5:30AP2 General Personnel
 
 

Administrative Procedure - Investigations

Immigration Investigation
All newly hired employees must complete an Immigration and Naturalization Service Form I-9 no later than 3 business days following their first working day.  If an individual is unable to provide the required documents to complete the Form I-9 within the 3-day period, the individual must present a receipt for the application of the documents within 3 days of the hire and present the required documents within 90 days of the hire.

The completed Form I-9 shall be maintained in a file separate from other personnel records in order to prevent unauthorized review of personnel files.  The Form I-9 shall be retained for a period of 3 years after the date of hire or one year after individual employment is terminated, whichever is later.

Criminal History Records Check
The following individuals are responsible for the actions listed:
Applicant:  Each applicant for employment in any position (except bus driver) must provide a written authorization for a fingerprint-based criminal history records check at the time he or she submits the application.
Applicants for Bus Driver: Each applicant for a bus driver position must complete the application required by the Secretary of State for a school bus driver permit (obtained from the District) and submit it to the District along with the necessary fingerprint submission as required by the Department of State Police to conduct a fingerprint-based criminal history records check.  The Superintendent or designee will conduct a pre-employment interview with prospective school bus driver candidates, distribute school bus driver applications and medical forms, and submit the applicant’s fingerprint cards to the Department of State Police.  The Superintendent or designee will certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed, including the successful completion of a criminal history records check as required by State law.  The applicant must present the certification to the Secretary of State at the time of submitting the school bus driver permit application.

Superintendent:

  1. Fingerprint-Based Criminal History Records Check - The Superintendent or designee completes the required forms in order to request a fingerprint-based criminal history records check from an appropriate police or live scan agency.  This may include submitting the applicant’s name, sex, race, date of birth, social security number, fingerprint images, and other identifiers to the Department of State Police on forms prescribed by the Department.  The Superintendent or designee will provide the applicant with a copy of the conviction record obtained from the State Police.
  2. Check of the statewide offender databases - The Superintendent or designee performs a check for each applicant of the:
    1. Statewide Sex Offender Database (a/k/a Sex Offender Registry), www.isp.state.il.us/sor, as authorized by the Sex Offender Community Notification Law (730 ILCS 152), .  101 et seq., as amended by P.A. 94-945, and
    2. The Statewide Child Murderer and Violent Offender Against Youth Database, as authorized by the Child Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105, as added by P.A. 94-945).
The Superintendent or designee notifies an applicant if the applicant is identified in the database as a sex offender.

State Police and FBI:  The Department of State Police and FBI furnish records of convictions (until expunged), pursuant to a fingerprint-based criminal history records check, to the School Board President.

Board President
:  The Board President keeps a conviction record confidential and shares it only with the Superintendent, Regional Superintendent, State Superintendent of Schools, State Teacher Certification Board, or any other person necessary to the hiring decision.

Regional Superintendent
:  Whenever an applicant is seeking employment in more than one District as either a substitute or part-time teacher or educational support personnel employee, the Superintendent or designee may require the applicant to authorize the Regional Superintendent to conduct the check.  The Regional Superintendent also performs a check of the Statewide Sex Offender Database, www.isp.state.il.us/sor, as authorized by the Sex Offender  Community Notification Law (730 ILCS 152/115, as amended by P.A. 94-948) and Child Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105)..
Contractors:  The above requirements for fingerprint-based criminal history records check apply to every employee or agent of any contractor if the employee or agent has direct, daily contact with students. The contractor must provide the District with the name and address of each employee who will perform work on school property and obtain a fingerprint-based criminal history records check for all such employees.  No person may work on school grounds who has been convicted of committing or attempting to commit any one or more of the offenses cited in 1 and 2 below.

The School District will not knowingly employ a person who:

  1. Has been convicted of committing or attempting to commit any one or more of the following offenses:
    1. Attempted first-degree murder or first-degree murder or any Class X felony.
    2. Those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961.
    3. Those defined in the Cannabis Control Act, 720 ILCS 550/1 et seq., except 720 ILCS 550/4(a), 550/4(b), and 550/5(a).
    4. Those defined in the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.
    5. Any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in Illinois, would have been punishable as one or more of the foregoing offenses.

  2. Has been found to be the perpetrator of sexual or physical abuse of any minor less than 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

Reporting New Hires
The Superintendent or designee shall timely file an IRS Form W-4 or IDES New Hire Reporting Form for each newly hired employee with the Illinois Department of Employment Security.

Reviewed: May 17, 2004
Adopted: August 23, 2004
Revisions Adopted: January 24, 2005; December 19, 2005; December 18, 2006