14 Del. Admin. Code § 745-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 745-3.0 - Procedures for Candidates for Employment, Contractors or for Persons Providing Services Under a Contract Volunteers to Obtain a Criminal Background Check

3.1 A final candidate for a Covered Personnel position, as defined in 2.0, in a Public School shall be subject to the following procedures:

3.1.1 After notification by a Public School that he/she is a final candidate for a Covered Personnel position, the individual shall present him/herself to SBI personnel at one of the Delaware State Police Troops that processes such Criminal Background Checks or at an on site appointment arranged by the Public School. Public Schools at their option may require an applicant to submit a Criminal Background Check prior to becoming a final candidate.

3.1.2 The candidate shall cooperate in all respects with this Criminal Background Check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the SBI, which may be shown to the prospective placing Public School as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.

3.1.3 The candidate shall have an original of the completed Criminal Background Check sent to one Public School. An original of all information sent to the Public School shall be sent by SBI to the candidate.

3.1.4 As a part of the application for Public School related employment, the contract for services, or the Volunteer agreement, the candidate shall sign a Release for Criminal Background Check Information form approved by the Department of Education. The release will allow the Public School that was sent the original of the completed Criminal Background Check to do the following:

3.1.4.1 Confirm the receipt of that original and disclose its contents to the Public School Superintendents of other Delaware Public Schools considering the person as a candidate.

3.1.4.2 Send the original Criminal Background Check to the placing Public School if the candidate is hired, placed under contract in another Delaware Public School.

3.1.4.3 Send any subsequent criminal history information to the person's employing or contracting Public School(s).

3.1.5 Each final candidate shall have a determination of suitability made by the Public School and forwarded to him/her. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal as set forth in 6.0.

3.1.6 Final candidates for employment or entering into a contract for services may have Criminal Background Checks from other states accepted, if all of the following conditions are met:

3.1.6.1 The Criminal Background Check shall have been conducted within the previous twelve (12) months and include a federal Criminal Background Check,

3.1.6.2 The Criminal Background Check shall be sent directly from the Criminal Background Check agency in the other state to a Delaware Public School,

3.1.6.3 A verification from the candidate's most recent employer(s) covering the previous twelve (12) months, stating that the employer knows of no offenses committed by the candidate during that time, shall be sent directly from the candidate's most recent employer(s) to the Delaware Public School which was sent the original background check.

3.1.6.4 The out of state candidate shall sign a release to allow the Public School receiving the out of state Criminal Background Check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware Criminal Background Checks.

3.1.7 Except as described herein, all costs associated with obtaining a Criminal Background Check shall be paid for by the person seeking a Covered Personnel position. Public Schools may use funds other than state funds to pay for Criminal Background Check costs and may enter into consortia to pay such costs for persons covered by the law who work in more than one Public School during the course of the school year.

14 Del. Admin. Code § 745-3.0

10 DE Reg. 684 (10/01/06)
12 DE Reg. 327 (09/01/08)
19 DE Reg. 917 (4/1/2016) (Final)