Draft%20of%205005%20Employment%20and%20Volunteers.pdf

Parent document: Regular Board Meeting-02-12-2024.pdf

Text

- Public Schools

Book Board Policy

Section 5000 - Personnel

Title Draft of Employment and Volunteers

Code 5005

Status

Adopted June 15, 1993

Last Revised January 5, 2024

Prior Revised Dates 01.08.01; 01.14.02; 04.28.03; 03.27.06; 06.27.11; 05.29.12; 09.25.17;
10.30.2017;

EMPLOYMENT AND VOLUNTEERS: DISCLOSURES,
CERTIFICATION REQUIREMENTS, ASSURANCES, AND APPROVAL

The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment
and selection process is assigned to the superintendent/designee. Prior to final action by the board, a prospective
staff member must present necessary documents establishing eligibility to work and attest to his/her eligibility as
required by P.L. 99-603 (Immigration Reform and Control Act of 1986). As required by federal immigration law,
the superintendent/designee must 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 a U.S. citizen, a legal permanent resident, or a non-immigrant alien with
authorization to work.” This certification must be made on the I-9 form issued by the Federal Immigration and
Naturalization Service.

Child Support Reporting for Staff
The district will report all new hires to the State Department of Social and Health Services Division of Child
Support as required by P.L. 104-193 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996).

Sexual Misconduct Release Form

The district requires that every prospective staff member sign a release form allowing the district to contact
school employers regarding prior acts of sexual misconduct. The applicant must 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.

Disclosure for Staff and Volunteers
Prior to employment of any unsupervised staff member or volunteer, the district will require the applicant to
disclose whether he/she has been:

A. Convicted of any crime against persons;

B. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to
have physically abused any minor;

C. Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or
exploited any minor or to have physically abused any minor;

D. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have
physically abused any minor; or


E. 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 16 years of age or developmentally disabled persons. The disclosure must be made
in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet must specify all
crimes committed against persons.

Employee Background Check

Prospective staff members will have their records checked through Fatert¥iseSterling One background check
service and the Federal Bureau of Investigation via OSPI. The record check will include a fingerprint check using a
complete Washington State criminal identification fingerprint card.

Applicants may 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, such as those as identified above, the candidate will not be
recommended for employment, or if temporarily employed, will be terminated.

Pre-employment Drug Testing
If the district requires prospective staff members to undergo pre-employment drug testing, the district will
comply with the requirements of RCW 49.44.240.

Volunteer Background Check
Volunteers have their records checked through FatentWiseSafe Visitor Solutions or a similar background check
service.

Record Check Database Access Designee

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

Certification Requirements

The district requires 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
required by the Professional Educator Standards Board (PESB) for the role and responsibilities for which they are
employed. Failure to meet this requirement is just and sufficient cause for termination of employment. State law
requires that the initial application for certification includes 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 certificated staff members are required to maintain their certification in accordance with state and federal
requirements.

Classified Staff

Classified staff members who are engaged to serve less than 12 months will be advised of their employment
status for the ensuing school year prior to the close of the school year. The superintendent/designee will 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 will 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 with a
temporary employee who will receive the same salary and benefits as a permanent staff member. The board will
act on the superintendent's recommendation to fill the vacancy at its next regular meeting.

Legal 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.400.300 Hiring and discharging_of employees-Written leave policies-

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

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 comeptency skills ESHB 1115 Paraeducators

RCW _43.43.830 Background checks-Access to children or vulnerable persons-
Definitions

RCW _49.44.240 Discrimination based on cannabis use-Exceptions

RCW _50.44.053 "Reasonable assurance" defined-Presumption, employees of
educational institutions

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

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 nonmatched 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 redissemination of fingerprint record information by
education 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 education 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

Policy News, July 2017

Policy News, October 2010 Employment Disclosures

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, June 1999 School Safety Bills Impact Policy

Policy News, February 1999 Local Boards Decide Endorsement Waivers


Policy News, August 1998 District Must Report New Hires

Cross References 1610 - Conflicts of Interest
5006 - Certification Revocation
5281 - Disciplinary Action and Discharge
5610 - Substitute Employment

6530 - Insurance