Policies » Section G: Personnel » GBCD: Background Investigation And Criminal Records Checks

Policy Date: 01/04/2024

CSD: GBCD
CANDIA SCHOOL DISTRICT
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK

The Superintendent, or his/her designee, will conduct a thorough investigation into the past employment
history, criminal history records, and other appropriate background of any applicant as defined in this
policy. This investigation shall be completed prior to making a final offer of employment, approving the
contract with an individual contracting directly with the District, or approving the assignment of an
employee of a contractor, a student teacher, or designated volunteer to work within the District.

The Superintendent shall develop a background investigation protocol for use in completing a background
investigation and shall keep a written record of all background investigations which have been done. For
the purposes of this policy the term “applicant” shall include an applicant for employment by the District,
an individual with whom the District may contract to provide services directly to students, any person
identified by a contractor with the District whom the contractor proposes to assign to provide services
directly to students, student teachers who are proposed to be placed in a District school, and designated
volunteers. All applicants will be subject to a criminal records history check meeting the minimum
requirements of law, however, the Superintendent’s protocol may specify additional background check
steps for specific groups of employees, such as verifying the educational achievements and employment
history of an applicant for a teaching position. The Superintendent’s protocol shall include a list of
felonies and misdemeanors, in addition to those specified in RSA 189:13-a, V, convictions of which shall
be disqualifying. The protocol shall require that an analysis be conducted of any pending charges or
convictions for crimes not on the statutory list of disqualifying offenses to determine whether the
applicant should be disqualified. The protocol shall take into consideration the time which has passed
since the conviction, the facts and circumstances of the charge or conviction, evidence of successful
rehabilitation and an extended period of lawful behavior. For charges pending disposition for offenses
not on the statutory list of disqualifying offenses, which the applicant discloses or which come to light
during the background check, the Superintendent shall consider all reliable information in assessing the
applicant’s suitability. The Superintendent shall assess whether, in light of the totality of the
circumstances, the pending charges or convictions raise reasonable cause to doubt the applicant’s
suitability for the position.

As part of the application process, each applicant shall be asked whether he/she has ever been convicted
of any crime that has not been annulled and whether there are any criminal charges pending against
him/her at the time of application. The applicant will also be directed to report any criminal charges
brought against him/her after the application is submitted and until either hired or notified that he or she
will not be hired. The falsification or omission of any information on a job application, during the
pendency of the application, or in a job interview, including, but not limited to, information concerning
criminal convictions that have not been annulled or pending criminal charges, may be grounds for
disqualification from consideration for employment or immediate discharge from employment.

Any applicant for employment for whom the Board requires a criminal history records check or their
employer in the case of an employee of a contractor shall pay all fees and costs associated with the
fingerprinting process and/or the submission or processing of the requests for the criminal history records
check, unless otherwise determined by the Board. Fees or costs associated with a background check of a
volunteer should be borne by the district.

Criminal History Records Check

Each applicant must submit to a background check and a criminal history records check with the State of
New Hampshire, including FBI national records as required by RSA 189:13-a and RSA 189:13-b. Refusal
to provide the required criminal history records release form and any other required releases to authorize
a background check will result in immediate disqualification and no further consideration for the position.

Volunteers

Designated Volunteers are subject to a background investigation/criminal records check and the
provisions of this policy. “Designated Volunteers” are defined and so designated pursuant to Policy
IJOC. Volunteers not categorized as “Designated Volunteers” per Policy IJOC will not be subject to a
background investigation or criminal records check.

Bus Driver and Monitors

Bus drivers and bus monitors employed by contractors shall have their criminal history records checks
processed by the New Hampshire Department of Education (NHED) as required by RSA 189:13-a and
RSA 189:13-b. Although NHED will conduct the criminal history records checks, the Superintendent or
designee may require a background investigation.

Substitute Teachers in SAU

Substitute teachers working in other districts in SAU 15 who have undergone a criminal history records
check within the last three years under RSA 189:13-a shall not be required to undergo an additional
criminal history records check unless required by the Superintendent.

Conditional Offer of Employment

Persons who have been selected for employment may be given a conditional offer of employment, with
the final offer subject to the successful completion of the background check, the State and FBI criminal
history records check, and a determination that there are no disqualifying pending charges or convictions.

