Hickman County Board of Education Descriptor Code: Issued Date: Descriptor Term: 5.118 12/09/24 Background Investigations Rescinds: Issued: 5.118 11/07/22 1 General 2 Background checks shall be required for applicants, employees, contract workers, and volunteers.¹ 3 The Director of Schools/designee shall develop any necessary corresponding procedures. 4 APPLICANTS AND EMPLOYEES 5 To ensure the safety and welfare of students and staff, the district shall require criminal history 6 background checks and fingerprinting of applicants for teaching positions and any other positions that 7 require proximity to children. Further, applicants who (1) have been identified by the Department of 8 Children's Services as perpetrators of child abuse, severe child abuse, child sexual abuse, or child 9 neglect, or who pose an immediate threat to the health, safety, or welfare of children; or (2) who are 10 listed on the state's abuse of vulnerable persons registry maintained by the Department of Health shall 11 not be employed.² 12 Applicants and current employees shall be entered into the federal RAP back program. 3 Notice of the 13 following shall be provided : 14 1. Possible fees charged by the Tennessee Bureau of Investigation; and 15 16 2. Fingerprints will be retained by the Tennessee Bureau of Investigation and the Federal Bureau 17 of Investigation for all purposes and uses authorized for fingerprint submission. 18 Any costs incurred to perform these background checks and fingerprinting shall be paid by applicants. 19 The Board shall reimburse applicants if the position is offered and accepted. 20 CONTRACTORS & VOLUNTEERS 21 To ensure the safety and welfare of students and staff, the district shall require criminal history 22 background checks and fingerprinting of contactors, and volunteers and any other positions that require 23 proximity to children. Any costs incurred to perform these background checks and fingerprinting shall 24 be paid by the applicant. The Board shall reimburse the applicant if the position is offered and 25 accepted.4 26 Background checks shall be required of the individuals listed above at least once every five (5) years 27 after the initial background check.¹ 28 Background Investigations 5.118 1 USE AND DISSEMINATION 2 Fingerprints or other approved forms of positive identification shall be submitted with all requests for 3 criminal history record checks for non-criminal justice purposes. 5 The director of schools shall ensure 4 the Originating Agency Identifier number is on file at all times. 5 Tennessee and FBI Criminal History Record Information (CHRI) obtained by the district shall be 6 solely used to verify criminal violation(s) and shall not be disseminated. Results shall be considered 7 confidential and only accessible to district personnel identified by the director of schools. CHRI shall 8 only be accessed by authorized personnel in the performance of their duties and shall never be released 9 to the public. 10 All persons directly associated with the accessing, maintaining, processing, dissemination or 11 destruction of CHRI must sign an awareness statement and shall indicate that they have been specially 12 trained on the subject. The training shall provide those with access to criminal history record 13 information with a working knowledge of federal and state regulations and laws governing the security 14 and processing of criminal history information. The director of schools is responsible for ensuring that 15 authorized personnel receive such training within 60 days of employment or job assignment and every 16 three years. 17 RETENTION AND SECURITY 18 The Director of Schools shall develop procedures to ensure CHRI is stored in a secure location. Areas 19 in which CHRI is processed and handled shall be restricted to authorized personnel identified by the 20 Director of Schools. The area shall be out of the view of the public and unauthorized personnel. The 21 Director of Schools shall maintain a list of all employees who have access to, can process, disseminate, 22 and/or destroy CHRI. 23 DISPOSAL OF CHRI 24 When CHRI is no longer needed, it shall be destroyed by burning, shredding or other method rendering 25 the information unreadable. Record destruction must be conducted under the supervision of the 26 director of schools. 27 MISUSE 28 Employees who misuse CHRI or violate this policy shall be subject to disciplinary action up to and 29 including termination. Any employee with knowledge of misuse shall immediately report a violation to 30 the director of schools. Page 2 of 3 5.118 Background Investigations Legal References Cross References 1. TCA 49-5-413 School Volunteers 4.501 2. TCA 49-5-406(a)(1); TCA 49-5-403: Application and Employment 5.106 TCA 49-5-413(a)(2), (e) Substitute Teachers 5.701 3. TCA 49-5-413(f) 4. TCA 49-5-413(c) 5. 34 USCA § 40316 Page 3 of 3 ## Table 1 | | Hickman County Board of | Education | | | --- | --- | --- | --- | | | Descriptor Term: | Descriptor Code: 5.118 | Issued Date: 12/09/24 | | | Background Investigations | Rescinds: 5.118 | Issued: 11/07/22 | ## Table 2 | 1 | USE AND DISSEMINATION | | --- | --- | | 2 3 4 | Fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for non-criminal justice purposes. 5 The director of schools shall ensure the Originating Agency Identifier number is on file at all times. | | 5 6 7 8 9 | Tennessee and FBI Criminal History Record Information (CHRI) obtained by the district shall be solely used to verify criminal violation(s) and shall not be disseminated. Results shall be considered confidential and only accessible to district personnel identified by the director of schools. CHRI shall only be accessed by authorized personnel in the performance of their duties and shall never be released to the public. | | 10 11 12 13 14 15 16 | All persons directly associated with the accessing, maintaining, processing, dissemination or destruction of CHRI must sign an awareness statement and shall indicate that they have been specially trained on the subject. The training shall provide those with access to criminal history record information with a working knowledge of federal and state regulations and laws governing the security and processing of criminal history information. The director of schools is responsible for ensuring that authorized personnel receive such training within 60 days of employment or job assignment and every three years. | | 17 | RETENTION AND SECURITY | | 18 19 20 21 22 | The Director of Schools shall develop procedures to ensure CHRI is stored in a secure location. Areas in which CHRI is processed and handled shall be restricted to authorized personnel identified by the Director of Schools. The area shall be out of the view of the public and unauthorized personnel. The Director of Schools shall maintain a list of all employees who have access to, can process, disseminate, and/or destroy CHRI. | | 23 | DISPOSAL OF CHRI | | 24 25 26 | When CHRI is no longer needed, it shall be destroyed by burning, shredding or other method rendering the information unreadable. Record destruction must be conducted under the supervision of the director of schools. | | 27 | MISUSE | | 28 29 30 | Employees who misuse CHRI or violate this policy shall be subject to disciplinary action up to and including termination. Any employee with knowledge of misuse shall immediately report a violation to the director of schools. |