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4000.1T
SERIES 4000 C-19: PERSONNEL
This policy supersedes existing policy 4112.5P Employment Checks.
This policy will be reevaluated by the Board of Education post-pandemic.
EMPLOYMENT CHECKS
Temporary amendments to this policy related to the COVID-19 pandemic have been
made to section III. All temporary revisions appear in highlighted bold italics or
strikethrough text.
On March 17, 2020, Governor Lamont issued Executive Order No. 7E, authorizing the
Department of Emergency Services and Public Protection (“DESPP”) to suspend
temporarily the availability of required fingerprinting. Via Executive Order No. 7M,
Governor Lamont authorized commissioners and certain other government officials to
extend, as necessary to respond to the COVID-19 pandemic, statutory or regulatory time
requirements pertaining to their jurisdiction for a period not to exceed 90 days.
Pursuant to Executive Order No. 7M, on April 21, 2020, Commissioner Cardona ordered
a deferral, for a period of up to 90 days, of fingerprinting requirements while such
fingerprinting was unavailable. Commissioner Cardona also stated that, once DESPP
resumed collection and processing of fingerprints for criminal history records checks,
districts must require that applicants hired during the deferral period be fingerprinted
within 30 days of the time DESPP resumes such activities (60 days for student teachers).
According to DESPP’s website, as of June 15, 2020, fingerprinting services resumed by
appointment only. Therefore, any applicants/employees whose fingerprinting
requirements had been deferred must be fingerprinted by July 15, 2020. At present,
new hires and student teachers scheduled for the fall will not be affected, given the
reinstitution of fingerprint processing.
However, in the event that fingerprinting is again suspended at some point during the
2020-2021 school year, this policy is revised to state that all timelines apply unless an
order of the Governor or the Commissioner of Education provides otherwise.
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As set forth below, each applicant for a position with the district, and each student who
is enrolled in a teacher preparation program, as defined in section 10-10a of the
Connecticut General Statutes, and completing his or her student teaching experience in
the district, shall be asked to provide in writing: (1) whether he/she has ever been
convicted of a crime; (2) whether there are any criminal charges pending against
him/her at the time of the application and, if charges are pending, to state the charges
and the court in which such charges are pending; and (3) whether the applicant is
included on the Abuse and Neglect Registry of the Connecticut Department of Children
and Families (“DCF”) (the “Registry”). If the applicant’s current or most recent
employment occurred out of state, the applicant will also be asked whether he/she is
included on an equivalent database and/or abuse/neglect registry maintained in that
other state. Applicants shall not be required to disclose any arrest, criminal charge or
conviction that has been erased.
In addition, the district shall conduct an employment history check for each applicant
for a position, as set forth below.
For the purposes of this policy:
“Sexual misconduct means” any verbal, nonverbal, written, or electronic
communication, or any other act directed toward or with a student that is designed to
establish a sexual relationship with the student, including a sexual invitation, dating or
soliciting a date, engaging in sexual dialog, making sexually suggestive comments,
self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual,
indecent, or erotic contact with a student.
“Abuse or neglect” means abuse or neglect as described in Conn. Gen. Stat. § 46b-120,
and includes any violation of Conn. Gen. Stat. §§ 53a-70 (sexual assault in the first
degree), 53a-70a (aggravated sexual assault in the first degree), 53a-71 (sexual assault in
the second degree), 53a-72a (sexual assault in the third degree), 53a-72b (sexual assault
in the third degree with a firearm), or 53a-73a (sexual assault in the fourth degree).
“Former employer” means any person, firm, business, educational institution, nonprofit
agency, corporation, limited liability company, the state, any political subdivision of the
state, any governmental agency, or any other entity that such applicant was employed
by during any of the previous twenty years prior to applying for a position with a local or
regional board of education.
