Current through August 31, 2023
All individuals who are required by the provisions of Section 33-130, Idaho Code, must undergo a background investigation check. (3-23-22)
01.
Definitions. (3-23-22)
a. Applicant. An individual completing a background investigation check as identified in Subsection 075.02 of these rules. (3-23-22)
b. Background Investigation Check. The submission of a completed applicant fingerprint card or scan by an authorized entity submitted under an enacted state statute/local ordinance or federal law, approved by the Attorney General of the United States allowing a search of the state and federal criminal history indices for noncriminal justice purposes including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. (3-23-22)
c. Background Investigation Check Result. The response to a state and federal background investigation check initiated by a fingerprint submission from an authorized entity for non-criminal justice purposes. Results are returned to the submitting authorized entity by the state criminal history repository (Idaho State Police Bureau of Criminal Investigation). (3-23-22)
d. Break-in-Service. A voluntary or involuntary termination in employment, including retirement. (3-23-22)
e. Candidate. An individual attending a postsecondary program. (3-23-22)
f. Contractor. An agency, company/business, or individual that has signed a contract or agreement to provide services to an LEA and private or parochial school. (3-23-22)
g. Employee. A person who is hired for a wage, salary, fee, or payment to perform work for an employer. (3-23-22)
h. Fingerprint Card or Scan. The process for obtaining impressions of an individual's fingerprint images, both ten (10) individual finger impressions rolled from nail to nail and slap or flat impressions taken simultaneously without rolling. Fingerprints may be recorded utilizing either an inked standard fingerprint card or using a livescan device. Standard fingerprint cards may also be scanned for submission to the state repository for background investigation check purposes. (3-23-22)
i. Rejected Fingerprint Cards or Scans. A fingerprint card or scan that has been returned by the Idaho State Police Bureau of Criminal Identification or Federal Bureau of Investigation for poor quality prints. (3-23-22)
j. Unsupervised Contact. Direct contact or interaction with students not under the direct supervision of an LEA employee in a K-12 setting. This includes contact or interaction with students in scheduled school activities that occur outside of the school or outside of normal school hours. (3-23-22)
02.
Individuals Required to Complete a Background Investigation Check. (3-23-22)
a. All applicants for certificates; (3-23-22)
b. Certificated and noncertificated employees; (3-23-22)
c. Substitute teachers; (3-23-22)
d. Contractors who have unsupervised contact with students in a public K-12 setting, including contractors who are providing student services; (3-23-22)
e. Student teachers or any postsecondary candidates who have unsupervised contact with students in a public K-12 setting; (3-23-22)
f. Volunteers who have unsupervised contact with students in a public K-12 setting; (3-23-22)
g. Any individuals who have unsupervised contact with students in a public K-12 setting. (3-23-22)
03.
Fee. The State Department of Education shall charge a fee for undergoing a background investigation check pursuant to Section 33-130, Idaho Code. (3-23-22)
04.
Rejected Fingerprint Cards or Scans. (3-23-22)
a. When a fingerprint card has been rejected a new completed fingerprint card is required. (3-23-22)
b. The rejected fingerprint card will be sent back to the originating LEA, private or parochial school, contractor, postsecondary program, or individual. (3-23-22)
c. A new fingerprint card must be completed by a law enforcement agency to ensure legible fingerprints. Both the rejected fingerprint card and the new fingerprint card must be returned to the State Department of Education within thirty (30) calendar days. (3-23-22)
d. If the new fingerprint card and rejected fingerprint card are returned after thirty (30) calendar days, a fee, pursuant to Subsection 075.03 of these rules, is required to be paid. (3-23-22)
05.
Secured Background Investigation Check Website. The State Department of Education will maintain a background investigation check website listing the background investigation check results for review by the LEA, private or parochial school, contractor or postsecondary program. Each LEA, private or parochial school, contractor and postsecondary program will have access to the background investigation check secure site listing their employees, statewide substitute teacher list, and student teacher list. (3-23-22)
06.
Background Investigation Checks for Certification. (3-23-22)
a. The State Department of Education will make the final determination if an applicant is eligible for Idaho certification. (3-23-22)
b. If the State Department of Education makes a determination that the applicant is not eligible for Idaho certification, the State Department of Education may deny the applicant Idaho certification. Upon receiving the written denial, the applicant may request a hearing pursuant to Section 33-1209, Idaho Code. (3-23-22)
07.
Substitute Teachers. Substitute teachers as defined in Section 33-512(15), Idaho Code, must undergo a background investigation check. The State Department of Education shall maintain a statewide substitute teacher list. To remain on the list a substitute teacher shall undergo a background investigation check every five (5) years in accordance with Section 33-512, Idaho Code. (3-23-22)
08.
Break In Service. (3-23-22)
a. When an employee returns to any LEA, private or parochial school, or contractor after a break in service, a new background investigation check must be completed pursuant to Section 33-130, Idaho Code. (3-23-22)
b. When an employee changes employment between LEAs a new background investigation check must be completed pursuant to Section 33-130, Idaho Code. (3-23-22)
09.
Postsecondary. (3-23-22)
a. The postsecondary program will submit a completed fingerprint card or scan for all candidates who are applying for unsupervised contact with students in a public K-12 setting including student teaching, internships, or other types of candidate training. (3-23-22)
b. The State Department of Education will make a preliminary determination based on the CHC result if the candidate is eligible for certification in Idaho. This decision will be forwarded to the postsecondary program concerning the eligibility of their candidate. (3-23-22)
