Sonoma County Office of Education*

Recommendations 12

• R1
  Schools (Superintendent) as its agent for the purpose of fulfilling the following functions and responsibilities as set forth in Education Code sections 35021.1, 35021.2, 44830.1, 44830.2, and 45125.01. Transmitting fingerprints to the Department of Justice. Receiving reports of convictions of the serious and violent felonies as ٠ defined in Education Code sections 44830.1(c)(1) and 45122.1(c)(1); sex offenses as defined in Education Code section 44010; controlled substances offenses as defined in Section 44011, or any other offenses specified in Education Code section 44424. Reviewing criminal history records. Subscribing to the subsequent arrest notification service from the California Department of Justice as provided under Penal Code section 11105.2. Reviewing reports of subsequent arrests from the Department of Justice. Maintaining list(s) of persons eligible and ineligible for employment.
• R2
  The Sonoma County Office of Education, on behalf of county school districts, should determine when a school district must actually initiate an FBI level response on a new certificated employee applicant who is fully credentialed and clearly communicate that to all school districts. SCOE Response: The Sonoma County Office of Education (SCOE) and the majority of the public school districts in our county are member clients of the School and College Legal Services of California (S&CLS), a Joint Powers Authority with a staff of 17 attorneys that provide counsel on legal matters. Each year, S&CLS provides workshops on a range of topics related to California Education Code, legislative updates and new legal mandates. In response to recommendation R2, SCOE will request that S&CLS provide a legal analysis of the criteria to initiate an FBI-level response and distribute this information to all districts. In addition, SCOE will work with School and College Legal Services to issue an update on previous legal memos addressing fingerprinting and criminal background checks on employees, prospective employees and employees of school district vendors. Per this Grand Jury recommendation, the legal update will include:
• R3
  The Sonoma County Office of Education should modify its fingerprint rolling fee of $28-34 to school districts in order to bring it more in line with other fees in the county for comparable service. A higher fee for an applicant who must also have FBI response does not seem justifiable as the work required from SCOE is not more than for a DOJ response. SCOE Response: California Education Code Section 45125 f (1) prohibits public agencies from collecting fees that exceed the cost of providing fingerprinting via Live Scan Services. At the same time, SCOE has a fiscal responsibility to ensure that its programs and services operate within their revenue receipts. With its current fee schedule, the income realized from Live Scan fingerprinting does not fully cover the staff and operating costs of this service. SCOE carefully monitors the cost of the Live Scan program annually and is currently budgeting about $29,000 from a general fund account to subsidize this service. The general fund subsidy is needed to maintain the rolling fee of $28 for school districts, which is lower than the rolling fee of $33 charged to the general public. During the 2006-07 school year, SCOE implemented a pilot program lowering the fingerprinting charge to half-price one day per week for school district volunteers. Discount days were scheduled throughout April and May, 2007 and were very popular. In 2007-08, SCOE will expand the once-a-week half-price days to extend from October through May. This discounted service is a strategy for containing district costs. In response to other findings associated with this recommendation, SCOE will work with local districts and other county offices of education to identify local legislators with an interest in sponsoring legislation to waive the DOJ rolling fee for school volunteers. This would be similar to the current protocol for volunteers working with non-profit agencies. SCOE staff will also explore additional options for a protocol that results in FBI clearance for all Sonoma County Office of Education employees. Staff will work with local school districts to amend and update current job applications so that they reflect questions about prior convictions and provide information about length of residency in California.
• R4
  The parties acknowledge they may not hire or retain a credentialed or certificated employee who has been convicted of a serious or violent crime as defined in Penal Code sections 667.5 or 1192.7 and/or for a sex or controlled substance offense as set forth in Education Code section 44836. The parties may also not allow an individual to volunteer as a non-teaching volunteer aide who is required to register as a sex offender pursuant to Penal Code section 290.
• R5
  The parties acknowledge that a criminal record summary may contain information regarding an arrest or conviction that does not automatically prohibit the hiring or retaining of an employee or volunteer as described in 4, above. The individuals employed by the Superintendent responsible for performing the
• R6
  functions and carrying out the responsibilities described in 1, above, are the persons occupying the position of Classified and Certificated Directors of Personnel Services.