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I. Employment History Check Procedures
A. The district shall not offer employment to an applicant for a
position, including any position that is contracted for, if such applicant
would have direct student contact, prior to the district:
1. Requiring the applicant:
a. to list the name, address, and telephone number of
each current employer or former employer (please note
the definition of “former employer” above, including the
applicable twenty year reporting period) during any of the
previous twenty years, if:
(i) such current or former employer is/was a
local or regional board of education, council of a
state or local charter school, interdistrict magnet
school operator, or a supervisory agent of a
nonpublic school, and/or
(ii) the applicant’s employment with such
current or former employer caused the applicant
to have contact with children.
b. to submit a written authorization that
(i) consents to and authorizes disclosure by
the employers listed under paragraph I.A.1.a of this
policy of the information requested under
paragraph I.A.2 of this policy and the release of
related records by such employers,
(ii) consents to and authorizes disclosure by
the Department of Education of the information
requested under paragraph I.A.3 of this policy and
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the release of related records by the department,
and
(iii) releases those employers and the
Department of Education from liability that may
arise from such disclosure or release of records
pursuant to paragraphs I.A.2 or I.A.3 of this policy;
and
c. to submit a written statement of whether the
applicant
(i) has been the subject of an abuse or neglect
or sexual misconduct investigation by any
employer, state agency or municipal police
department, unless the investigation resulted in a
finding that all allegations were unsubstantiated,
(ii) has ever been disciplined or asked to resign
from employment or resigned from or otherwise
separated from any employment while an
allegation of abuse or neglect was pending or
under investigation by DCF, or an allegation of
sexual misconduct was pending or under
investigation or due to an allegation substantiated
pursuant to Conn. Gen. Stat. § 17a-101g or abuse
or neglect, or of sexual misconduct or a conviction
for abuse or neglect or sexual misconduct, or
(iii) has ever had a professional or occupational
license or certificate suspended or revoked or has
ever surrendered such a license or certificate while
an allegation of abuse or neglect was pending or
under investigation by DCF or an investigation of
sexual misconduct was pending or under
investigation, or due to an allegation substantiated
by DCF of abuse or neglect or of sexual misconduct
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or a conviction for abuse or neglect or sexual
misconduct;
2. Conducting a review of the employment history of the
applicant by contacting those employers listed by the applicant
under paragraph I.A.1.a of this policy. Such review shall be
conducted using a form developed by the Department of
Education, which shall request the following:
a. the dates employment of the applicant, and
b. a statement as to whether the employer has
knowledge that the applicant:
(i) was the subject of an allegation of abuse or
neglect or sexual misconduct for which there is an
investigation pending with any employer, state
agency, or municipal police department or which
has been substantiated;
(ii) was disciplined or asked to resign from
employment or resigned from or otherwise
separated from any employment while an
allegation of abuse or neglect or sexual misconduct
was pending or under investigation, or due to a
substantiation of abuse or neglect or sexual
misconduct; or
(iii) has ever had a professional or occupational
license, certificate, authorization or permit
suspended or revoked or has ever surrendered
such a license, certificate, authorization or permit
while an allegation of abuse or neglect or sexual
misconduct was pending or under investigation, or
due to a substantiation of abuse or neglect or
sexual misconduct. Such review may be conducted
telephonically or through written communication.
Notwithstanding the provisions of subsection (f) of
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Conn. Gen. Stat. § 31-51i, not later than five (5)
business days after the district receives a request
for such information about an employee or former
employee, the district shall respond with such
information. The district may request more
information concerning any response made by a
current or former employer for information about
an applicant, and, notwithstanding subsection (f),
such employer shall respond not later than five (5)
business days after receiving such request.
3. Requesting information from the Department of Education
concerning:
a. the eligibility status for employment of any
applicant for a position requiring a certificate,
authorization or permit,
b. whether the Department of Education has
knowledge that a finding has been substantiated by DCF
pursuant to Conn. Gen. Stat. § 17a-101g of abuse or
neglect or of sexual misconduct against the applicant and
any information concerning such a finding, and
c. whether the Department of Education has received
notification that the applicant has been convicted of a
crime or of criminal charges pending against the applicant
and any information concerning such charges
B. Notwithstanding the provisions of subsection (f) of Conn. Gen.
Stat. § 31-51i, if the district receives information that an applicant for a
position with or an employee of the board has been disciplined for a
finding of abuse or neglect or sexual misconduct, it shall notify the
Department of Education of such information.
C. The district shall not employ an applicant for a position involving
direct student contact who does not comply with the provisions of
paragraph I.A.1 of this policy.
