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Background Checks and Fingerprinting

General Provisions

All employees, volunteers, contractors and contractors’ employees of the Albuquerque Public Schools shall submit to, at the person’s expense, and successfully pass a background check as a condition of employment or volunteering with the Albuquerque Public Schools.

In compliance with the state statute and regulation, the Fingerprint and Background department shall perform a fingerprint identified background check on all applicants who have been offered employment. The applicant's employment offer is contingent upon their background check clearance. The applicant shall not be permitted to report for duty, receive compensation and have access to Albuquerque Public Schools facilities until clearance has been issued by the Human Resources Department.  Supervisors are responsible for confirming employees have a background clearance based on the Human Resources Acknowledgment form prior to reporting to duty, receiving compensation and facility access. Violation of this policy may result in disciplinary action, up to and including discharge or termination.

The Fingerprint and Background department shall perform a fingerprint identified background check on all district contractors, subcontractors and contractor employees, agents and assignees who may have unsupervised access to students.

For purposes of this procedural directive, “unsupervised access” occurs when a non-background checked adult being in the presence of a student without another background checked adult present.

Volunteer Background Check

APS shall conduct background checks of all prospective volunteers who have unsupervised or supervised access to students. 

Contractors, subcontractors and contractor's employees, agents and assignees are not to be on APS property conducting contract work until clearance has been issued by the APS Human Resources Department and a badge has been issued by the APS department sponsoring the contract work.

In compliance with federal and state statute and regulation, the Fingerprint and Background department requires all volunteers to register and apply online as a school volunteer. Background checks shall be conducted for all applicants upon online application submission. Volunteer applicants shall not be authorized to perform volunteer duties until the clearance has been issued by the Human Resources Department and the applicant has been notified by email of such clearance. Volunteer background checks shall be conducted for any volunteer over the age of thirteen (13). Minor volunteer applicants must have parental consent prior to submitting a volunteer application.  For more information about volunteers, please refer to the “Volunteer Programs” procedural directive.

Denial Based on a Background Check

In compliance with the federal and state statute and regulation, the Fingerprint and Background department in connection with the Human Resources Department shall determine employment eligibility and may determine to deny employment, contract employment, or volunteerism based on any conviction of a crime of moral turpitude. Automatic denials shall result from convictions of child abuse or neglect, criminal sexual penetration, or drug trafficking/distribution regardless of rehabilitation. Other potential denials include patterns of arrests/convictions, failure to disclose, the existence of an open or pending case, convictions of charges that might impact the specific position, or failure to contact the department upon request for explanation and dispositions within a given timeframe. Applicants that have been denied shall have the opportunity to appeal, in writing, to the Assistant Superintendent of Human Resources with ten (10) days of the denial. The Assistant Superintendent of Human Resources shall respond in writing within ten (10) days to respond at which time, the decision shall become final.

Background Check Renewal

Employees, contractors, subcontractors and contractors’ employees, agents and assignees shall, as a condition of employment and at the expense of the employee, submit to and clear a background check every five years after their initial hire date.

Self-Reporting of Arrest, Charge or Conviction of a Criminal Offense

Employees shall be required to notify the assistant superintendent of Human Resources within ten (10) days if they are arrested, charged and/or convicted of a criminal offense. Failure by an employee to report such an arrest, charge or conviction may be grounds for disciplinary action. Supervisors who become aware of an arrest, charge or conviction of an employee for a criminal offense shall immediately notify the assistant superintendent of Human Resources. Violation of this procedural directive may result in disciplinary action, up to and including discharge or termination. 

 

 

Administrative Position: Assistant Superintendent of Human Resources

Department Director: Director of Human Resources Operations

References:

Legal Cross Ref.:

  • §28-2-1 et. seq NMSA 1978 Criminal Offender Employment Act
  • §22-10A-5 NMSA 1978
  • §22-14-32 NMSA 1978
  • §22-5-17 NMSA 1978

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

NSBA/NEPN Classification: GCF

Approved: December 4, 1997
Revised:
January 2005
Reviewed:
September 13, 2010
Revised:
September 15, 2010
Reviewed: July 12, 2011
Revised: July 20, 2011
Introduced: February 9, 2016
Reviewed: March 9, 2016
Adopted: March 18, 2016