Policy 412 - Employment Background Checks

The purpose of this policy is to maintain a safe and healthful environment in the School District in order to promote the physical, social, and psychological well-being of its students. To that end, the School District will seek a criminal background check for applicants who receive an offer of employment with the School District and on all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the School District, regardless of whether any compensation is paid, or such other background checks as provided by this policy. The School District may elect to do background checks of other volunteers, independent contractors, and student employees in the School District.

A. The School District shall require that applicants for School District positions who receive an offer of employment and on all individuals, except enrolled volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the School District, regardless of whether any compensation is paid, submit to a criminal history background check. The offer of employment or the opportunity to provide services shall be conditional upon a determination by the School District that an applicant’s criminal history does not preclude the individual from employment with or provision of services to the School District.

B. The School District specifically reserves any and all rights it may have to conduct background checks regarding current employees, applicants, or service providers without the consent of such individuals.

C. Adherence to this policy by the School District shall in no way limit the School District’s right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, volunteers, service providers, independent contractors and student employees.

A. Normally an applicant will not commence employment until the District receives the results of the criminal history background check. The District may conditionally hire an applicant pending completion of the background check, but shall notify the applicant that the applicant’s employment may be terminated based on the result of the background check. Background checks will be performed by or through the Minnesota Bureau of Criminal Apprehension (hereinafter "the BCA"); the District reserves the right to also have criminal history background checks conducted by other organizations or agencies, providing the District complies with the basic requirement of the state law. 

B. An applicant who is offered employment must sign a criminal history consent form, which provides permission for the District to conduct a criminal history background check. If the applicant fails to provide the District with a signed Background Investigation Authorization Form at the time the applicant receives a job offer, the applicant will be considered to have voluntarily withdrawn the application for employment.

C. The District may use the results of a criminal background check conducted at the request of another school hiring authority if: 

1. the results of the criminal background check are on file with the other school hiring authority or otherwise accessible; 

2. the other school hiring authority conducted a criminal background check within the previous 12 months; 
            
3. the applicant executes a written consent form giving the District access to the results of the check; and 
        
4. there is no reason to believe that the applicant has committed an act subsequent to the check that would disqualify the applicant for employment. 

D. For all non Minnesota residents who are offered employment, or the opportunity to provide athletic coaching services or other extracurricular academic coaching services (paid or unpaid), the District shall request a criminal history background check on such applicants from the Superintendent of the BCA and from the government agency performing the same function in the resident state, or if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. The District may contract with a private vendor or company to provide these services. Such applicants must provide an executed criminal history consent form.

E. When required, applicants must provide fingerprints to assist in a criminal history background check.

F. Copies of this policy shall be available in the District’s Employment Office, on the District’s web page, and will be distributed to applicants for employment and individuals who are offered the opportunity to provide athletic coaching services or other extra curricular academic coaching services upon request. The need to submit to a criminal history background check may be included with the basic criteria for employment in the job posting and job advertisements.

G. The applicant will be informed of the results of the criminal background check(s) to the extent required by law.

H. If the criminal history background check precludes employment with the District, the applicant will be advised.

I. The District may apply these procedures to volunteers, independent contractors or student employees as though they were applicants for employment.

A. At the time the District conducts the criminal history background check required under subdivision 1 on an individual offered employment as a teacher, the District must contact the Board of Teaching to determine whether the Board has taken disciplinary action against the teacher based on a Board determination that sexual misconduct or attempted sexual misconduct occurred between the teacher and a student. If disciplinary action has been taken based on this type of misconduct, the District must obtain access to data that are public under section 13.41, subdivision 5, that relate to the substance of the disciplinary action. In addition, the District must require the individual to provide information in the employment application
regarding all current and previous disciplinary actions in Minnesota and other states taken against the individual's teaching license as a result of sexual misconduct or attempted sexual misconduct with a student and indicate to the applicant that intentionally submitting false or incomplete information is a ground for dismissal.

B. The District may hire or otherwise allow an individual to provide a service to a school pending completion of a background check under subdivision 1 or obtaining notice of a Board of Teaching action under subdivision 1a but shall notify the individual that the individual's employment or other service may be terminated based on the result of the background check or Board of Teaching action. The District is not liable for failing to hire or for terminating an individual's employment or other service based on the result of a background check or Board of Teaching action under this section.

C. For purposes of this paragraph, The District must inform an individual if the individual's application to be an employee or volunteer in the District has been denied as a result of a background check conducted under this section. The District must also inform an individual who is a current employee or volunteer if the individual's employment or volunteer status in the District is being terminated as a result of a background check conducted under subdivision 4.

D. Definitions. For purposes of this section:

(a) "School" means a school as defined in section 120A.22, subdivision 4, and an intermediate School District under section 136D.01.

(b) "Security violation" means failing to prevent or failing to institute safeguards to prevent the access, use, retention, or dissemination of information in violation of the security and management control outsourcing standard established by the state compact officer under section 299C.58, article I, paragraph (2), clause (B).

• Minn. Stat. § 13.04, Subd. 4 (Inaccurate or Incomplete Data)
• Minn. Stat. § 13.87, Subd. 1 (Criminal History Data)
• Minn. Stat. § 123B.03 (Background Check)
• Minn. Stat. §§ 299C.60-299C.64 (Minnesota Child Protection Background Check Act)
• Minn. Stat. § 364.09(b) (Exception for School Districts)

• Adopted: July 12, 1993
• Amended: July 12, 2004
• Amended: January 9, 2012
• Amended: July 11, 2016
• Amended: December 9, 2024
• Last Reviewed: December 9, 2024