Colchester, Connecticut

4112.5P Employment Checks Forms (1)

Board of Education Meeting 6:00PM

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CABE-RECOMMENDED POLICY REPLACEMENT -
                 TO REPLACE TEMPORARY COVID-19 POLICY 4000.1T EMPLOYMENT CHECKS
                                                                                                          4112.5P

                                                                                                      PERSONNEL

                                          EMPLOYMENT CHECKS POLICY

    Security Check/Fingerprinting

    In order to create a safe and orderly environment for students, all offers of employment will be conditional
    upon the successful outcome of a criminal record check. In addition, any person applying for employment
    with the Board shall submit to a record check of the Department of Children and Families (DCF) Child Abuse
    and Neglect Registry before the person may be hired.

    Note: Applicants for all positions, certified or non-certified must submit to a check of Department of Children
    and Families Child Abuse and Neglect Registry.

    Applicants, as required, shall make disclosures containing (1) current and past employers’ contact
    information; (2) authorization allowing contact with such employers; and (3) statements about any past
    misconduct, discipline, or licensure penalties as a result of sexual misconduct or abuse allegations.

    The District, prior to hiring such applicants, will (1) ensure that they complete the above stated three
    requirements; (2) review applicants’ employment history after making a documented, good faith effort to
    contact previous employers for information; and (3) request any available information about applicants from
    SDE.

    The background/reference checks shall be done in compliance with current statutory guidelines.

    District employees shall, within 30 days after they are hired, submit to state and national criminal checks.
    District students employed by the school system are exempted from this requirement.

    Workers placed in a school under a public assistance employment program shall also submit to the criminal
    check if such individuals will have direct contact with students.

    School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also
    submit to a criminal history check pursuant to C.G.S. 29-17a.

    Student teachers placed in District schools as part of completing preparation requirements for the issuance
    of an educator certificate shall also be required to undergo the same criminal background checks and DCF
    child abuse and neglect registry check already required for school employees.




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     A District student, employed by the District or a person employed by the Board as a teacher for a non-credit
     adult class or adult education activity (as defined in C.G.S. 10-67) who is not required to hold a teaching
     certificate, pursuant to C.G.S. 10-145b, as amended by PA 18-51, is exempt from the fingerprinting
     requirement.

     Criminal Justice Information

     Criminal Justice Information (CJI) is to be maintained in accordance with the administrative regulation
     pertaining to the use and disclosure of criminal justice information.

     (cf. 4112.51/4212.51 - Employment/Reference Checks)

     Legal Reference: Connecticut General Statutes

     10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissed. (as
     amended by PA 01-173, PA 04-181 and June 19 Special Session, PA 09-1, PA 11-93, PA 16-67, PA 18-51 and PA
     19-91)

     29-17a Criminal history checks. Procedure. Fees.

     PA 16-67 An Act Concerning the Disclosure of Certain Education Personnel Records

     Criminal Justice Information Services (CJIS) Security Policy, Version 5.4, U.S. Department of Justice, Federal
     Bureau of Investigation, Criminal Justice Information Services Division, October 6, 2015.


     POLICY ADOPTED:            APRIL 10, 2007
     POLICY REVISED:            JANUARY 12, 2010
     POLICY REVISED:            SEPTEMBER 4, 2018
     POLICY REVISED:            October 12, 2021 (Replaces Temporary COVID-19 policy 4000.1T
                                Employment Checks

     COLCHESTER PUBLIC SCHOOLS
     Colchester, Connecticut
                                                                                                                      4000.1T

                                                                                         SERIES 4000 C-19: PERSONNEL

                      This policy supersedes existing policy 4112.5P Employment Checks.
                   This policy will be reevaluated by the Board of Education post-pandemic.

                                                EMPLOYMENT CHECKS

Temporary amendments to this policy related to the COVID-19 pandemic have been made to section III. All
temporary revisions appear in highlighted bold italics or strikethrough text.



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On March 17, 2020, Governor Lamont issued Executive Order No. 7E, authorizing the Department of
Emergency Services and Public Protection (“DESPP”) to suspend temporarily the availability of required
fingerprinting. Via Executive Order No. 7M, Governor Lamont authorized commissioners and certain other
government officials to extend, as necessary to respond to the COVID-19 pandemic, statutory or regulatory
time requirements pertaining to their jurisdiction for a period not to exceed 90 days. Pursuant to Executive
Order No. 7M, on April 21, 2020, Commissioner Cardona ordered a deferral, for a period of up to 90 days, of
fingerprinting requirements while such fingerprinting was unavailable. Commissioner Cardona also stated
that, once DESPP resumed collection and processing of fingerprints for criminal history records checks, districts
must require that applicants hired during the deferral period be fingerprinted within 30 days of the time DESPP
resumes such activities (60 days for student teachers).

