PURPOSE

The intent of the following policies is to ensure the protection of the FBI’s National Criminal History Record Information (CHRI) until such time as the information is purged or destroyed in accordance with applicable record retention rules.

The following policies were developed using the FBI’s Criminal Justice Information Services (CJIS) Security Policy and guidance from the Iowa Division of Criminal Investigation (DCI). Central Springs Community Schools may complement this policy with a local policy; however, the CJIS Security Policy shall always be the minimum standard.  The local policy may supplement, or increase the standards, but shall not detract from the CJIS Security Policy standards nor from requirements set forth by the Iowa DCI.

SCOPE

The scope of this policy applies to any media, physical or electronic, containing FBI national CHRI-or any reference to such CHRI-received by a Qualified Entity (QE), while being stored, accessed or physically moved to a secure location by the Central Springs Community School District.  In addition, this policy applies to any person authorized to access, store, and/or transport national CHRI, who shall be referred to as Authorized Personnel.

Criminal Justice Information (CJI) and Criminal History Record Information (CHRI)- Criminal Justice Information (CJI) is the term used to refer to all of the FBI CJIS provided data necessary for law enforcement and civil agencies to perform their missions including, but not limited to biometric, identity history, biographic, property, and case/incident history data.

The DCI uses the term CHRI, which is a subset of CJI and for the purposes of this document is considered interchangeable. Due to its comparatively sensitive nature, additional controls are required for the access, use and dissemination of CHRI. In addition to the dissemination restrictions outlined below, Title 28, Part 20, Code of Federal Regulations (CFR), defines CHRI and provides the regulatory guidance for dissemination of CHRI.

According to 28 CFR 20.33, CHRI is information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records if such information does not indicate the individual's involvement with the criminal justice system.

In other words, CHRI refers to the FBI result received from DCI based on fingerprints submitted by the QE, whether the results indicate a positive identification of criminal history or not.

Proper Access, Use, and Dissemination of CHRI- Rules governing the access, use, and dissemination of CHRI are found in Title 28, Part 20, CFR.

Central Springs Community School District has been approved as a Qualified Entity (QE) to receive CHRI pursuant to a specific statutory authority and shall not use such CHRI acquired pursuant to such authority for any other reason. Central Springs Community School is authorized to submit fingerprints to request national CHRI and review resultant CHRI as part of the screening process for applicants for employment or licensure, including current and/or prospective employees and volunteers, contractors and vendors, who have or may have unsupervised access to children, the elderly, or individuals with disabilities for whom the QE provides care for, or for other applicants as specified in the applicable statute.

Dissemination to another agency is ONLY authorized if the other agency is an Authorized Recipient of such information and is being serviced by the QE. The Iowa DCI does not allow outsourcing for administrative functions, including IT support.

Personnel Security Screening - Access to CHRI is restricted to Authorized Personnel. Authorized Personnel includes anyone who may have reason to access, view, have knowledge of, handle, and/or destroy CHRI, including anyone who may only have occasion to view CHRI incidentally in the performance of their duties. If the agency stores or transmits CHRI electronically, the agency’s IT personnel must also be identified as Authorized Personnel.

Iowa does not have legislation in place that requires civil fingerprint-based background checks for personnel with access to CHRI for the purposes of licensing or employment and therefore are exempted from the fingerprint-based background check requirement until such time as appropriate legislation has been written into law.

Security Awareness Training- Security Awareness Training through CJIS Online shall be required within six months of initial assignment, and biennially thereafter, for all personnel who have access to CHRI. Authorized Personnel will receive CJIS Online credentials set up by the Agency Administrator. Both the Agency Administrator and Authorized Personnel will be responsible for taking the Training and renewing certification as needed.

A physically secure location is a facility or an area, a room, or a group of rooms within a facility with both the physical and personnel security controls sufficient to protect CHRI. CHRI will be maintained securely and will only be accessible by Authorized Personnel. Central Springs Community School District will maintain and keep a current list of all Authorized Personnel. Authorized Personnel will take necessary steps to prevent and protect the agency from physical, logical and electronic breaches. 

Media Protection- Controls shall be in place to protect physical and electronic media containing CHRI while at rest, stored, or actively being accessed. The QE shall securely store physical and electronic media within physically secure locations or controlled areas such as in a locked file cabinet or other locked receptacle. The agency shall restrict access to physical and electronic media to authorized individuals.

Physical Media-  Physical media includes hardcopies, printed documents and imagery that contain CHRI.

Electronic Media - While electronic storage and/or transmission is strongly discouraged, electronic media includes memory devices in laptops and computers (hard drives) and any removable, transportable digital memory media, such as magnetic tape or disk, backup medium, optical disk, flash drives, external hard drives, or digital memory card.

