DEFINITIONS
“Applicant” means an applicant for employment in a certificated or non-certificated position with this school district who is currently or was previously employed by a school district.
“Employer” means a school district employer, regardless of location.
RELEASE OF PERSONNEL RECORDS
Before hiring an applicant for a certificated or non-certificated position with the district, the district will request the applicant sign a statement authorizing his or her current and past school district employers, either in-state or out-of-state, to release all information relating to job performance and/or job-related conduct, and make available to the school district copies of all documents in the employer’s personnel files, investigative files, or other files concerning said applicant. The statement will include a release of the applicant’s current and past employers, and employees acting on behalf of that employer, from any liability for providing the information described herein. In the event the applicant declines to sign a statement, the applicant will not be considered for employment with this district.
Before hiring an applicant, the district will request in writing, electronic or otherwise, the information required by Idaho Code §33-1210 from the applicant’s current and past employers. A copy of the authorization signed by the applicant will be included with the request.
For applicants applying for a certificated position, a request will also be made to the office of the superintendent of public instruction for verification of certification status; any past or pending violations of the professional code of ethics; any detail as to any prior or pending conditions placed upon a certificated holder’s certificate; any prior or pending revocation, suspension, or the existence of any prior letters of reprimand; and information relating to job performance.
Applicants with no prior public school work experience will also be requested to sign a release allowing school district employees to contact their previous employers, educational institutions and references to verify all prior work experience and educational achievement identified by the applicant.
This district may request or require an applicant to provide additional information as appropriate.
NONCONTRACTED PROVISIONAL HIRING
This district may employ applicants on a noncontracted provisional basis as set forth in this policy. An applicant hired provisionally pending the review of personnel documents will be provided with the same compensation and benefits as other employees in similar positions, but will have no contractual or property rights until all contingencies of employment are satisfied. The district will review prior employer personnel performance materials within thirty (30) calendar days of receipt. For individuals employed on a noncontracted provisional basis for a certificated position, a standard certificated contract will be automatically issued at the end of the thirty (30) day review period, unless prior to that time, the board articulates in writing the specific information received that justifies a decision not to issue a standard contract. Any reason articulated by the board must be derived only from the documents received in the personnel file and may not be based upon any event that has occurred during the period of time the employee had the status as a noncontracted provisional certified professional employee.
Individuals provisionally employed in a non-certificated position will be automatically hired as an at-will employee at the end of the thirty (30) day review period, unless prior to that time, the board articulates in writing the specific information received which justified a decision to terminate the provisional employment.
INFORMATION FROM OUT-OF-STATE EMPLOYERS
An applicant who has signed the required release statement will not be prevented from gaining employment in this district if the laws or policies of another state prevent documents from being made available to Idaho school districts, or if the out-of-state school district fails or refuses to cooperate with the request. If no documentation is going to be forthcoming from an out-of-state employer, this district may initially employ the applicant on a standard contract and not utilize conditional basis employment. Where an applicant’s out-of-state former employers will not release documentation requested pursuant to Idaho Code §33-1210, the hiring administrator or committee may engage in whatever background checks it deems appropriate, but at a minimum shall verify all prior work experience and educational achievement identified by the applicant, preferably by contacting the prior employers, references and/or educational institutions identified by the applicant.
NONDISCLOSURE
Information received pursuant to this policy will be used only for the purpose of evaluating an applicant’s qualifications for employment in the position in which the individual has applied. Except as provided by law, a board member or employee of this school district will not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant’s qualifications for employment. A person who releases an applicant’s information in violation of this provision may be civilly liable for damages caused by such violation.
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LEGAL REFERENCE:
Idaho Code Sections
74-106– Records Exempt from Disclosure – Personnel Records, Personal
Information, Health Records, Professional Discipline
33-1210 – Information on Past Job Performance
ADOPTED: April 19, 2023
AMENDED: