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DBAA-AP: Recruitment, Hiring & Background Checks for Classified Staff

The West Fargo School District Board is committed to hiring individuals who will best meet the needs of the District consistent with budget limitations, with its goal to ensure student and staff safety, and in compliance with state and federal law.

Definitions

For the purposes of this policy:

  • Applicant is defined as any individual applying for a non-licensed position.
  • Crime is defined as a felony offense, misdemeanor, a violation of an ordinance, and charges that result from non-sufficient funds or “no account.”
  • Immediate family is defined as the employee's spouse, brother, sister, parents, children, stepchildren, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and any member of the employee's household.
  • Misconduct is defined as any action that caused discharge from previous employment.
  • Sexual offender is an individual meeting the criteria in NDCC 12.1-32-15 and/or is required to register under NDCC 12.1-32-15.
  • Unsupervised contact is defined in accordance with NDCC 12-60-24 as being in proximity to one or more students, on school grounds, or at school functions.

Recruitment and Hiring Authority:

The Board authorizes the Superintendent to hire non-licensed staff.  No action of the Board shall be necessary so long as the Board previously established the position and hiring is within budget limitations.

The employment of classified employees shall be at-will.

Background Checks:

The Superintendent shall require each applicant to certify in writing that s/he has never been charged with a crime or shall describe in writing the disposition of the charge.  Each applicant shall verify residency for the past five years and certify that s/he has not been required to register as a sexual offender in any state.  Each applicant shall be required to supply a complete work history from the past five years and furnish references. Each applicant applying for positions involving the transportation of students and/or the regular use of District vehicles shall certify, in writing, that s/he has no offenses on his/her driving record or explain, in writing, the nature of these offenses. Each applicant applying for a position involving regular access to district funds must consent to a credit check.

Each final applicant seeking a District position that allows for unsupervised contact with students must give authorization and submit to state and federal criminal history record checks.  The Superintendent may check all applicable sexual offender registries for all final applicants. The Superintendent shall conduct a driving record check for all final applicants seeking a position involving the transportation of students and/or regular use of District vehicles. When applicable, the Superintendent shall perform a credit check. The Superintendent may interview the final applicant’s former employer(s) and/or supervisor(s) and may check all references supplied by the applicant. The Superintendent shall develop regulations related to applicant notification and the carrying out of record checks.

Selection Process: 

The Superintendent shall make all hiring decisions on a case-by-case basis based on the applicant’s compatibility with the District’s mission statement; his/her short and, when applicable, long-term ability to perform job requirements, protect the integrity of the District, and promote the efficiency of District operations; and the applicant’s potential risk to district operations, students, and staff.  The Superintendent shall determine risk based on the following factors:

  1. The nature and gravity of any known misconduct and/or offense(s);
  2. The time that has passed since any known misconduct, criminal conviction, and/or completion of a sentence occurred;
  3. The nature of the job sought.

Final Applicant Rights:

Records obtained by the District for background and other record checks will be used solely for purposes that they were requested and will only be disseminated and retained in accordance with the personnel records policy. The Superintendent shall advise applicants that the procedure for obtaining, correcting, or updating federal records is contained in 28 CFR 16.34.  Before making a hiring determination, the Superintendent shall give the applicant a reasonable time to correct and/or complete his/her criminal history record or decline to do so.  The Superintendent shall follow the requirements under the Fair Credit Reporting Act if using credit reports to make employment decisions.

Disqualifying Factors:

Factors that may exclude an applicant from employment include but are not limited to the following:

  1. The applicant is a sexual offender or has committed an offense involving a child victim.
  2. The employment would create a direct supervisor-subordinate relationship with an immediate family member who is also an employee.  Employees who marry or become members of the same household may continue employment; however, a direct supervisor-subordinate relationship between the employees shall be avoided. 
  3. 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.

Adopted: 05/10/10
Reviewed: 22/22/22
Revised: 03/27/95