14 Del. Admin. Code § 745-4.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 745-4.0 - Procedures for School Districts and Charter Public Schools for Criminal Background Checks on Candidates for Employment, Contractors or Volunteers or for Persons Providing Services Under a Contract

4.1 Public Schools shall require all persons subject to the law and these regulations to complete a release as a part of the application process for employment, volunteering or to provide contracting services, and if they become a final candidate for a Covered Personnel position, to initiate the Criminal Background Check process prior to entering into the Covered Personnel position.

4.2 The Public School sending the original of a completed Criminal Background Check shall keep the information received in a confidential manner and shall:

4.2.1 If requested by another Delaware Public School Superintendent and assured that a signed release is on file in the requesting Public School, confirm the receipt of that original and disclose its contents to the Superintendent of the requesting Delaware Public School considering the person for hire, a contract, or a volunteer opportunity;

4.2.2 If requested by another Delaware Public School Superintendent and sent a copy of the signed release on file in the requesting Public School, send the original Criminal Background Check to the requesting Delaware Public School if the candidate is placed in a Covered Personnel position; and

4.2.3 If sent any subsequent criminal history information on the person hired, placed under contract, or assuming an extra duty (EPER) or Volunteer position in another Public School, forward such information to the Public School.

4.2.4 Public Schools may also share and forward the above information with the Delaware Department of Education under the same conditions applicable to Public Schools. The provision shall apply only when the Department of Education is acting in its capacity as an employer, a party to a contract for services or taking on a person in an extra duty position (EPER).

4.3 The Public School, in accordance with 31 Del.C. § 309 (e), shall make a determination of suitability as an Employee, Contractor or Volunteer on each person it requested to initiate the Criminal Background Check process. That determination shall be communicated to the person in writing. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal for reconsideration as set forth in 6.0.

4.4 When a candidate is finally placed in a Covered Personnel position the Public School shall do the following if the original of the completed Criminal Background Check is not yet in its possession:

4.4.1 Make a written request to the Public School that received the original of the completed Criminal Background Check to forward the original copy to the placing Public School for placement in the Employee's, Contractor's, or Volunteer's file. As a part of the request, the placing Public School shall forward a copy of the release signed by the candidate.

4.4.2 Notify SBI that the candidate has become Covered Personnel in the Public School and is no longer associated with the Public School that received the original of the completed Criminal Background Check.

4.5 A Public School may place the candidate in a Covered Personnel position provisionally in accordance with 31 Del.C. § 309 (c)(7); however, the Public School shall require the candidate to comply with the provisions described in these regulations, including the requirement to initiate the Criminal Background Check prior to being placed provisionally as an Employee, Contractor, or Volunteer.

14 Del. Admin. Code § 745-4.0

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