 According to DESPP’s website, as of June 15, 2020, fingerprinting services resumed by appointment only.
Therefore, any applicants/employees whose fingerprinting requirements had been deferred must be
fingerprinted by July 15, 2020. At present, new hires and student teachers scheduled for the fall will not be
affected, given the reinstitution of fingerprint processing.

However, in the event that fingerprinting is again suspended at some point during the 2020-2021 school year,
this policy is revised to state that all timelines apply unless an order of the Governor or the Commissioner of
Education provides otherwise.

As set forth below, each applicant for a position with the district, and each student who is enrolled in a teacher
preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing his or
her student teaching experience in the district, shall be asked to provide in writing: (1) whether he/she has
ever been convicted of a crime; (2) whether there are any criminal charges pending against him/her at the
time of the application and, if charges are pending, to state the charges and the court in which such charges
are pending; and (3) whether the applicant is included on the Abuse and Neglect Registry of the Connecticut
Department of Children and Families (“DCF”) (the “Registry”). If the applicant’s current or most recent
employment occurred out of state, the applicant will also be asked whether he/she is included on an
equivalent database and/or abuse/neglect registry maintained in that other state. Applicants shall not be
required to disclose any arrest, criminal charge or conviction that has been erased.

In addition, the district shall conduct an employment history check for each applicant for a position, as set
forth below.

For the purposes of this policy:

“Sexual misconduct means” any verbal, nonverbal, written, or electronic communication, or any other act
directed toward or with a student that is designed to establish a sexual relationship with the student, including
a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments,


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self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic
contact with a student.

“Abuse or neglect” means abuse or neglect as described in Conn. Gen. Stat. § 46b-120, and includes any
violation of Conn. Gen. Stat. §§ 53a-70 (sexual assault in the first degree), 53a-70a (aggravated sexual assault
in the first degree), 53a-71 (sexual assault in the second degree), 53a-72a (sexual assault in the third degree),
53a-72b (sexual assault in the third degree with a firearm), or 53a-73a (sexual assault in the fourth degree).

“Former employer” means any person, firm, business, educational institution, nonprofit agency, corporation,
limited liability company, the state, any political subdivision of the state, any governmental agency, or any
other entity that such applicant was employed by during any of the previous twenty years prior to applying for
a position with a local or regional board of education.

I.     Employment History Check Procedures

               A.       The district shall not offer employment to an applicant for a position, including any
               position that is contracted for, if such applicant would have direct student contact, prior to the
               district:

               1.      Requiring the applicant:

                              a.     to list the name, address, and telephone number of each current
                              employer or former employer (please note the definition of “former employer”
                              above, including the applicable twenty year reporting period) during any of the
                              previous twenty years, if:

                                       (i)   such current or former employer is/was a local or regional board
                                       of education, council of a state or local charter school, interdistrict
                                       magnet school operator, or a supervisory agent of a nonpublic school,
                                       and/or

                                       (ii) the applicant’s employment with such current or former employer
                                       caused the applicant to have contact with children.

                              b.      to submit a written authorization that

                                      (i)    consents to and authorizes disclosure by the employers listed
                                      under paragraph I.A.1.a of this policy of the information requested under
                                      paragraph I.A.2 of this policy and the release of related records by such
                                      employers,



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                              (ii)    consents to and authorizes disclosure by the Department of
                              Education of the information requested under paragraph I.A.3 of this
                              policy and the release of related records by the department, and



                              (iii)    releases those employers and the Department of Education from
                              liability that may arise from such disclosure or release of records pursuant
                              to paragraphs I.A.2 or I.A.3 of this policy; and

                        c.      to submit a written statement of whether the applicant

                              (i)     has been the subject of an abuse or neglect or sexual misconduct
                              investigation by any employer, state agency or municipal police
                              department, unless the investigation resulted in a finding that all
                              allegations were unsubstantiated,

