Criminal Background Check
A criminal background check will be conducted at or prior to employment for every individual who is employed by the DeKalb County Board of Education to fill either a full-time or part-time position with the DeKalb County School District. In addition, a criminal background check will be conducted for all members of the DeKalb County Board of Education prior to being sworn in to the Board and every four years thereafter so long as they continue to be members of the Board.
For initial hiring purposes, personnel employed by the District shall be fingerprinted and have a criminal background check as required by O.C.G.A. ยง 20-2-211.1(c). All Board members are also expected to be fingerprinted and have a criminal background check prior to being sworn into office. Employees, Board members, volunteers and others who are required to have a criminal background check shall be subjected to the background check required for individuals applying for employment with a public school, private school, child welfare agency, day care or after school care for minor children. A clearance certificate verifying a satisfactory criminal background check may be required for employees based on the requirements of state law and the rules of the Professional Standards Commission.
Subsequent criminal background checks shall be conducted on all personnel. Certified personnel, whose employment is continued with the District, shall be subject to a criminal background check upon any certificate renewal application to the Professional Standards Commission.
All other employees of the District, whose employment is continued and who are not certificated personnel, shall be subject to subsequent criminal background checks on a periodic basis determined by procedures and schedules established by the Superintendent or his/her designee. The time period between criminal background checks shall not exceed a maximum of five years.
At the discretion of the Board, fees required for a criminal background checks shall be paid by the Board, the individual seeking employment, or the employee.
Employees that have been convicted of a crime (other than a minor traffic offense) during active employment that do not self-report the conviction within three (3) business days will face disciplinary action, including reprimand, suspension, and/or termination.
Employment may not be granted or may be terminated, at the discretion of the Superintendent or his/her designee, for those individuals whose criminal background check is unsatisfactory. The acceptability of the criminal background check will be determined at the discretion of the Superintendent or his/her designee.
Criminal record check information shall be used by the DeKalb County Board of Education, its officials and employees only for the purpose of determining whether to grant regular employment and in any administrative or judicial proceeding calling such employment in question. Such information shall be restricted, stored and disposed of in such manner as may be required by federal or state regulations.
A breach of confidentiality or the inappropriate use of criminal background check information may be grounds for disciplinary action including, but not limited to, termination and/or reporting to the Professional Standards Commission.
Information provided by the Georgia Crime Information Center or the Federal Bureau of Investigation shall only be distributed for the purposes allowed by applicable federal and/or state laws, rules, or regulations.
The Superintendent shall establish such procedures, fees, and regulations necessary to administer this policy.
Legal References
- O.C.G.A. 20-01A-0039 — Potential DECAL employees; current employees and directors; comprehensive records check requirements; liability for hiring ineligible employee (Lexis)
- O.C.G.A. 20-02-0211 — Annual contract; disqualifying acts; job descriptions (Lexis)
- O.C.G.A. 20-02-0211.1 — Clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks (Lexis)
- O.C.G.A. 35-03-0035 — Dissemination of criminal history records (Lexis)
- O.C.G.A. 35-03-0039.1 — National Crime Prevention and Privacy Compact; ratification; criminal history records repository (Lexis)
- Rule 160-5-3-.02 — Contracted Transportation Services
- Rule 160-5-3-.17 — Use of Alternative Vehicles for the Transport of Students
- 34 USC 40316 — National Crime Prevention and Privacy Compact