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D. The district may employ or contract with an applicant on a
temporary basis for a period not to exceed ninety (90) calendar days,
pending the district’s review of information received under this section,
provided:
1. The applicant complied with paragraph I.A.1 of this policy;
2. The district has no knowledge of information pertaining to
the applicant that would disqualify the applicant from
employment with the district; and
3. The applicant affirms that the applicant is not disqualified
from employment with the district.
E. The district shall not enter into a collective bargaining agreement,
an employment contract, an agreement for resignation or termination, a
severance agreement, or any other contract or agreement or take any
action that:
1. Has the effect of suppressing information relating to an
investigation of a report of suspected abuse or neglect or sexual
misconduct by a current or former employee;
2. Affects the ability of the district to report suspected abuse
or neglect or sexual misconduct to appropriate authorities; or
3. Requires the district to expunge information about an
allegation or a finding of suspected abuse or neglect or sexual
misconduct from any documents maintained by the district,
unless, after investigation, such allegation is dismissed or found to
be false.
F. The district shall not offer employment to a person as a substitute
teacher, unless such person and the district comply with the provisions of
paragraph I.A.1 of this policy. The district shall determine which such
persons are employable as substitute teachers and maintain a list of such
persons. The district shall not hire any person as a substitute teacher
who is not on such list. Such person shall remain on such list as long as
such person is continuously employed by the district as a substitute
teacher as described in paragraph III.B.2 of this policy, provided the
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district does not have any knowledge of a reason that such person should
be removed from such list.
G. In the case of an applicant who is a contractor, the contractor
shall require any employee with such contractor who would be in a
position involving direct student contact to supply to such contractor all
the information required of an applicant under paragraphs I.A.1.a and
I.A.1.c of this policy and a written authorization under paragraph I.A.1.b
of this policy. Such contractor shall contact any current or former
employer (please note the definition of “former employer” above,
including the applicable twenty year reporting period) of such employee
that was a local or regional board of education, council of a state or local
charter school, interdistrict magnet school operator, or a supervisory
agent of a nonpublic school, or if the employee’s employment with such
current or former employer caused the employee to have contact with
children, and request, either telephonically or through written
communication, any information concerning whether there was a finding
of abuse or neglect or sexual misconduct against such employee.
Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. §
31-51i, such employer shall report to the contractor any such finding,
either telephonically or through written communication. If the
contractor receives any information indicating such a finding or
otherwise receives any information indicating such a finding or otherwise
has knowledge of such a finding, the contractor shall, notwithstanding
the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, immediately
forward such information to the district, either telephonically or through
written communication. If the district receives such information, it shall
determine whether such employee may work in a position involving
direct student contact at any school in the district. No determination by
the district that any such employee shall not work under any such
contract in any such position shall constitute a breach of such contract.
H. Any applicant who knowingly provides false information or
knowingly fails to disclose information required in subdivision (1) of
subsection (A) of this section shall be subject to discipline by the district
that may include
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1. denial of employment, or
2. termination of the contract of a certified employee, in
accordance with the provisions of Conn. Gen. Stat. § 10-151.
I. If the district provides information in accordance with paragraph
I.A.2 or I.G of this policy, the district shall be immune from criminal and
civil liability, provided the district did not knowingly supply false
information.
J. Notwithstanding the provisions of Conn. Gen. Stat. § 10-151c and
subsection (f) of Conn. Gen. Stat. § 31-51i, the district shall provide, upon
request by another local or regional board of education, governing
council of a state or local charter school, interdistrict magnet school
operator, or supervisory agent of a nonpublic school for the purposes of
an inquiry pursuant to paragraphs I.A.2 or I.G of this policy or to the
Commissioner of Education pursuant to paragraph I.B of this policy any
information that the district has concerning a finding of abuse or neglect
or sexual misconduct by a subject of any such inquiry.
K. Prior to offering employment to an applicant, the district shall
make a documented good faith effort to contact each current and any
former employer (please note the definition of “former employer”
employer above, including the applicable twenty year reporting period)
of the applicant that was a local or regional board of education,
governing council of a state or local charter school, interdistrict magnet
school operator, or supervisory agent of a nonpublic school, or if the
applicant’s employment with such current or former employer caused
the applicant to have contact with children in order to obtain information
and recommendations that may be relevant to the applicant’s fitness for
employment. Such effort, however, shall not be construed to require
more than three telephonic requests made on three separate days.