If storing or transmitting CHRI electronically, the data shall be immediately protected via encryption per Section 5.10.1.2 of the CJIS Security Policy.

Controls shall be in place to protect electronic and physical media containing CHRI while in transport (physically moved from one location to another) to prevent inadvertent or inappropriate disclosure and use. The QE shall protect and control physical and electronic media during transport outside of controlled areas and restrict the activities associated with transport of such media to Authorized Personnel.

When no longer usable or needed, all physical and electronic media shall be properly disposed of in accordance with measures established by Central Springs Community School District.

Physical media (hard copies, print-outs and other physical media) shall be disposed of by one of the following methods:

1. Shredding using Central Springs Community School District issued shredders.
2. Placed in locked shredding bins for the district's designated secure shredding company to come on-site and shred, witnessed by Central Springs School District personnel throughout the entire process.
3. Incineration using Central Springs Community School District incinerators or witnessed by Central Springs Community School District personnel onsite at agency.

Electronic media (hard-drives, tape cartridge, CDs, printer ribbons, flash drives, printer and copier hard-drives, and other similar items used to process, store and/or transmit CHRI) shall be disposed of by Central Springs Community School District using one of these methods:

1.  Overwriting (at least 3 times) - an effective method of clearing data from magnetic media. As the name implies, overwriting uses a program to write (1s, 0s, or a combination of both) onto the location of the media where the file to be sanitized is located.
2. Degaussing - a method to magnetically erase data from magnetic media. Two types of degaussing exist: strong magnets and electric degausses. Note that common magnets (e.g., those used to hang a picture on a wall) are fairly weak and cannot effectively degauss magnetic media.
3. Destruction – a method of destroying magnetic media. As the name implies, destruction of magnetic media is to physically dismantle by methods of crushing, disassembling, etc., ensuring that the platters have been physically destroyed so that no data can be pulled.

IT systems that have been used to process, store, or transmit FBI CHRI shall not be released from Central Springs Community School District‘s control until the equipment has been sanitized and all stored information has been cleared using one of the above methods.

Electronic Media- The agency shall promptly report incident information to appropriate authorities to include the Iowa DCI. Information security events and weaknesses associated with information systems shall be communicated in a manner allowing timely corrective action to be taken.  Formal event reporting and escalation procedures shall be in place. Wherever feasible, the agency shall employ automated mechanisms to assist in the reporting of security incidents.  All Authorized Personnel shall be made aware of the procedures for reporting the different types of event and weakness that might have an impact on the security of agency assets and are required to report any information security events and weaknesses as quickly as possible to the designated point of contact.

Policy Violation/Misuse Notification- Violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any authorized personnel will result in suitable disciplinary action, up to and including loss of access privileges, civil and criminal prosecution and/or termination.

Likewise, violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any visitor can result in similar disciplinary action against the sponsoring employee, and can also result in termination of services with any associated consulting organization or prosecution in the case of criminal activity.

Legal Reference:

Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121

Cross Reference:

401.1 Equal Opportunity Employment

 

Approved: 3-20-23
Reviewed: ____
Revised: ____

Prior to hiring an applicant for a school employee position, the District shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant.

The District shall implement consistent procedures for each school employee employed by the school district at least every five years after the school employee’s initial date of hire. employees currently licensed by the BOEE do not have to submit rechecks per the exemption in Code  272.2(17): BOEE rechecks for licensure are done for initial applicants and licensure renewal for teachers, substitute teachers (both licensed and authorized), administrators, school business officials, school administration managers, paraprofessionals and non-teaching coaches. These are the positions that are not required to be rechecked every five years at the district level, since they are subject to BOEE authorization under 272.2(17) for either initial licensure or renewal. Teachers on permanent professional license do not go through a renewal process so are not exempted via Chapter 272.2(17) and will be checked every five years.

The District shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. The District shall maintain documentation demonstrating compliance with this subsection.

Additionally, Iowa law requires all teachers who are new to your district who have taught elsewhere and do not have an initial or exchange license to have a background check prior to entering into an initial contract.

To comply with this, the Superintendent or his/her designee must conduct background checks for employees who get an Iowa Code Sec. 279.13 (teaching) contract, through the Iowa Division of Criminal Investigation (DCI) in the Department of Public Safety. For all other school employees, the District will use a private vendor. There is no prohibition against also using a private vendor for a comprehensive background check on these newly hired teachers, in addition to the mandated DCI requirement.

In order to process such record checks, the following procedure will be followed:

 

1. No later than ten calendar days after the Superintendent or his/her designee has notified job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or his/her designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be screened and/or fingerprinted as required.

