The Board of Education, upon recommendation of the Superintendent, votes on the employment of all staff members. In approving applicants, the Board will be guided by the desire to obtain individuals committed to providing the highest quality education for the District's students. For Title I staff qualifications and hiring, refer to Policy and Regulation 1621 – Title I.
No person will be employed by the Board until the District obtains a clear criminal record check and a clear check of the DHSS Family Care Safety Registry. Additionally, and prior to offering employment to any teacher who had previously been employed by a Missouri school district or charter school, the Superintendent/designee shall obtain from the Department of Elementary and Secondary Education the identity of the school district or charter school that had previously employed the applicant. The District will contact the former employer to determine if such applicant had been terminated or resigned in lieu of termination; or against whom allegations of sexual misconduct had been substantiated by the Children’s Division.
All persons employed by outside vendors/contractors who will have contact with students will be required to successfully undergo a criminal record check and a clear check of the Child Abuse/Neglect Registry prior to contact with students. Such background checks will be performed at the vendors/contractors’ expense and will, upon request, be shared with the District. All finalists for an employment position will be required to sign a release of liability authorizing prior employers, including school districts, to furnish any information about the applicant and the applicant’s work performance, including but not limited to discipline records and performance evaluations. The administration may also conduct random background checks after employment. Failure to check references and prior employment for new hires prior to their start date may result in disciplinary action up to and including suspension without pay.
The District will participate in the Missouri Rap Back Program. In doing so, the District will comply with all procedures issued by the Missouri State Highway Patrol and the Federal Bureau of Investigations regarding the Missouri and National Rap Back Program. As a result, the District will be notified by the Highway Patrol when a new arrest has been reported of a District employee. The District will then request the individual’s updated criminal record history.
As part of the criminal records check, any person employed after January 1, 2005, shall submit two sets of fingerprints to be used by the Missouri Highway Patrol and the Federal Bureau of Investigation. The fingerprints shall be collected pursuant to standards determined by the Missouri Highway Patrol. All District employees who are authorized to access the Missouri Automated Criminal History Site (MACHS) will only use such criminal history information for purposes of verifying qualifications for employment. The District will not create copies of the criminal record for employment record purposes and will not disseminate the record, except as permitted by law.
The District will designate a full-time employee, who will be fully trained in the Missouri Highway Patrol’s automated criminal history site (MACHS), to serve as the District Local Agency Security Officer (LASO). The District’s LASO Security Officer will be responsible for implementation and oversight of the District’s Use of MACHS for all applicants. Any employee who attempts to access MACHS without authorization, improperly disseminates an applicant’s criminal history record or facilitates unauthorized access to MACHS, will be subject to disciplinary action up to and including termination. Such improper use of the MACHS system constitutes an “incident” requiring reporting. Immediately upon knowledge of an “incident,” the District’s Local Agency Security Officer (LASO) will be notified, in writing, describing the “incident.” The LASO Officer will then notify the Missouri Highway Patrol with the details of the “incident.”
All vacancies should be posted for a minimum of five (5) school days before the Superintendent may recommend a qualified applicant to the Board for employment. However, if the Superintendent or designee determines that it would be detrimental to wait five business days or that a longer period is necessary, the position will be advertised for the number of days deemed appropriate. Further, if the same or similar position was recently advertised, the Superintendent or designee may utilize applications previously received without re-advertising the vacancy. However, in order to hire a Board member's spouse, the position must have been posted for a minimum of five (5) days. (Refer to Policy 0342 – Nepotism, Conflict of Interest and Financial Disclosure.)
The Superintendent or his designee is the person who shall respond to requests from potential employers for information regarding a former District employee. The information the District should provide is title, position, length of employment, whether the employee was terminated or resigned, and whether the District would re-hire the employee.
Additionally, when requests for information from any public school regarding a former employee against whom allegations of sexual misconduct involving a student have resulted in a determination by the Board of an actual violation of sexual misconduct pursuant to Board Policy; a resignation in lieu of termination; or allegations of sexual misconduct that have been substantiated by Children’s Division, the Superintendent or his designee shall disclose to the requesting school the allegations of sexual misconduct and the findings of a Children’s Division investigation.
Any school district employee who is permitted to respond to requests for information, acting in good faith, who reports authorized information, as provided in this policy or, who, in good faith, reports alleged sexual misconduct on the part of a District employee, will not be disciplined or discriminated against because of such report.
This foregoing policy is intended to comply with the Amy Hestir Student Protection Act, Senate Bill 54, including section 162.068 RSMo. The District shall provide notice of this policy to all current employees and to all potential employers who contact the District regarding the possible employment of a District employee.