565R - Background Investigations

  1. Legal Requirements

    1. Code of Virginia, Section 22.1-296.2, requires that any individual who accepts a position with Frederick County Schools, must be fingerprinted, and provide personal descriptive information for the purpose of checking for the existence of criminal history record information maintained by the Virginia State Police or the Federal Bureau of Investigation. 

    2. Code of Virginia, Section 22.1-296.4 requires that any individual who is offered or accepts a position with Frederick County Schools, must provide written consent and the necessary personal information for the school board to obtain a search of the Central Registry of founded complaints of child abuse and neglect maintained by the Department of Social Services. 

    3. Title 28, Code of Federal Regulations, Section 50.12, requires that persons fingerprinted be notified that their fingerprints will be used to check the criminal history records of the FBI. 

    4. Title 28, Code of Federal Regulations, Section 16.34, sets forth the procedures for the person to correct or update their criminal history record on file with the FBI. 

  2. Policy and Procedure 

    1. Fingerprinting and Central Registry Check 
      All new employees are required to undergo background checks. Employees shall be fingerprinted and shall complete a Central Registry request form before their first day of employment. For employees who have resided in another state within the last five years, this includes providing information necessary to obtain Central Registry equivalent information from the relevant state(s). 

      Any employee who resigns or otherwise terminates their employment with FCPS for a period of one year or more, shall be required to undergo a new background check prior to being re-employed. 

    2. Notice to Applicants 

      1. Application materials will include a notice to applicants that submission to background checks, including fingerprinting and social services checks, is a condition of employment with FCPS.

      2. At the time of fingerprinting, applicants will be notified that their fingerprints will be used to check the criminal history records of the FBI. A standard written notice, a copy of which is attached to this regulation, will be used for notification (attachment A).

      3. At the time of completing a request form for search of the Central Registry, applicants will be notified that their name will be used to check the founded complaint files of child abuse and neglect with the Virginia Department of Social Services’ Central Registry.

    3. Departments/Offices Responsible for Background Investigations 

      1. The human resources department is responsible for the administration of the fingerprinting and Central Registry program.

      2. Actual fingerprinting of employees will be performed by the human resources department.

    4. Background Investigation Documentation Requirements 

      1. All persons fingerprinted shall complete the relevant data items and affix their signature to the fingerprint form and Central Registry request form.

      2. Persons who fail or refuse to comply with the fingerprinting and Central Registry requirement shall not be eligible for employment.

    5. Payment of Fees for Background Investigations 

      It will be the responsibility of the school board to pay the entire cost of the Virginia State Police and FBI investigations for all employees. 

      It will be the responsibility of the school board to pay the entire cost of the Central Registry search for all employees except substitutes. Substitutes will pay the fee for the Central Registry Check on the day of substitute orientation. 

    6. Receipt of Criminal History Records and Founded Complaints of Child Abuse and Neglect; Document Disposition 

      1. Criminal history records received from the Virginia State Police or the FBI and/or founded complaints from the Central Registry will be reviewed by the Executive Director of Human Resources or designee. The Assistant Superintendent for Administration and other relevant supervisors or administrators will be notified of the criminal history record and/or founded child abuse and neglect complaints and a decision will be reached on the employment eligibility of the subject of the record in accordance with employment standards established within the human resources department.

      2. Employees who are the subject of criminal history records and/or founded complaints of child abuse and neglect will be afforded the opportunity to inspect, in person, the record for the purpose of verification as to identity, accuracy, and completeness.

      3. If the subject of the criminal history record and/or founded complaint of child abuse and neglect wishes to correct the record, they will be given a copy of the record and will be informed of the procedure to correct or update the record. In the case of records furnished by the FBI, the person will be given a copy of the instructions cited in Title 28, Code of Federal Regulations, Section 16.34. A copy of the instructions is attached to this regulation. In the case of records furnished by the Virginia State Police, the person will be referred to the Executive Director of Human Resources for assistance. In the case of founded complaints of child abuse and neglect, the person will be referred to the Executive Director of Human Resources for assistance.

      4. The record returned from the FBI via the Virginia State Police, any conviction record reported by the FBI or the Virginia State Police, the Central Registry request form returned by the Virginia Department of Social

      Services, and a copy of the letter of disposition to the employee will be retained in the employee's personnel file. 

Adopted: June 29, 1995 
Amended: June 13, 2000 
Amended: August 12, 2008 
Amended: July 2, 2018