2. No later than ten calendar days after the Superintendent or his/her designee has provided the successful job applicant with the packet, the applicant must return the screening authorization forms and schedule to be fingerprinted with an authorized provider.  Failure of the applicant to have his/her fingerprints taken within such a ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.

3.  The District will pay all fees and costs associated with the screening and/or fingerprinting process and/or the submission or processing of the requests for criminal record checks.

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 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.

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. The District is prohibited from offering employment for any position involving direct student contact until the following has occurred:

1. 1. the applicant has complied with the above disclosure requirements;

1. 2. the District has verified with the Iowa Board of Educational Examiners (BOEE) about the applicant’s eligibility status for a position requiring a certificate, authorization, or permit; previous disciplinary action for a substantiated finding of abuse or neglect or sexual misconduct; and notice of a criminal conviction or pending criminal charges against the applicant.

1. 3. A good faith effort to reach an applicant’s current and previous employers shall be made. A “good faith effort” is one requiring no more than three phone calls on three separate days.

1. 4. The District may request additional information from an applicant’s current or former employers relating to any response the applicant listed on the standardized application form, to which the applicant must respond within five business days of receipt. Immunity is provided from criminal and civil liability to any employer who provides such information, as well as to the BOEE, as long as the information supplied is not knowingly false.

1. 5. The information available to the Board from the BOEE about an applicant may include:

 

1. 1. 1. any information about the applicant’s eligibility for employment with such education employer in a position that requires a certificate, authorization, or permit;

 

1. 1. 2. whether the BOEE knows if the applicant was disciplined for a finding of abuse or neglect or sexual misconduct, and any information related to the finding; and

 

1. 1. 3. whether the BOEE has been notified that the applicant has been convicted of a crime or of pending criminal charges against the applicant and any information about such charges.

 

7. Applicants for substitute teaching positions must also fulfill the disclosure requirements as listed above. The District will also request information from the applicant’s prior employers and the BOEE (in the same manner required for other applicants).

8. Substitute teachers and other substitute employees, if they are continuously employed by the district, do not have to be re-screened after fulfilling the initial requirement until their current screen expires.

9. The District shall maintain a list of individuals suitable to work as substitute teachers and substitute employees. Only those on the list may be hired as substitutes. An individual remains on the list as long as (1) he or she is continuously employed by the District as a substitute and (2) District does not have any knowledge that would cause the person to be removed from the list.

10. School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also submit to a criminal history check.

11. Each applicant for a certified  and/or non-certified position must submit to a records check of the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 before the applicant may be hired. The Superintendent or his/her designee shall request the required records check in accordance with the procedures as required.

12. Each applicant for a certified and/or non-certified position must submit to a records check Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry

13. Contractors that apply for positions involving direct student contact are required to perform the checks on their employees who would fill such positions. These checks are similar to the ones the District must perform on applicants.

1. 1. A contractor’s employee must fulfill the three disclosure requirements that a regular, direct applicant for such a position must fulfill.

1. 2. The contractor must contact any current or former employers that were education employers and request, by telephone or in writing, any information about whether there was a finding of abuse or neglect or sexual misconduct against the employee, and which the employer must report if there is one.

1. 3. Should the contractor receive any information indicating such a finding or otherwise has knowledge of one, he or she must immediately forward, either by telephone or in writing, the information to the District.

1. 4. The District must determine whether the employee may work in a position involving direct student contact at any of its schools.

1. 5. It is not considered a breach of contract for the District to determine that the contractor’s employee is forbidden to work under any such contract in such a position.

14. The District shall notify BOEE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct.

15. The District is required to provide upon request, to any other education employer or to the BOEE, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of the Board or a contractor’s employee.

16. The Board is prohibited from entering into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement, or any other agreement or take any action that results in any of the following outcomes:

1. 1. has the effect of suppressing information about an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;

1. 2. affects the education employer’s ability to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or

1. 3. requires the district to expunge information about an allegation or finding of suspected abuse or neglect or sexual misconduct from any documents it maintains, unless after investigation the allegation is dismissed or found to be false.

17. The District may employ or contract with an applicant for up to 90 days while awaiting the complete review of their application information, as long as the following has occurred:

1. 1. the District has no information about the applicant that would disqualify him or her from employment, and

1. 2. the applicant affirms that he or she is not disqualified from employment with the education employer.

18. Applicants who knowingly provide false information or knowingly fail to disclose information that is statutorily required to the District is subject to discipline by the District. Such discipline may include denial of employment or termination of a certified employee’s contract.

 

 

Legal Reference:

Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121

Cross Reference:

401.1 Equal Opportunity Employment

 

Approved: 3-20-23  
Reviewed: ____
Revised: ____