No applicant selected for employment shall be extended a conditional offer of employment until the
Superintendent, or his/her designee, has initiated the formal State and FBI criminal history records check
process and a background investigation.

Any person who is offered conditional employment, by way of individual contract or other type of letter of
employment, will have clearly stated in such contract or letter of employment that his/her employment or
approval to work within the District as a contractor or employee of a contractor is entirely conditioned
upon the results of a criminal history records check and background check being satisfactory to the
District.

Final Offer of Employment

A person who has been extended a conditional offer of employment or conditional approval to work
within the District as a contractor or employee of a contractor may be extended a final offer of
employment or final approval upon the completion of a criminal history records check and a background
check which is satisfactory to the Superintendent.

No person with a conditional offer of employment shall be extended a final offer of employment if such
person has charges pending or has been convicted of any crime listed in RSA 189:13-a, V; or where such
person has been convicted of the same conduct in another state, territory, or possession of the United
States; or where such person has been convicted of the same conduct in a foreign country.

In addition to the felonies listed as disqualifying in pertinent and applicable law, a person may be denied
a final offer of employment if he/she has charges pending or has been convicted of any crime, either a
misdemeanor or felony, provided the basis for disqualifying the candidate is job related for the position in
question and is consistent with business necessity. Such determination will be made by the
Superintendent in accordance with the established protocol and on a case-by-case basis. If the
Superintendent chooses to nominate an applicant who has a history of conviction of a crime or with
pending charges for a position that must be approved by the School Board, the School Board shall be
informed that a criminal history exists, or that charges are pending. Pursuant to regulations of the United
Stated Dept. of Justice, and RSA 189:13-a, the Superintendent may NOT share with the Board
information directly gleaned from the criminal history records check regarding specific criminal charges,
arrests or convictions, etc.

The Superintendent, or designee, will transmit each applicant’s Criminal Record Release Authorization
Form and, where inked cards are used, the applicant’s fingerprint cards to the State Police. The State
Police will then conduct the criminal history records check and will provide the Superintendent with the
applicant’s criminal history record or confirmation that the individual does not have a record of being
charged with or convicted of a crime. In accordance with RSA 189:13-a, III, the Superintendent or
designee (Assistant Superintendent, Human Resources Director, or Business Administrator) shall review
the criminal history record form the State Police and shall destroy the document as required by RSA
189:13-a, lll-a.

When the District receives a notification of an employee, contractor, contractor’s employee, or volunteer
being charged with or convicted of a disqualifying offense under RSA 189:13-a, the Superintendent’s
protocol, or other crime which is evidence of the individual’s unsuitability to continue in their role, the
Superintendent shall take immediate appropriate action to remove the individual from contact with
students. The Superintendent will then take appropriate employment or other action, consistent with law
and any applicable employment agreement or contract to address the individual’s ongoing relationship
with the District. If the applicant’s criminal history indicates that the applicant has been charged pending
disposition for or has been convicted of a crime listed in RSA 189:13-a, V, the Superintendent shall notify
the New Hampshire Department of Education.

Additionally, a person may be denied a final offer of employment if the Superintendent becomes aware of
other conduct which he/she determines would render the person unsuitable to perform the
responsibilities of the position involved. Such determinations shall be made on a case-by-case basis.

Additional Criminal Records Checks

The Board may require a criminal history records check of any employee, an individual with whom the
District has contracted to provide services directly to students, any person identified by a contractor with
the District who has been assigned to provide services directly to students, student teachers who are
placed in a District school, and designated volunteers at any time.

Child Sexual Abuse Prevention Education and Training

Any person required to have a criminal background check under this policy shall be provided
informational materials, training, or other education, either online or in person, concerning child abuse, or
reporting mandates. The training must be completed within thirty days of employment or commencement
of services to the district and renewed every two years.

Legal Reference:
RSA 189:13-a, School Employee and Volunteer Background Investigations
RSA 189:13-b, School Bus Driver and Transportation Monitor Criminal History Records Check

Adopted: June 1, 2000
Revised: May 5, 2011, January 5, 2017, December 6, 2017, February 9, 2023, January 4, 2024