INDIANA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
Policy: The Indiana School for the Blind and Visually Impaired is committed to providing the public with qualified staff who possess good character and standards. This policy will provide basic safeguards against employee dishonesty and assist in maintaining a safe work environment for employees, students, and school constituencies.
Purpose: To set minimum standards governing background checks for Indiana School for the Blind and Visually Impaired employment.
Scope: This policy applies to all merit and non-merit agencies subject to the jurisdiction of the State Personnel Department.
Definitions
Background Checks: Refers to all of the following checks: employment verification, educational verification, license verification, tax payment check, reference check, past employment check, criminal history check, sex offender registry check, court records check, motor vehicle check, credit history check, national criminal history database check. See Appendix A for general release of information form.
Employment Verification: Ensuring that the applicant actually worked all positions listed on the application/resume that qualify the individual for the position sought, and all employment during a period of at least seven (7) years immediately preceding application. Verification should include dates of employment, reasons for leaving, and an explanation for any periods of unemployment.
Educational Verification: Telephone contact or written verification to ensure that the applicant possesses all educational credentials on application/resume.
License Verification: Confirmation that the applicant possesses all the licenses on application/resume or otherwise necessary for position and determining the disposition of any proceedings against the license.
State Tax Payment Check: Information provided by the Indiana Department of Revenue to the Indiana School for the Blind and Visually Impaired as to whether an applicant is current in payment of state taxes.
Reference Check: Contacting the references provided by the applicant.
Past Employment Check: Interviews with the applicant's past supervisors.
State Criminal History Check: The most basic check on arrest(s) or criminal conviction(s) is the state criminal history check provided by the Indiana State Police. This check is limited to Indiana criminal history and can only discover the data that has been provided by local law enforcement agencies. It is available online through Access Indiana. For especially sensitive positions, agencies may consider checking court records in every jurisdiction where the applicant has lived, worked, or attended school. The Indiana School for the Blind and Visually Impaired will require applicants to secure and provide their state criminal history checks.
Sex Offender Registry Check: Accessing the Indiana Sex and Violent Offender Directory database, accessible on the Internet through Access Indiana and maintained and updated by the Criminal Justice Institute, for information on persons convicted of certain sex and violent crimes.
Court Records Check: Checking civil and criminal court records in jurisdictions where the applicant has lived or worked to determine any criminal history or civil judgments.
Motor Vehicle Check: Determining driving record information, including an applicant's driving record and status, available from the BMV online through Access Indiana.
Credit History Check: A credit history check may be used only where there is a business necessity. The Fair Credit Reporting Act (FCRA) requires a separate written notice and authorization before a report from a consumer reporting agency can be procured. If the employer proposes to deny employment or otherwise adversely affect an employee based on any information contained in a consumer report, the employer must make adverse action disclosures, which include two steps:
1. Before the adverse action is taken to not employ, the person must be provided a "Pre-Adverse Action Disclosure Statement" which includes:
a. A copy of the credit report
b. "Summary of your rights under the FCRA"
2. After taking adverse action, the person must be provided an "Adverse Action Notice", which includes:
a. Name, address, and phone number of the consumer reporting agency (CRA) supplying the report.
b. A statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the specific reasons why the adverse action was taken.
c. Notice that the person may dispute (with the consumer reporting agency) the accuracy or completeness of the information, and a right to an additional free credit report within sixty (60) days. An employer may not discriminate against an applicant or employee because of bankruptcy nor can an employee be discharged for garnishment proceedings.
See forms attached to this policy or at http://www.in.gov/icpr/webfile/formsdiv/pers.html.
Federal Criminal History Records Information (CHRI) Check: a nationwide criminal history database, access to which is limited by federal and state statutes. Under current law, applicants may obtain information on themselves from this data source. Employees or volunteers who have contact with children are also eligible for these nationwide checks. See procedure attached to this policy.
ISBVI Policy O-24
Reviewed and Approved: 1/11/10
ISBVI Superintendent: _______________________________ ____________
Date
ISBVI Board Chair: _______________________________ ____________
Date
INDIANA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
A) All persons appointed to Indiana School for the Blind and Visually Impaired positions shall have verified:
1. All work experience listed on application/resume that qualifies the individual for the position sought
2. All employment during a period of at least seven (7) years immediately preceding the date of application
3. All academic diplomas and degrees
4. Any required licensure
5. State Criminal History Check
B) All persons accepting conditional offers of employment for positions working directly with Indiana School for the Blind and Visually Impaired students or students from local school corporations and all individuals volunteering to provide direct services to Indiana School for the Blind and Visually Impaired students or students from local school corporations shall be subject to the highest level of criminal history check available under the law, utilizing the federal and state Criminal History Records Information (CHRI) system. All of these persons will be subject to the CHRI check, past employment, Sex and Violent Offender Registry, motor vehicle check, and any other checks the agency determines are appropriate.
NOTE: CHRI checks can take several weeks; therefore, the Indiana School for the Blind and Visually Impaired may consider making provisional offer of employment subject to successful completion of the criminal history check.
C) All persons accepting conditional offers of employment for positions that authorize disbursements shall be subject to additional background checks commensurate with their responsibilities, including but not limited to criminal history checks.
D) All persons accepting conditional offers of employment for Agency Head positions shall be subject to the following checks:
1. State Criminal History Check for employment purposes
2. Credit Check
3. License Verification
4. State Tax Payment Check
5. Motor Vehicle Record Check
6. Sex Offender Registry check
E) Procedures for a current employee being promoted or moved into a new/different position:
1. If the employee:
· Has worked exclusively for the Indiana School for the Blind and Visually Impaired for at least three years without a break in service,
· Is being promoted or moved to a new/different position, and
· Has had a comprehensive background check within the three year period, but greater than one year, the employee will be required to submit a Federal Criminal History Records Information (CHRI) check and any checks required by the new position that were not performed upon the employee’s initial hiring.
2. If the employee:
· Has worked exclusively for the Indiana School for the Blind and Visually Impaired for at least three years without a break in service,
· Is being promoted or moved to a new/different position, and
· Has had a comprehensive background check less than one (1) year ago, then the employee will be required to complete any checks required by the new position that were not performed upon initial hiring.
3. If the employee has not met either of the above sets of conditions, then the employee will be subject to the complete background check procedure.
The Indiana School for the Blind and Visually Impaired will review its policy annually to determine which of the above-defined checks are appropriate for other levels of management based on each manager's responsibilities.
The Department of Administration requires assurances in its QPA for temporary personnel that the backgrounds of those temporary personnel do not reveal relevant past criminality or dishonesty. The Indiana School for the Blind and Visually Impaired will restrict temporary personnel's access to sensitive information commensurate with the assurances provided on the QPA. In addition, the Indiana School for the Blind and Visually Impaired will not utilize the services of contractual personnel who do not satisfy the agency's criteria for employment.