L. The district shall not offer employment to any applicant who had
any previous employment contract terminated by a local or regional
board of education, council of a state or local charter school, interdistrict
magnet school operator, or a supervisory agent of a nonpublic school, or
who resigned from such employment, if the person has been convicted of
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a violation of Conn. Gen. Stat. § 17a-101a, when an allegation of abuse or
neglect or sexual assault has been substantiated.
II. DCF Registry Checks
Prior to hiring any person for a position with the district, and before a student who is
enrolled in a teacher preparation program, as defined in section 10-10a of the
Connecticut General Statutes, and completing his or her student teaching experience
with the district, begins such student teaching experience, the district shall require such
applicant or student to submit to a records check of information maintained on the
Registry concerning the applicant.
For any applicant whose current or most recent employment occurred out of state, the
district shall request that the applicant provide the district with authorization to access
information maintained concerning the applicant by the equivalent state agency in the
state of most recent employment, if such state maintains information about abuse and
neglect and has a procedure by which such information can be obtained. Refusal to
permit the district to access such information shall be considered grounds for rejecting
any applicant for employment.
The district shall request information from the Registry [or its out of state equivalent]
promptly, and in any case no later than thirty (30) calendar days from the date of
employment. Registry checks will be processed according to the following procedure:
A. No later than ten (10) calendar days after the Superintendent or
his/her designee has notified a job applicant of a decision to offer
employment to the applicant, or as soon thereafter as practicable, the
Superintendent or designee will either obtain the information from the
Registry or, if the applicant’s consent is required to access the
information, will supply the applicant with the release form utilized by
DCF[, or its out of state equivalent when available,] for obtaining
information from the Registry.
B. If consent is required to access the Registry, no later than ten (10)
calendar days after the Superintendent or his/her designee has provided
the successful job applicant with the form, the applicant must submit the
signed form to DCF [or its out of state equivalent], with a copy to the
Superintendent or his/her designee. Failure of the applicant to submit
the signed form to DCF or its out of state equivalent within such ten-day
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period, without good cause, will be grounds for the withdrawal of the
offer of employment.
C. Upon receipt of Registry [or out-of-state registry] information
indicating previously undisclosed information concerning abuse or
neglect investigations concerning the successful job applicant/employee,
the Superintendent or his/her designee will notify the affected
applicant/employee in writing of the results of the Registry check and will
provide an opportunity for the affected applicant/employee to respond
to the results of the Registry check.
D. If notification is received by the Superintendent or designee that
that the applicant is listed as a perpetrator of abuse or neglect on the
Registry, the Superintendent or designee shall provide the applicant with
an opportunity to be heard regarding the results of the Registry check. If
warranted by the results of the Registry check and any additional
information provided by the applicant, the Superintendent or designee
shall revoke the offer of employment and/or terminate the applicant’s
employment if he or she has already commenced working for the district.
● III. Criminal Records Check Procedure
A. Each person hired by the district shall be required to submit to
state and national criminal record checks within thirty (30) calendar days
from the date of employment. Each student who is enrolled in a teacher
preparation program, as defined in section 10-10a of the Connecticut
General Statutes, and completing his or her student teaching experience
with the district, shall be required to submit to state and national
criminal record checks within sixty (60) calendar days from the date such
student begins to perform such student teaching experience. Record
checks will be processed according to the following procedure, except as
noted in paragraph III.C. of this policy:*
1. No later than five (5) calendar days after the
Superintendent or his/her designee has notified a job applicant of
a decision to hire the applicant, or as soon thereafter as
practicable, the Superintendent or his/her designee will provide
the applicant with a packet containing all documents and
materials necessary for the applicant to be fingerprinted by the
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Colchester Police Department. This packet shall also contain all
documents and materials necessary for the police department to
submit the completed fingerprints to the State Police Bureau of
Identification for the processing of state and national criminal
record checks. The Superintendent or his/her designee will also
provide each applicant with the following notifications before the
applicant obtains his/her fingerprints: (1) Agency Privacy
Requirements for Noncriminal Justice Applicants; (2) Noncriminal
Justice Applicant’s Privacy Rights; (3) and the Federal Bureau of
Investigation, United States Department of Justice Privacy Act
Statement.
