Policy Details Page
The Board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the Superintendent. Providing false information on an application of employment application may result in immediate termination of employment.
Prospective staff members shall have their criminal history checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card.
Prospective staff members 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.
An employee having a break in service shall, upon reinstatement, have his or her records checked in the same manner as a new employee.
If the background check reveals evidence of a guilty plea or convictions under RCW 28A.400.322, the candidate will not be recommended for employment, or if temporarily employed, will be terminated. When such a background check is received, the Superintendent or designee is directed to consult with legal counsel for the District. If the background check reveals evidence of a guilty plea or conviction, outside of the crimes listed in RCW 28A.400.322, the District will review the entire employment file and the position to determine if the candidate will not be recommended for employment or if temporarily employed, will be terminated.
Each contracted certificated staff member or substitute teacher/administrator must possess a valid Washington certificate issued by the State Office of Public Instruction. This certificate must include the proper endorsement (if required for that position unless eligible for out-of-endorsement assignment) for the position the employee was hired to fulfill. Failure to meet this requirement shall be just cause for termination of employment. No salary warrants may be issued to the staff member until the district has confirmed and recorded a valid certificate for the role to which he/she has been assigned. In addition, any teacher who meets standard or continuing certification after August 30, 1987, must complete 150 hours of continuing education study every five years. Failure to satisfy this requirement will cause the certificate to lapse. If a certificated staff member with a lapsed certificate is issued a transitional certificate pursuant to WAC 181-79A-231(7), he or she may be conditionally employed for up to two years while he or she meets the certificate reinstatement requirements.
Disclosure of Crime
Prior to employment of any staff member, the district shall 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.
The disclosure shall be made in writing, signed by the applicant and sworn to under penalty of perjury. The disclosure sheet shall specify all crimes committed against persons
Eligibility to Work
Prior to final action by the Board, a prospective staff member shall present necessary documents that establish 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 or his or her designee shall certify that he/she has: “examined the documents that 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 shall be made on the I-9 form issued by the federal Immigration and Naturalization Service.
Notification to Department of Social and Health Services Division of Child Support
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.
Record Check Database Access Designee
The Superintendent will establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction's record check data base. Fingerprint record information is highly confidential and shall not be 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 data base.
Sexual Misconduct Release
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.
Cross References: Board Policy 5000 Recruitment and Selection of Staff
5280 Termination of Employment
Legal References: RCW 28A.400.300 Hiring and discharging employees--Leaves for employees--Seniority and leave benefits, retention upon transfers between schools
28A.400.303 Record checks for employees
28A.350.050 Teacher must qualify before warrant drawn and issued or registered--All Districts
28A.405.01 Qualifications--Certificate or permit required
28A.405.06 Course of study and regulations--Enforcement--Withholding salary warrant for failure
28A.405.210 Conditions and contracts of employment--Determination of probable cause for non-renewal of contracts--Notice--Opportunity for hearing
28A.410.01 Certification--Background check
43.43.830-40 Washington State Criminal Code Records
50.44.050 Benefits Payable, Terms and Conditions
50.44.053 Definition of "reasonable assurance"
WAC 162-12 Preemployment Inquiry Guide (Human Rights Commission)
WAC 180-16-220 Supplemental Program Requirements
180-16-223 Temporary Out-of-Endorsement Assignment Criteria
180-16-231 Assignment of Principals
180-16-236 Assignment of Educational Staff Associates
180-79A Standards for Teacher, Administrator and Educational Staff Associate Certification
180-82-100 Assignment of classroom teachers within districts
180-82-110 Exceptions to classroom teacher assignment policy
180-85 Continuing Education
WAC 392-300-050 Access to record check data base
392-300-055 Prohibition of redissemination of fingerprint record information by education service districts or school districts
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
446-20-285 Employment--Conviction Records
P.L. 99-603 (IRCA) Immigration Reform and Control Act of 1986
P.L. 104-193 Personal Responsibility and Work Opportunity Reconciliation Act of 1996;
Management Resources: Policy News, June 1999; February 1999; August 1998;
October 2001; April 2004; October 2005; October 2010
Adoption Date: 10/28/99, Revised 10/08/2015