15-1330

15-1330. Fingerprinting personnel;
affidavit

A. Certificated personnel employed by the schools shall have valid fingerprint
clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a
fingerprint clearance card within seven working days of employment.

B. In addition to the fingerprint requirement in subsection A of this section,
certificated employees shall submit a second set of fingerprints to the school for the
purposes of obtaining state and federal criminal records checks. Employment with the
schools is conditioned on the results of the fingerprint check required under this
subsection and the maintenance of the certificate or license required for employment.
Fingerprint checks shall be conducted pursuant to section 41-1750 and Public Law
92-544. The fingerprints shall be submitted on the form prescribed by the school.

C. Noncertificated personnel employed by the schools and nonpaid personnel working
in the schools shall be fingerprinted as a condition of employment for the purpose of
obtaining state and federal criminal records checks. Noncertificated employees and
nonpaid personnel shall submit fingerprints on the form prescribed by the school to the
superintendent within twenty days after the date an employee begins work. Employment with
the schools is conditioned on the results of the fingerprint check. Fingerprint checks
shall be conducted pursuant to section 41-1750 and Public Law 92-544.

D. The department of public safety may exchange the fingerprint data collected
pursuant to subsections B and C of this section with the federal bureau of investigation.

E. The schools may charge the employee or nonpaid personnel for the costs of the
fingerprint checks.

F. Personnel employed by the schools shall certify on forms that are provided by
the schools and notarized that they are not awaiting trial on and have never been
convicted of or admitted in open court or pursuant to a plea agreement of committing any
criminal offenses in this state or similar offenses in another state or jurisdiction as
specified in section 41-1758.03, subsections B and C.

G. Before employment, the schools shall make documented, good faith efforts to
contact previous employers of personnel to obtain information and recommendations that
may be relevant to a person's fitness for employment. For certificated personnel, the
schools may also contact the department of education to obtain information that is
contained in the person's certification record and that may be relevant to the person's
fitness for employment. For persons in other positions that require licensing, the
schools may also contact the agency that issued the license for information relevant to
the person's fitness for employment. Agencies and previous employers that provide
information pursuant to this subsection are immune from civil liability unless the
information provided is false and is acted on to the detriment of the employment
applicant by the schools and the previous employer or agency knows the information is
false or acts with reckless disregard of the truth or falsity of the
information. Employees who rely on information obtained pursuant to this subsection in
making employment decisions are immune from civil liability unless the information
obtained is false and the employee knows the information is false or acts with reckless
disregard of the truth or falsity of the information.

H. The superintendent shall notify the department of public safety if the
superintendent receives credible evidence that a person who possesses a valid fingerprint
clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03,
subsection B.

2. Falsified information on the form required by subsection F of this section.