2. No later than ten (10) calendar days after the
Superintendent or his/her designee has provided the successful
job applicant with the fingerprinting packet, the applicant must
arrange to be fingerprinted by the Colchester Police Department.
Failure of the applicant to have his/her fingerprints taken within
such ten-day period, without good cause, will be grounds for the
withdrawal of the offer of employment.
3. Any person for whom criminal records checks are required
to be performed pursuant to this policy must pay all fees and
costs associated with the fingerprinting process and/or the
submission or processing of the requests for criminal record
checks. Fees and costs associated with the fingerprinting process
and the submission and process of requests are waived for
student teachers, in accordance with state law.
4. Upon receipt of a criminal record check indicating a
previously undisclosed conviction, the Superintendent or his/her
designee will notify the affected applicant/employee in writing of
the results of the record check and will provide an opportunity for
the affected applicant/employee to respond to the results of the
criminal record check. The affected applicant/employee may
notify the Superintendent or his/her designee in writing within
five (5) calendar days that the affected/employee will challenge
his/her criminal history record check. Upon written notification to
the Superintendent or his/her designee of such a challenge, the
affected applicant/employee shall have ten (10) calendar days to
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provide the Superintendent or his/her designee with necessary
documentation regarding the affected applicant/employee’s
record challenge. The Superintendent or his/her designee may
grant an extension to the preceding ten-day period during which
the affected applicant/employee may provide such
documentation for good cause shown.
5. Decisions regarding the effect of a conviction upon an
applicant/employee, whether disclosed or undisclosed by the
applicant/employee, will be made on a case-by-case basis.
Notwithstanding the foregoing, 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, shall be grounds for disqualification
from consideration for employment or discharge from
employment.
6. Notwithstanding anything in paragraph III.A.5 of this
Policy, above, no decision to deny employment or withdraw an
offer of employment on the basis of an applicant/employee’s
criminal history record shall be made without affording the
applicant/employee the opportunities set forth in paragraph
III.A.4 of this Policy, above.
B. Criminal Records Check for Substitute Teachers:
A substitute teacher who is hired by the district must submit to state and
national criminal history record checks according to the procedures
outlined above, subject to the following:
1. If the state and national criminal history record checks for
a substitute teacher have been completed within one year prior
to the date the district hired the substitute teacher, and if the
substitute teacher arranged for such prior criminal history record
checks to be forwarded to the Superintendent, then the
substitute teacher will not be required to submit to another
criminal history record check at the time of such hire.
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2. If a substitute teacher submitted to state and national
criminal history record checks upon being hired by the district,
then the substitute teacher will not be required to submit to
another criminal history record check so long as the substitute
teacher is continuously employed by the district, that is,
employed for at least one day of each school year, by the district,
provided a substitute teacher is subjected to such checks at least
once every five years.
C. Criminal Records Check During the COVID-19 Pandemic
The timelines regarding state and national criminal record checks
identified in paragraph III.A. and III.A.2 may be modified by the district in
accordance with any executive order issued by the Governor or any order
issued by the Commissioner of Education that is related to the COVID-19
pandemic or public health emergency and in effect at the time a person is
offered a position or hired by the district or a student teacher is offered a
position or begins to perform his or her student teaching experience
within the district. Notwithstanding any such modifications, the
provisions of paragraphs III.A.3, III.A.4 and III.A.5 of this policy remain in
effect. If any timelines are so extended or deferred, the district will
continue to perform background checks to the greatest extent
practicable and in accordance with applicable law.
IV. Sex Offender Registry Checks
School district personnel shall cross-reference the Connecticut Department of Public
Safety’s sexual offender registry prior to hiring any new employee and before a student
who is enrolled in a teacher preparation program, as defined in section 10-10a of the
Connecticut General Statutes, and completing his or her student teaching experience
with the district, begins such student teaching experience. Registration as a sexual
offender constitutes grounds for denial of employment opportunities and opportunities
to perform student teaching experiences in the school district.
V. Credit Checks
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The district may also ask a prospective employee for a credit report for employment for
certain district positions, where the district’s receipt of a credit report is substantially
related to the employee’s potential job. Substantially related is defined to mean “the
information contained in the credit report is related to the position for which the
employee or prospective employee who is the subject of the report is being evaluated.”
