3.45 Background Screening for Contractors

I. Contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet the background screening requirements and process as set forth in section 1012.32 Florida Statutes. Contractual personnel shall include any vendor, individual or entity under contract with a school or the School Board. Each vendor, individual contractor or employee of a contractor as described in this section must provide verification that he/she has met the level two (2) screening requirements prior to accessing a school campus and provide evidence of compliance with Florida Statute Section 448.095 (evidence may consist of, but is not limited to, providing notice of Contractor’s E- Verify number).

II. An employee or contractor of an employer who offers a high school student internship(s) must meet level 2 background screening requirements if he/she has direct, unsupervised access to the student intern(s).

III. The District shall issue a state identification badge that is valid for no more than five (5) years to a contractor who meets level 2 screening requirements. The recipient of the badge shall be responsible for paying a fee established by the Florida Department of Education. The badge shall bear the picture of the contractor and must be visible at all times the contractor is on school grounds.

IV. The District shall recognize a uniform statewide identification badge issued by another school district.

V. A noninstructional contractor who has been convicted of any disqualifying offense, as defined in Florida Statutes, shall not have access to school grounds when students are present, shall be immediately suspended from having access to school grounds and shall remain suspended unless and until the conviction is set aside in any post-conviction proceeding. A non-instructional contractor shall not have access to school grounds unless the contractor has received a full pardon or has had his or her civil rights restored. A non-instructional contractor who is present on school grounds in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

VI. Contractual personnel must also meet the level two (2) screening requirements every five (5) years following entry into a contract. If the fingerprints of an individual under contract with the School Board have not been retained by the Florida Department of Law Enforcement, the individual must submit a complete set of fingerprints to the District.

VII. Each person under contract as described in sections I. and II. must agree to inform the party with whom he/she is under contract within forty-eight (48) hours if convicted of any disqualifying offense while under contract. The individual shall also be responsible for returning the badge within forty-eight (48) hours to the district that issued the badge. If it is found that a person under contract does not meet the level two (2) requirements, the individual shall be immediately suspended from working in a contractual position and shall remain suspended until final resolution of any appeals. A person who is working with an intern will not be allowed to continue in an unsupervised situation.

VIII. The following noninstructional contractors shall be exempt from level 2 screening:

A. A contractor who is under direct, line of sight supervision of a District employee or contractor who has met level 2 screening requirements;

B. A contractor who is required by law to undergo level 2 screening for licensure, certification, employment, or other purpose and provides appropriate documentation;

C. A law enforcement officer who is assigned or dispatched to school grounds;

D. An employee or medical director of a licensed ambulance provider who is providing services;

E. A contractor at a site where students are not permitted and a six (6) foot chain link fence separates the work site from the remainder of the school grounds; or

F. A contractor who provides pickup or delivery services that involve brief visits to school grounds when students are present.

IX. A noninstructional contractor, as described in section VIII., who is exempt from level 2 screening shall be subject to a search of the registry of sexual offenders and sexual predators maintained by the Florida Department of Law Enforcement and the National Sex Offender Public Registry maintained by the U.S. Department of Justice. The District shall conduct the registry search without charge to the contractor. If a contractor is identified as a sexual predator or offender and not allowed on school grounds, the District shall notify the vendor, individual or entity under contract within three (3) business days.

X. The Superintendent shall develop procedures to implement this policy.

Statuary Authority

Law(s) Implemented

History

Notes

1001.41, 1001.42, F.S.

288.061, 448.095, 1001.43, 1003.496, 1012.32,

1012.465, 1012.467, 1012.468, F.S

ADOPTED: 

REVISION DATE(S): 10/18/22

FORMERLY: NEW