                              (ii)    has ever been disciplined or asked to resign from employment or
                              resigned from or otherwise separated from any employment while an
                              allegation of abuse or neglect was pending or under investigation by DCF,
                              or an allegation of sexual misconduct was pending or under investigation
                              or due to an allegation substantiated pursuant to Conn. Gen. Stat. §
                              17a-101g or abuse or neglect, or of sexual misconduct or a conviction for
                              abuse or neglect or sexual misconduct, or

                              (iii)   has ever had a professional or occupational license or certificate
                              suspended or revoked or has ever surrendered such a license or
                              certificate while an allegation of abuse or neglect was pending or under
                              investigation by DCF or an investigation of sexual misconduct was pending
                              or under investigation, or due to an allegation substantiated by DCF of
                              abuse or neglect or of sexual misconduct or a conviction for abuse or
                              neglect or sexual misconduct;



                2.     Conducting a review of the employment history of the applicant by contacting
                those employers listed by the applicant under paragraph I.A.1.a of this policy. Such
                review shall be conducted using a form developed by the Department of Education,
                which shall request the following:



EMPLOYMENT CHECKS                                                                          Page 5 of 16
                     a.     the dates employment of the applicant, and

                     b.     a statement as to whether the employer has knowledge that the
                     applicant:

                            (i)    was the subject of an allegation of abuse or neglect or sexual
                            misconduct for which there is an investigation pending with any
                            employer, state agency, or municipal police department or which has
                            been substantiated;

                            (ii)    was disciplined or asked to resign from employment or resigned
                            from or otherwise separated from any employment while an allegation of
                            abuse or neglect or sexual misconduct was pending or under
                            investigation, or due to a substantiation of abuse or neglect or sexual
                            misconduct; or

                            (iii)    has ever had a professional or occupational license, certificate,
                            authorization or permit suspended or revoked or has ever surrendered
                            such a license, certificate, authorization or permit while an allegation of
                            abuse or neglect or sexual misconduct was pending or under
                            investigation, or due to a substantiation of abuse or neglect or sexual
                            misconduct. Such review may be conducted telephonically or through
                            written communication. Notwithstanding the provisions of subsection (f)
                            of Conn. Gen. Stat. § 31-51i, not later than five (5) business days after the
                            district receives a request for such information about an employee or
                            former employee, the district shall respond with such information. The
                            district may request more information concerning any response made by
                            a current or former employer for information about an applicant, and,
                            notwithstanding subsection (f), such employer shall respond not later
                            than five (5) business days after receiving such request.

                3.   Requesting information from the Department of Education concerning:

                     a.      the eligibility status for employment of any applicant for a position
                     requiring a certificate, authorization or permit,

                     b.     whether the Department of Education has knowledge that a finding has
                     been substantiated by DCF pursuant to Conn. Gen. Stat. § 17a-101g of abuse or
                     neglect or of sexual misconduct against the applicant and any information
                     concerning such a finding, and

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                          c.     whether the Department of Education has received notification that the
                          applicant has been convicted of a crime or of criminal charges pending against
                          the applicant and any information concerning such charges

           B.       Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, if the
           district receives information that an applicant for a position with or an employee of the board
           has been disciplined for a finding of abuse or neglect or sexual misconduct, it shall notify the
           Department of Education of such information.

           C.    The district shall not employ an applicant for a position involving direct student contact
           who does not comply with the provisions of paragraph I.A.1 of this policy.

           D.      The district may employ or contract with an applicant on a temporary basis for a period
           not to exceed ninety (90) calendar days, pending the district’s review of information received
           under this section, provided:

                  1.      The applicant complied with paragraph I.A.1 of this policy;

                  2.    The district has no knowledge of information pertaining to the applicant that
                  would disqualify the applicant from employment with the district; and

                  3.      The applicant affirms that the applicant is not disqualified from employment with
                  the district.

           E.     The district shall not enter into a collective bargaining agreement, an employment
           contract, an agreement for resignation or termination, a severance agreement, or any other
           contract or agreement or take any action that:

                  1.     Has the effect of suppressing information relating to an investigation of a report
                  of suspected abuse or neglect or sexual misconduct by a current or former employee;

                  2.    Affects the ability of the district to report suspected abuse or neglect or sexual
                  misconduct to appropriate authorities; or

                  3.      Requires the district to expunge information about an allegation or a finding of
                  suspected abuse or neglect or sexual misconduct from any documents maintained by
                  the district, unless, after investigation, such allegation is dismissed or found to be false.