Prior to asking for a credit report, the district will determine whether the position falls
within one of the categories as described in this paragraph. The position must: (1) be a
managerial position which involves setting the direction or control of the district; (2)
involve access to employees’ personal or financial information; (3) involve a fiduciary
responsibility to the district, including, but not limited to, the authority to issue
payments, collect debts, transfer money or enter into contracts; (4) provide an expense
account or district debit or credit card; or (5) involve access to the district’s nonfinancial
assets valued at two thousand five dollars or more.
When a credit report will be requested as part of the employment process, the district
will provide written notification to prospective employee regarding the use of credit
checks. That notification must be provided in a document separate from the
employment application. The notification must state that the district may use the
information in the consumer credit report to make decisions related to the individual’s
employment.
The district will obtain consent before performing the credit or other background
checks. If the district intends to takes an action adverse to a potential employee based
on the results of a credit report, the district must provide the prospective employee
with a copy of the report on which the district relied in making the adverse decision, as
well as a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” which
should be provided by the company that provides the results of the credit check. The
district will notify the prospective employee either orally, in writing or via electronic
means that the adverse action was taken based on the information in the consumer
report. That notice must include the name, address and phone number of the
consumer reporting company that supplied the credit report; a statement that the
company that supplied the report did not make the decision to take the unfavorable
action and cannot provide specific reasons for the district’s actions; and a notice of the
person’s right to dispute the accuracy or completeness of any information the consumer
reporting company furnished, and to get an additional free report from the company if
the person asks for it within sixty (60) calendar days.
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VI. Notice of Conviction
If, at any time, the district receives notice of a conviction of a crime by a person holding
a certificate, authorization or permit issued by the State Board of Education, the district
shall send such notice to the State Board of Education. In complying with this
requirement, the district shall not disseminate the results of any national criminal
history records check.
VII. School Nurses
School nurses or nurse practitioners appointed by, or under contract with, the district
shall also be required to submit to a criminal history records check in accordance with
the procedures outlined above.
VIII. Personal Online Accounts
For purposes of these Administrative Regulations, “personal online account”
means any online account that is used by an employee or applicant exclusively
for personal purposes and unrelated to any business purpose of the district,
including, but not limited to, electronic mail, social media and retail-based
Internet web sites. “Personal online account” does not include any account
created, maintained, used or accessed by an employee or applicant for a
business purpose of the district.
A. During the course of an employment check, the district may not:
1. request or require that an applicant provide the district
with a user name and password, password or any other
authentication means for accessing a personal online account;
2. request or require that an applicant authenticate or access
a personal online account in the presence of the district; or
3. require that an applicant invite a supervisor employed by
the district or accept an invitation from a supervisor employed by
the district to join a group affiliated with any personal online
account of the applicant.
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B. The district may request or require that an applicant provide the
district with a user name and password, password or any other
authentication means for accessing:
1. any account or service provided by district or by virtue of
the applicant’s employment relationship with the district or that
the applicant uses for the distric’s business purposes, or
2. any electronic communications device supplied or paid for,
in whole or in part, by the district.
C. In accordance with applicable law, the district maintains the right
to require an applicant to allow the district to access his or her personal
online account, without disclosing the user name and password,
password or other authentication means for accessing such personal
online account, for the purpose of:
1. conducting an investigation for the purpose of ensuring
compliance with applicable state or federal laws, regulatory
requirements or prohibitions against work-related employee
misconduct based on the receipt of specific information about
activity on an applicant’s personal online account; or
2. conducting an investigation based on the receipt of
specific information about an applicant’s unauthorized transfer of
the district’s proprietary information, confidential information or
financial data to or from a personal online account operated by an
applicant or other source.
IX. Policy Inapplicable to Certain Individuals
This policy shall also not apply to:
A. A student employed by the district who attends a district
school.
B. A person employed by the district as a teacher for a
noncredit adult class or adult education activity, as defined in Conn. Gen.
Stat. § 10-67, who is not required to hold a teaching certificate pursuant
to Conn. Gen. Stat. § 10-145b for his or her position.
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X. Falsification of Records.
