Policy 5122 - Criminal History / Background Checks

It is the policy of this District to perform criminal history checks as required by Idaho law and to perform other types of background checks on employees or volunteers including, but not limited to:

  1. Contacting prior employers for references;
  2. Contacting personal references; and/or
  3. Contacting other persons who, in the discretion of the District, could provide valuable information to the District.

Outstanding warrants, criminal charges, and/or protective orders may be confidential. An employee who is provided access to such confidential information relating to another employee shall take steps such that the confidential information remains confidential. If an employee discloses such confidential information without authorization, the employee may be subject to disciplinary action. In addressing these issues, it is also recognized that warrants, criminal charges and/or protective orders may be public records and/or known public information. In such a circumstance, an employee who has access to such information as part of their employment with the District shall refrain from unnecessary gossip or disclosures associated with these records and the duties of their employment.

Initial Hires
In order to protect the health, safety and welfare of the students of the District, Idaho law requires all newly hired certificated and classified employees to subject to criminal history checks: A criminal history check shall include the following:

  1. Statewide criminal identification bureau;
  2. Federal bureau of investigation (FBI) criminal history check;
  3. National crime information center; and
  4. Statewide sex offender register.

Employees will be required to undergo a criminal history check prior to starting employment, or within three (3) days from the date the employee is requested to submit to a criminal history check, whichever the case may be. All criminal history check records will be kept on file at the Idaho State Department of Education. A copy of the records will be given to the employee if requested.

In addition, it is the policy of the Kimberly School District to require a drug screening of all newly hired certificated or classified employee prior to an employee starting employment or within twenty (20) days from the date the employee is requested to submit to a drug screening, whichever the case may be. All drug screening shall be conducted by Magic Valley Regional Medical Center and shall be provided at no cost to the employee.

It is the discretion of the District to terminate, dismiss or take other action against any employee that has been convicted of one (1) or more of the felony offenses set forth in:
I.C. § 33-1208 or who fails to receive a negative drug screening.

Substitute teachers
If a substitute teacher has undergone a criminal history check within three (3) years as a result of employment with another Idaho School District, the Kimberly District, may in its sole discretion, not require a substitute to undergo a criminal history check. If the District does desire a substitute teacher who has undergone a criminal history check within the last three (3) years to undergo an additional criminal history check, the District will pay the costs of such check.

Any volunteer in the District who has regular unsupervised access to students, as determined by the Superintendent or the Superintendent’s designee, may be asked to submit to a fingerprint criminal background investigation conducted by the appropriate law enforcement agency. Any requirement of a volunteer to submit to a fingerprint background check shall be in compliance with the Volunteers for Children Act of 1998 and applicable federal regulations. If a volunteer has any prior record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other than a minor traffic violation, the facts must be reviewed by the Superintendent, who shall decide whether the volunteer is suitable to be in the presence of the students in the District. Arrests resolved without conviction shall not be considered in the hiring process unless the charges are pending.

Legal Reference:
I.C. § 33-130 Criminal history checks for school district employees or applicants for certificates
I.C. §33-512 Governance of schools; Public Law 105-251 Volunteers for Children Act.

Policy 5430

Adopted on: January 27, 2004
Revised on: January 21, 2014