           F.      The district shall not offer employment to a person as a substitute teacher, unless such
           person and the district comply with the provisions of paragraph I.A.1 of this policy. The district
           shall determine which such persons are employable as substitute teachers and maintain a list of


EMPLOYMENT CHECKS                                                                                Page 7 of 16
           such persons. The district shall not hire any person as a substitute teacher who is not on such
           list. Such person shall remain on such list as long as such person is continuously employed by
           the district as a substitute teacher as described in paragraph III.B.2 of this policy, provided the
           district does not have any knowledge of a reason that such person should be removed from
           such list.

           G.      In the case of an applicant who is a contractor, the contractor shall require any employee
           with such contractor who would be in a position involving direct student contact to supply to
           such contractor all the information required of an applicant under paragraphs I.A.1.a and I.A.1.c
           of this policy and a written authorization under paragraph I.A.1.b of this policy. Such contractor
           shall contact any current or former employer (please note the definition of “former employer”
           above, including the applicable twenty year reporting period) of such employee that was a local
           or regional board of education, council of a state or local charter school, interdistrict magnet
           school operator, or a supervisory agent of a nonpublic school, or if the employee’s employment
           with such current or former employer caused the employee to have contact with children, and
           request, either telephonically or through written communication, any information concerning
           whether there was a finding of abuse or neglect or sexual misconduct against such employee.
           Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, such employer
           shall report to the contractor any such finding, either telephonically or through written
           communication. If the contractor receives any information indicating such a finding or
           otherwise receives any information indicating such a finding or otherwise has knowledge of
           such a finding, the contractor shall, notwithstanding the provisions of subsection (f) of Conn.
           Gen. Stat. § 31-51i, immediately forward such information to the district, either telephonically
           or through written communication. If the district receives such information, it shall determine
           whether such employee may work in a position involving direct student contact at any school in
           the district. No determination by the district that any such employee shall not work under any
           such contract in any such position shall constitute a breach of such contract.

           H.      Any applicant who knowingly provides false information or knowingly fails to disclose
           information required in subdivision (1) of subsection (A) of this section shall be subject to
           discipline by the district that may include

                  1.      denial of employment, or

                  2.      termination of the contract of a certified employee, in accordance with the
                  provisions of Conn. Gen. Stat. § 10-151.




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              I.       If the district provides information in accordance with paragraph I.A.2 or I.G of this
              policy, the district shall be immune from criminal and civil liability, provided the district did not
              knowingly supply false information.

              J.       Notwithstanding the provisions of Conn. Gen. Stat. § 10-151c and subsection (f) of Conn.
              Gen. Stat. § 31-51i, the district shall provide, upon request by another local or regional board of
              education, governing council of a state or local charter school, interdistrict magnet school
              operator, or supervisory agent of a nonpublic school for the purposes of an inquiry pursuant to
              paragraphs I.A.2 or I.G of this policy or to the Commissioner of Education pursuant to paragraph
              I.B of this policy any information that the district has concerning a finding of abuse or neglect or
              sexual misconduct by a subject of any such inquiry.

              K.      Prior to offering employment to an applicant, the district shall make a documented good
              faith effort to contact each current and any former employer (please note the definition of
              “former employer” employer above, including the applicable twenty year reporting period) of
              the applicant that was a local or regional board of education, governing council of a state or
              local charter school, interdistrict magnet school operator, or supervisory agent of a nonpublic
              school, or if the applicant’s employment with such current or former employer caused the
              applicant to have contact with children in order to obtain information and recommendations
              that may be relevant to the applicant’s fitness for employment. Such effort, however, shall not
              be construed to require more than three telephonic requests made on three separate days.

              L.      The district shall not offer employment to any applicant who had any previous
              employment contract terminated by a local or regional board of education, council of a state or
              local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic
              school, or who resigned from such employment, if the person has been convicted of a violation
              of Conn. Gen. Stat. § 17a-101a, when an allegation of abuse or neglect or sexual assault has
              been substantiated.

II.    DCF Registry Checks

Prior to hiring any person for a position with the district, and before a student who is enrolled in a teacher
preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing his or
her student teaching experience with the district, begins such student teaching experience, the district shall
require such applicant or student to submit to a records check of information maintained on the Registry
concerning the applicant.

For any applicant whose current or most recent employment occurred out of state, the district shall request
that the applicant provide the district with authorization to access information maintained concerning the


EMPLOYMENT CHECKS                                                                                    Page 9 of 16
applicant by the equivalent state agency in the state of most recent employment, if such state maintains
information about abuse and neglect and has a procedure by which such information can be obtained. Refusal
to permit the district to access such information shall be considered grounds for rejecting any applicant for
employment.

