator standards board -Rules – Record check — Lapsed certificates – Superintendent of public instruction as administrator

RCW 28A.660.020 Proposals – Funding

RCW 28A.660.035 Partnership grant programs – Priority assistance in advancing cultural competency skills

RCW 43.43.830 Background checks – Access to children or vulnerable persons – Definitions

RCW 43.43.845 Notification of conviction or guilty plea of certain felony crimes – Transmittal of information to superintendent of public instruction

RCW 50.44.050 Benefits payable, terms and conditions -“Academic year” defined

RCW 50.44.053 “Reasonable assurance” defined- Presumption, employees of educational institutions

RCW 49.44.240 Discrimination based on cannabis use -Exceptions

P.L. 99-603 Immigration Reform and Control Act of 1986 (IRCA)

P.L. 104-193 Personal Responsibility and Work Opportunity Reconciliation Act of 1996

WAC 162-12 Pre-employment Inquiry Guide (Human Rights Commission)

WAC 180-16-220 Supplemental basic education program approval requirements

WAC 181-79A Standards for teacher, administrator and educational staff associate certification

WAC 181-82-105 Assignment of classroom teachers within districts

WAC 181-82-110 School district response and support for non-matched endorsements to course assignment of teachers

WAC 181-85 Professional certification -Continuing education requirement

WAC 392-300-050 Access to record check data base

WAC 392-300-055 Prohibition of re-dissemination of fingerprint record information by educational service districts, the State School for the Deaf, the State School for the Blind, school districts, and Bureau of Indian Affairs funded schools

WAC 392-300-060 Protection of fingerprint record information by educational service district, the State School for the Deaf, the State School for the Blind, school districts, and Bureau of Indian Affairs funded schools

WAC 446-20-280 Employment -Conviction records

Management Resources: 2024 October Issue

                                    2023   December Issue

                                    2017   July Issue

                                    2010   October Issue

                                          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, August 1998            District Must Report New Hires

                                    Policy News, February 1999         Local Boards Decide Endorsement Waivers

                                    Policy News, June 1999                School Safety Bills Impact Policy

 

 

Essential

 

La Center School District

Adoption Date: September 25^th, 2007;

Revised December 13^th, 2016, November 19, 2024