Fingerprints and Criminal Background Investigations
It is the policy of the Board that any finalist recommended for hire to a paid or volunteer position with the
District, involving regular unsupervised access to students in schools, as determined by the
Superintendent, shall submit to a name-based and fingerprint criminal background investigation
conducted by the appropriate law enforcement agency prior to consideration of the recommendation for
employment or appointment by the Board. The results of the name-based check shall be presented to the
Board concurrent with the recommendation for employment or appointment. Any subsequent offer of
employment or appointment shall be contingent upon results of the fingerprint criminal background
check, which must be acceptable to the Board, in its sole discretion.
The following applicants for employment, as a condition for employment, shall be required, as a
condition of any offer of employment, to authorize, in writing, a name-based and fingerprint criminal
background investigation to determine if he or she has been convicted of certain criminal or drug
offenses:
• a certified teacher seeking full- or part-time employment within the District;
• an educational support personnel employee seeking full- or part-time employment within the
District;
• an employee of a person or firm holding a contract with the District, if the employee is assigned
to the District;
• a volunteer assigned within the District who has REGULAR unsupervised access to students.
Any requirement of an applicant to submit to a fingerprint background check shall be in compliance with
the Volunteers for Children Act of 1998 and applicable federal regulations. If an applicant has any prior
record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other
than a minor traffic violation, the facts must be reviewed by the Superintendent, who shall decide whether
the applicant shall be declared eligible for appointment or employment. Arrests resolved without
conviction shall not be considered in the hiring process unless the charges are pending.
Legal References:
§ 44-5-301, MCA Dissemination of public criminal justice information
§ 44-5-302, MCA Dissemination of criminal history record information
that is not public criminal justice information
§ 44-5-303, MCA Dissemination of confidential criminal justice information
Public Law 105-251, Volunteers for Children Act
Cross Reference:
5122F Authorization to release information