The district shall request information from the Registry [or its out of state equivalent] promptly, and in any
case no later than thirty (30) calendar days from the date of employment. Registry checks will be processed
according to the following procedure:

               A.      No later than ten (10) calendar days after the Superintendent or his/her designee has
               notified a job applicant of a decision to offer employment to the applicant, or as soon thereafter
               as practicable, the Superintendent or designee will either obtain the information from the
               Registry or, if the applicant’s consent is required to access the information, will supply the
               applicant with the release form utilized by DCF[, or its out of state equivalent when available,]
               for obtaining information from the Registry.

               B.     If consent is required to access the Registry, no later than ten (10) calendar days after
               the Superintendent or his/her designee has provided the successful job applicant with the form,
               the applicant must submit the signed form to DCF [or its out of state equivalent], with a copy to
               the Superintendent or his/her designee. Failure of the applicant to submit the signed form to
               DCF or its out of state equivalent within such ten-day period, without good cause, will be
               grounds for the withdrawal of the offer of employment.

               C.     Upon receipt of Registry [or out-of-state registry] information indicating previously
               undisclosed information concerning abuse or neglect investigations concerning the successful
               job applicant/employee, the Superintendent or his/her designee will notify the affected
               applicant/employee in writing of the results of the Registry check and will provide an
               opportunity for the affected applicant/employee to respond to the results of the Registry check.

               D.       If notification is received by the Superintendent or designee that that the applicant is
               listed as a perpetrator of abuse or neglect on the Registry, the Superintendent or designee shall
               provide the applicant with an opportunity to be heard regarding the results of the Registry
               check. If warranted by the results of the Registry check and any additional information provided
               by the applicant, the Superintendent or designee shall revoke the offer of employment and/or
               terminate the applicant’s employment if he or she has already commenced working for the
               district.


   ● III.      Criminal Records Check Procedure



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           A.       Each person hired by the district shall be required to submit to state and national
           criminal record checks within thirty (30) calendar days from the date of employment. Each
           student who is enrolled in a teacher preparation program, as defined in section 10-10a of the
           Connecticut General Statutes, and completing his or her student teaching experience with the
           district, shall be required to submit to state and national criminal record checks within sixty (60)
           calendar days from the date such student begins to perform such student teaching experience.
           Record checks will be processed according to the following procedure, except as noted in
           paragraph III.C. of this policy:*

                  1.      No later than five (5) calendar days after the Superintendent or his/her designee
                  has notified a job applicant of a decision to hire the applicant, or as soon thereafter as
                  practicable, the Superintendent or his/her designee will provide the applicant with a
                  packet containing all documents and materials necessary for the applicant to be
                  fingerprinted by the Colchester Police Department. This packet shall also contain all
                  documents and materials necessary for the police department to submit the completed
                  fingerprints to the State Police Bureau of Identification for the processing of state and
                  national criminal record checks. The Superintendent or his/her designee will also
                  provide each applicant with the following notifications before the applicant obtains
                  his/her fingerprints: (1) Agency Privacy Requirements for Noncriminal Justice Applicants;
                  (2) Noncriminal Justice Applicant’s Privacy Rights; (3) and the Federal Bureau of
                  Investigation, United States Department of Justice Privacy Act Statement.

                  2.     No later than ten (10) calendar days after the Superintendent or his/her designee
                  has provided the successful job applicant with the fingerprinting packet, the applicant
                  must arrange to be fingerprinted by the Colchester Police Department. Failure of the
                  applicant to have his/her fingerprints taken within such ten-day period, without good
                  cause, will be grounds for the withdrawal of the offer of employment.

                  3.     Any person for whom criminal records checks are required to be performed
                  pursuant to this policy must pay all fees and costs associated with the fingerprinting
                  process and/or the submission or processing of the requests for criminal record checks.
                  Fees and costs associated with the fingerprinting process and the submission and
                  process of requests are waived for student teachers, in accordance with state law.