Notwithstanding any other provisions of this policy, the falsification or omission of any
information on a job application or in a job interview, including but not limited to
information concerning abuse or neglect investigations or pending criminal applications,
shall be grounds for disqualification from consideration for employment or discharge
from employment.
Legal References: Conn. Gen. Stat. § 10-212
Conn. Gen. Stat. § 10-221
Conn. Gen. Stat. § 10-222c
Conn. Gen. Stat. § 31-40x
Conn. Gen. Stat. § 31-51i
Conn. Gen. Stat. § 31-51tt
Public Act 19-91, “An Act Concerning Various Revisions and
Additions to the Education Statutes.”
Elementary and Secondary Education Act, reauthorized as the
Every Student Succeeds Act, Pub. L. 114-95, codified at 20
U.S.C.§ 1001 et seq.
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
TEMPORARY POLICY ADOPTED: August 17, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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Agency Privacy Requirements for Noncriminal Justice Applicants
Authorized governmental and non-governmental agencies/officials that conduct a
national fingerprint-based criminal history record check on an applicant for a
noncriminal justice purpose (such as a job or license, immigration or naturalization
matter, security clearance, or adoption) are obligated to ensure the applicant is
provided certain notice and other information and that the results of the check are
handled in a manner that protects the applicant’s privacy.
· Officials must provide to the applicant written notice[1] that his/her
fingerprints will be used to check the criminal history records of the FBI.
· Officials using the FBI criminal history record (if one exists) to make a
determination of the applicant’s suitability for the job, license, or other benefit
must provide the applicant the opportunity to complete or challenge the
accuracy of the information in the record.
· Officials must advise the applicant that procedures for obtaining a change,
correction, or updating of an FBI criminal history record are set forth at Title 28,
Code of Federal Regulations (CFR), Section 16.34.
· Officials should not deny the job, license, or other benefit based on
information in the criminal history record until the applicant has been afforded a
reasonable time to correct or complete the record or has declined to do so.
· Officials must use the criminal history record solely for the purpose
requested and cannot disseminate the record outside the receiving department,
related agency, or other authorized entity.[2]
The FBI has no objection to officials providing a copy of the applicant’s FBI criminal
history record to the applicant for review and possible challenge when the record was
obtained based on positive fingerprint identification. If agency policy permits, this
courtesy will save the applicant the time and additional FBI fee to obtain his/her record
directly from the FBI by following the procedures found at 28 CFR 16.30 through 16.34.
It will also allow the officials to make a more timely determination of the applicant’s
suitability.
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Each agency should establish and document the process/procedures it utilizes for
how/when it gives the applicant notice, what constitutes “a reasonable time” for the
applicant to correct or complete the record, and any applicant appeal process that is
afforded the applicant. Such documentation will assist State and/or FBI auditors during
periodic compliance reviews on use of criminal history records for noncriminal justice
purposes.
If you need additional information or assistance, contact:
Connecticut Records: Out-of-State Records:
Department of Emergency Services and Agency of Record
Public Protection
OR
State Police Bureau of Identification (SPBI)
FBI CJIS Division-Summary
1111 Country Club Road Request
Middletown, CT 06457 1000 Custer Hollow Road
860-685-8480 Clarksburg, West Virginia 26306
Noncriminal Justice Applicant’s Privacy Rights
As an applicant who is the subject of a national fingerprint-based criminal history record
check for a noncriminal justice purpose (such as an application for a job or license, an
immigration or naturalization matter, security clearance, or adoption), you have certain
rights which are discussed below.
· You must be provided written notification[3] by Colchester Public Schools
that your fingerprints will be used to check the criminal history records of the
FBI.
· If you have a criminal history record, the officials making a determination
of your suitability for the job, license, or other benefit must provide you the
opportunity to complete or challenge the accuracy of the information in the
record.
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· The officials must advise you that the procedures for obtaining a change,
correction, or updating of your criminal history record are set forth at Title 28,
Code of Federal Regulations (CFR), Section 16.34.
