401.6 - LIMITATIONS TO EMPLOYMENT REFERENCES (2/8/2023)

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.  

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either: 

• the matter has been officially closed by the law enforcement agency; 
• the individual is acquitted or otherwise exonerated of the alleged misconduct; or 
• more than four years has passed since the case was opened, and no charges or indictment have been filed.

Legal Reference:        20 U.S.C. §7926
                                    281 I.A.C. 12.3(14)

Cross Reference:        401.5   Employee Records

                                    402.2   Child Abuse Reporting

                                    402.3   Abuse of Students by School District Employees

                                    405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    411.2   Classified Employee Qualifications, Recruitment, Selection

           Adopted:          February 8, 2023