                  4.     Upon receipt of a criminal record check indicating a previously undisclosed
                  conviction, the Superintendent or his/her designee will notify the affected
                  applicant/employee in writing of the results of the record check and will provide an
                  opportunity for the affected applicant/employee to respond to the results of the
                  criminal record check. The affected applicant/employee may notify the Superintendent

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                  or his/her designee in writing within five (5) calendar days that the affected/employee
                  will challenge his/her criminal history record check. Upon written notification to the
                  Superintendent or his/her designee of such a challenge, the affected
                  applicant/employee shall have ten (10) calendar days to provide the Superintendent or
                  his/her designee with necessary documentation regarding the affected
                  applicant/employee’s record challenge. The Superintendent or his/her designee may
                  grant an extension to the preceding ten-day period during which the affected
                  applicant/employee may provide such documentation for good cause shown.

                  5.     Decisions regarding the effect of a conviction upon an applicant/employee,
                  whether disclosed or undisclosed by the applicant/employee, will be made on a
                  case-by-case basis. Notwithstanding the foregoing, the falsification or omission of any
                  information on a job application or in a job interview, including but not limited to
                  information concerning criminal convictions or pending criminal charges, shall be
                  grounds for disqualification from consideration for employment or discharge from
                  employment.

                  6.     Notwithstanding anything in paragraph III.A.5 of this Policy, above, no decision to
                  deny employment or withdraw an offer of employment on the basis of an
                  applicant/employee’s criminal history record shall be made without affording the
                  applicant/employee the opportunities set forth in paragraph III.A.4 of this Policy, above.

     B.    Criminal Records Check for Substitute Teachers:

           A substitute teacher who is hired by the district must submit to state and national criminal
           history record checks according to the procedures outlined above, subject to the following:

                  1.     If the state and national criminal history record checks for a substitute teacher
                  have been completed within one year prior to the date the district hired the substitute
                  teacher, and if the substitute teacher arranged for such prior criminal history record
                  checks to be forwarded to the Superintendent, then the substitute teacher will not be
                  required to submit to another criminal history record check at the time of such hire.

                  2.      If a substitute teacher submitted to state and national criminal history record
                  checks upon being hired by the district, then the substitute teacher will not be required
                  to submit to another criminal history record check so long as the substitute teacher is
                  continuously employed by the district, that is, employed for at least one day of each
                  school year, by the district, provided a substitute teacher is subjected to such checks at
                  least once every five years.


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               C.      Criminal Records Check During the COVID-19 Pandemic

                        The timelines regarding state and national criminal record checks identified in paragraph
               III.A. and III.A.2 may be modified by the district in accordance with any executive order issued
               by the Governor or any order issued by the Commissioner of Education that is related to the
               COVID-19 pandemic or public health emergency and in effect at the time a person is offered a
               position or hired by the district or a student teacher is offered a position or begins to perform
               his or her student teaching experience within the district. Notwithstanding any such
               modifications, the provisions of paragraphs III.A.3, III.A.4 and III.A.5 of this policy remain in
               effect. If any timelines are so extended or deferred, the district will continue to perform
               background checks to the greatest extent practicable and in accordance with applicable law.

IV.    Sex Offender Registry Checks

School district personnel shall cross-reference the Connecticut Department of Public Safety’s sexual offender
registry prior to hiring any new employee and before a student who is enrolled in a teacher preparation
program, as defined in section 10-10a of the Connecticut General Statutes, and completing his or her student
teaching experience with the district, begins such student teaching experience. Registration as a sexual
offender constitutes grounds for denial of employment opportunities and opportunities to perform student
teaching experiences in the school district.

V.     Credit Checks

 The district may also ask a prospective employee for a credit report for employment for certain district
positions, where the district’s receipt of a credit report is substantially related to the employee’s potential job.
Substantially related is defined to mean “the information contained in the credit report is related to the
position for which the employee or prospective employee who is the subject of the report is being evaluated.”
Prior to asking for a credit report, the district will determine whether the position falls within one of the
categories as described in this paragraph. The position must: (1) be a managerial position which involves
setting the direction or control of the district; (2) involve access to employees’ personal or financial
information; (3) involve a fiduciary responsibility to the district, including, but not limited to, the authority to
issue payments, collect debts, transfer money or enter into contracts; (4) provide an expense account or
district debit or credit card; or (5) involve access to the district’s nonfinancial assets valued at two thousand
five dollars or more.

When a credit report will be requested as part of the employment process, the district will provide written
notification to prospective employee regarding the use of credit checks. That notification must be provided in
a document separate from the employment application. The notification must state that the district may use
the information in the consumer credit report to make decisions related to the individual’s employment.