· If you have a criminal history record, you should be afforded a reasonable
amount of time to correct or complete the record (or decline to do so) before
the officials deny you the job, license, or other benefit based on information in
the criminal history record.[4]
● You have the right to expect that officials receiving the results of the criminal
history record check will use it only for authorized purposes and will not retain or
disseminate it in violation of federal statute, regulation or executive order, or
rule, procedure or standard established by the National Crime Prevention and
Privacy Compact Council.[5]
● If agency policy permits, the officials may provide you with a copy of your FBI
criminal history record for review and possible challenge. If agency policy does
not permit it to provide you a copy of the record, you may obtain a copy of the
record by submitting fingerprints and a fee to the FBI. Information regarding this
process may be obtained at
http://www.fbi.gov/about-us/cjis/background-checks.
● If you decide to challenge the accuracy or completeness of your FBI criminal
history record, you should send your challenge to the agency that contributed
the questioned information to the FBI. Alternatively, you may send your
challenge directly to the FBI at the same address as provided above. The FBI will
then forward your challenge to the agency that contributed the questioned
information and request the agency to verify or correct the challenged entry.
Upon receipt of an official communication from that agency, the FBI will make
any necessary changes/corrections to your record in accordance with the
information supplied by that agency. (See 28 CFR 16.30 through 16.34.)
● If you need additional information or assistance, please contact:
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Connecticut Records: Out-of-State Records:
Department of Emergency Services and Agency of Record
Public Protection
OR
State Police Bureau of Identification (SPBI)
FBI CJIS Division-Summary
1111 Country Club Road Request
Middletown, CT 06457 1000 Custer Hollow Road
860-685-8480 Clarksburg, West Virginia 26306
Federal Bureau of Investigation
United States Department of Justice
Privacy Act Statement
Authority: The FBI's acquisition, preservation, and exchange of fingerprints and
associated information is generally authorized under 28 U.S.C. 534. Depending on the
nature of your application, supplemental authorities include Federal statutes, State
statutes pursuant to Pub. L. 92-544, Presidential Executive Orders, and federal.
Providing your fingerprints and associated information is voluntary; however, failure to
do so may affect completion or approval of your application.
Social Security Account Number (SSAN). Your SSAN is needed to keep records accurate
because other people may have the same name and birth date. Pursuant to the Federal
Privacy Act of 1974 (5 USC 552a), the requesting agency is responsible for informing you
whether disclosure is mandatory or voluntary, by what statutory or other authority your
SSAN is solicited, and what uses will be made of it. Executive Order 9397 also asks
Federal agencies to use this number to help identify individuals in agency records.
Principal Purpose: Certain determinations, such as employment, licensing, and security
clearances, may be predicated on fingerprint-based background checks. Your
fingerprints and associated information/biometrics may be provided to the employing,
investigating, or otherwise responsible agency, and/or the FBI for the purpose of
comparing your fingerprints to other fingerprints in the FBI’s Next Generation
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Identification (NGI) system or its successor systems (including civil, criminal, and latent
fingerprint repositories) or other available records of the employing, investigating, or
otherwise responsible agency. The FBI may retain your fingerprints and associated
information/biometrics in NGI after the completion of this application and, while
retained, your fingerprints may continue to be compared against other fingerprints
submitted to or retained by NGI.
Routine Uses: During the processing of this application and for as long thereafter as your
fingerprints and associated information/biometrics are retained in NGI, your
information may be disclosed pursuant to your consent, and may be disclosed without
your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as
may be published at any time in the Federal Register, including the Routine Uses for the
NGI system and the FBI’s Blanket Routine Uses. Routine uses include, but are not limited
to, disclosures to: employing, governmental or authorized non-governmental agencies
responsible for employment, contracting licensing, security clearances, and other
suitability determinations; local, state, tribal, or federal law enforcement agencies;
criminal justice agencies; and agencies responsible for national security or public safety.
Additional Information: The requesting agency and/or the agency conducting the
application-investigation will provide you additional information pertinent to the
specific circumstances of this application, which may include identification of other
authorities, purposes, uses, and consequences of not providing requested information.
In addition, any such agency in the Federal Executive Branch has also published notice in
the Federal Register describing any systems(s) of records in which that agency may also
maintain your records, including the authorities, purposes, and routine uses for the
system(s).
[1] Written notification includes electronic notification, but excludes oral notification.
[2] See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c),
20.33(d), 50.12(b) and 906.2(d).
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[3] Written notification includes electronic notification, but excludes oral notification.
[4] See 28 CFR 50.12(b).
[5] See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c),
20.33(d) and 906.2(d).
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