A fundamental belief of the Rochester School Board is that the School Department and its officials have a duty to provide a safe learning environment for students (see Policy AE). In order to carry out the safety function with regard to staff members and others who provide services to students, and in compliance with RSA 189:13(a), the Rochester School Department will conduct a background investigation, including a criminal history records check, on every selected applicant for employment in any position in the school district prior to a final offer of employment.

A. Definitions

1.  Annual basic compensation: The annualized gross amount paid to a School Department employee in wages or salary for his or her regular duties, exclusive of benefits, overtime, extra-curricular contracts, or other bonuses.
 

2.  Background investigation: An investigation into the past employment and/or other background information for an applicant for employment, for a contractor, or for a volunteer in the Rochester School Department, with the intent of determining: (1) whether the applicant is qualified for, and likely to be successful in, the position for which he or she has applied, and (2) whether the individual is guilty of any actions listed under RSA 189:13(a), Paragraph V that would make him or her ineligible for employment in a New Hampshire school district. Said investigation shall include written and/or verbal testimony from individuals having personal knowledge of the applicant, including the immediate past supervisor for an applicant seeking employment.
 

3.  Casual employee: An individual whose employment with the Rochester School Department depends on a day by day invitation to work, such as a substitute teacher, and for whom continued employment is not guaranteed without specific action to terminate.

4.  Casual volunteer: A volunteer who provides service to the Rochester School Department, its staff and students, fewer than four times in a single year. For example, a parent who accompanies a class on a field trip.

5.  Contractor: (1) An individual, corporation, partnership, or other entity that provides goods or services through a professional service contract or other contract, except for an employment contract. (2) The officials, agents, and employees of said entity who provide direct services to the Rochester School Department.

6.  Criminal history records check: A check of state and federal criminal records as defined in the New Hampshire Revised Statutes, Annotated. The criminal history records check shall include submission of fingerprints for the selected applicant, employee, contractor or volunteer.

7.  Entry level teacher salary (ELTS): The basic salary amount paid to a teacher with a Bachelors Degree and no previous teaching experience as shown in the "BA + 0" step on the salary scale shown in the Master Agreement between the Rochester School Board and the Rochester Federation of Teachers for the year in which a background investigation and criminal history records check are conducted.

8.  Exempt contractor: A contractor who does not provide direct services to or have direct contact with students.

9.  Exempt volunteer: A casual or regular volunteer who does not provide direct services to, or have direct contact with, students. For example, a volunteer who maintains athletic fields during summer months.

10.  Regular employee: An employee who is (a) under an employment contract with the Rochester School Board for a specific period of time, or (b) in a position not requiring a contract, but for which continued employment is expected unless specific action is taken by the Superintendent or Board to terminate said employment.

11.  Regular volunteer: A volunteer who provides service to the Rochester School Department, its staff and students more than three times in a single year.

12.  Selected applicant: The final applicant for a position in the Rochester School Department who has been, or will be, recommended by the Superintendent of Schools to the School Board for employment.

13.  Supervised contact: Contact with a student or students by an adult employee, contractor or volunteer in the presence of a teacher, administrator, or other professional educator employed by the Rochester School Department. For purposes of this policy, ìteacherî shall include any employee covered under the Master Agreement between the Rochester School Board and the Rochester Federation of Teachers. The individual subject to supervision may be unaccompanied by the supervising professional employee for periods of up to two hour, but is not to be left alone with fewer than three students (e.g. a chaperone on a field trip should "check in" at least every two hours.)

14. Unsupervised contact: Contact with a student or students by an adult employee, contractor, or volunteer with no teacher, administrator, or other professional educator employed by the Rochester School Department present.

1.  The selected applicant for any regular full-time or part-time position,
 

2.  Regular employees in full-time or part-time positions prior to August 2, 1997, will not be subject to a background check under this policy unless the employee’s employment with the Rochester School Department is severed, then reinstated. For purposes of this policy, an individual’s employment with the School Department will not be considered to have been severed if the employee’s contract is temporarily non-renewed (1) because of a reduction in force, (2) pending completion of the state certification renewal process, providing that the process is completed prior to expiration of the old certification, or (3) because of another similar reason, so long as no work days are lost as a result of said temporary non-renewal caused by the above named circumstances.
 

3.  Casual employees such as substitute teachers, substitutes for non-teaching positions, and other individuals employed on a day-to-day basis,

4.  Regular volunteers who provide direct service to students and/or have unsupervised contact,

5.  Contractors who provide direct service to students and/or have unsupervised contact.

1.  Casual volunteers, but said volunteers are to have supervised contact only.
 

2.  Exempt volunteers.
 

3.  Exempt contractors.

Legal Reference: RSA 106-B:14
                              RSA 77:1
                              RSA 77:2
                              RSA 77:3
                              RSA 77:4
                              RSA 189:13-A

Adoption Date: May 12, 1994
Revision Date: October 9, 1997