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 The district will obtain consent before performing the credit or other background checks. If the district
intends to takes an action adverse to a potential employee based on the results of a credit report, the district
must provide the prospective employee with a copy of the report on which the district relied in making the
adverse decision, as well as a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” which
should be provided by the company that provides the results of the credit check. The district will notify the
prospective employee either orally, in writing or via electronic means that the adverse action was taken based
on the information in the consumer report. That notice must include the name, address and phone number of
the consumer reporting company that supplied the credit report; a statement that the company that supplied
the report did not make the decision to take the unfavorable action and cannot provide specific reasons for the
district’s actions; and a notice of the person’s right to dispute the accuracy or completeness of any information
the consumer reporting company furnished, and to get an additional free report from the company if the
person asks for it within sixty (60) calendar days.


VI.     Notice of Conviction


If, at any time, the district receives notice of a conviction of a crime by a person holding a certificate,
authorization or permit issued by the State Board of Education, the district shall send such notice to the State
Board of Education. In complying with this requirement, the district shall not disseminate the results of any
national criminal history records check.

VII.    School Nurses

School nurses or nurse practitioners appointed by, or under contract with, the district shall also be required to
submit to a criminal history records check in accordance with the procedures outlined above.

VIII.   Personal Online Accounts

        For purposes of these Administrative Regulations, “personal online account” means any online account
        that is used by an employee or applicant exclusively for personal purposes and unrelated to any
        business purpose of the district, including, but not limited to, electronic mail, social media and
        retail-based Internet web sites. “Personal online account” does not include any account created,
        maintained, used or accessed by an employee or applicant for a business purpose of the district.

A.      During the course of an employment check, the district may not:

                        1.    request or require that an applicant provide the district with a user name and
                        password, password or any other authentication means for accessing a personal online
                        account;



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                  2.    request or require that an applicant authenticate or access a personal online
                  account in the presence of the district; or

                  3.      require that an applicant invite a supervisor employed by the district or accept an
                  invitation from a supervisor employed by the district to join a group affiliated with any
                  personal online account of the applicant.

           B.    The district may request or require that an applicant provide the district with a user
           name and password, password or any other authentication means for accessing:

                  1.     any account or service provided by district or by virtue of the applicant’s
                  employment relationship with the district or that the applicant uses for the district's
                  business purposes, or

                  2.      any electronic communications device supplied or paid for, in whole or in part, by
                  the district.

           C.      In accordance with applicable law, the district maintains the right to require an applicant
           to allow the district to access his or her personal online account, without disclosing the user
           name and password, password or other authentication means for accessing such personal
           online account, for the purpose of:

                  1.      conducting an investigation for the purpose of ensuring compliance with
                  applicable state or federal laws, regulatory requirements or prohibitions against
                  work-related employee misconduct based on the receipt of specific information about
                  activity on an applicant’s personal online account; or

                  2.     conducting an investigation based on the receipt of specific information about an
                  applicant’s unauthorized transfer of the district’s proprietary information, confidential
                  information or financial data to or from a personal online account operated by an
                  applicant or other source.

     IX.   Policy Inapplicable to Certain Individuals

           This policy shall also not apply to:

                  A.      A student employed by the district who attends a district school.

                   B.      A person employed by the district as a teacher for a noncredit adult class or adult
           education activity, as defined in Conn. Gen. Stat. § 10-67, who is not required to hold a teaching
           certificate pursuant to Conn. Gen. Stat. § 10-145b for his or her position.


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X.     Falsification of Records.

Notwithstanding any other provisions of this policy, the falsification or omission of any information on a job
application or in a job interview, including but not limited to information concerning abuse or neglect
investigations or pending criminal applications, shall be grounds for disqualification from consideration for
employment or discharge from employment.

Legal References:     Conn. Gen. Stat. § 10-212

                      Conn. Gen. Stat. § 10-221

                      Conn. Gen. Stat. § 10-222c

                      Conn. Gen. Stat. § 31-40x

                      Conn. Gen. Stat. § 31-51i

                      Conn. Gen. Stat. § 31-51tt

                          Public Act 19-91, “An Act Concerning Various Revisions and Additions to the
                          Education Statutes.”

                          Elementary and Secondary Education Act, reauthorized as the Every Student
                          Succeeds Act, Pub. L. 114-95, codified at 20 U.S.C.§ 1001 et seq.

                          Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.



TEMPORARY POLICY ADOPTED:            August 17, 2020




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