• R7
  In regards to substitute and/or temporary classified and certificated employees who may be employed in more than one Sonoma County school district or by the County Superintendent of Schools and one or more Sonoma County school districts, no party to this agreement shall share criminal record summary information with any other party to this agreement or with any non-party, except that upon receipt of a criminal record summary, the Superintendent's appropriate Director of Personnel Services shall take the following action(s): If the information received from the California Department of Justice ٠ reveals that an employee or applicant is prohibited from being employed, as described in 4, above, the appropriate Director of Personnel Services shall immediately notify the employing party of this fact and the reason therefore. The Superintendent shall maintain a list of all individuals who have been determined to be ineligible for employment. If the information received from the California Department of Justice reveals that the employee or applicant is not prohibited from being employed, the appropriate Director of Personnel Services shall place the employee's name on a list of eligible employees and shall issue a Certificate of Employability to any party employing the individual. This certificate shall state that the Superintendent has received the criminal record summary of the employee or applicant in question, the date of receipt of that summary, that the information contained therein does not prohibit the individual from being employed, and that the Superintendent has not received any subsequent arrest or conviction information which would prohibit employment. The parties acknowledge, as described in 5, above, that the applicant or employee may have a record of criminal arrest or conviction that does not automatically prohibit the hiring or continued employment of the individual. The parties further acknowledge that the fact that an applicant or employee is not prohibited from being employed based upon information received from the California Department of Justice does not mean a school district is required to employ such person. The Superintendent's appropriate Director of Personnel Services shall send a notice to the school district Superintendent or designee of each party informing him/her that the criminal record summary is available for inspection at the office of the Director of Personnel Services by the school district Superintendent or designee on a confidential basis for a period of 30 days following receipt of the notice after which time the Superintendent will destroy that information as required by law. Each school district party acknowledges sole responsibility for viewing the criminal record summary after receiving notice as the information will be destroyed after the 30 day period elapses. The Superintendent shall maintain a record of all persons who have inspected the criminal record summary information.
• R8
  In regards to substitute and/or temporary classified and certificated employees who may be employed in more than one Sonoma County school district or by the County Superintendent of Schools and one or more Sonoma County school districts, no party to this agreement shall share subsequent arrest or conviction information with any non-party, except that upon receipt of subsequent arrest or conviction information the appropriate Director of Personnel Services shall take the following action(s): If the information received from the California Department of Justice ٠ reveals that an employee or applicant is prohibited from being employed, then the appropriate Director of Personnel Services shall immediately notify the employing party of this fact, the reason(s) therefore, and remove the employee from the Superintendent's eligible for employment list and place the employee on the ineligible for employment list. If the information received from the California Department of Justice available for inspection at the office of the appropriate Director of Personnel Services by the school district Superintendent or designee on a confidential basis for a period of 30 days following receipt of the notice, after which time the Superintendent will destroy the information as required by law. Each school district party acknowledges sole responsibility for viewing the criminal record summary after receiving notice as the information will be destroyed after the 30 day period elapses. The parties acknowledge that the fact that an applicant or employee is not ٠ prohibited from being employed based upon information received from the California Department of Justice does not mean a school district is required to employ such person. The Superintendent shall maintain a record of all persons who have ٠ inspected the subsequent arrest or conviction information.
• R9
  In regards to volunteers who may choose to volunteer in one or more Sonoma County school district and/or who may choose to volunteer for the Sonoma County Office of Education, no party to this agreement shall share criminal record summary information with any other party to this agreement or with any non- party, except that upon receipt of a criminal record summary, either the Superintendent's Certificated or Classified Director of Personnel Services shall take the following action(s): If the information received from the California Department of Justice ٠ reveals that a volunteer is prohibited from volunteering, as described in 4, above, either the Superintendent's Certificated or Classified Director of Personnel Services shall immediately notify the party(s) that the volunteer expressed interest in volunteering for of this fact and the reason therefore. The Superintendent shall maintain a list of all volunteers who have been determined to be ineligible for volunteering. If the information received from the California Department of Justice reveals that the volunteer is not prohibited from volunteering because the volunteer is not a registered sex offender as described in Penal Code section 290 and has not been convicted of a sex offense as described in Education Code section 44010, then either the Certificated or Classified Director of Personnel Services shall inform the school district Superintendent or designee of each party that the volunteer is eligible to volunteer within the party school district. The parties acknowledge, as described in 5, above, that the volunteer may have a record of criminal arrest or conviction that does not automatically prohibit the individual from volunteering. The parties further acknowledge that the fact that an individual is not prohibited from volunteering based upon information received from the California Department of Justice does not mean a school district is required to allow the individual to volunteer at a school district. Each party shall be sent a notice, by either the Superintendent's Certificated or Classified Director of Personnel Services, informing the school district Superintendent or designee of each party that the criminal record summary is available for inspection at the office of the Director of Personnel Services by the school district Superintendent or designee on a confidential basis for a period of 30 days following receipt of the notice after which time the Superintendent will destroy that information as required by law. Each school district party acknowledges sole responsibility for viewing the criminal record summary after receiving notice as the information will be destroyed after the 30 day period elapses. The Superintendent shall maintain a record of all persons who have inspected the criminal record summary information.
• R10
  In regards to volunteers who may choose to volunteer in one or more Sonoma County school district and/or who may choose to volunteer for the Sonoma County Office of Education, no party to this agreement shall share subsequent arrest or conviction information with any non-party, except that upon receipt of subsequent arrest or conviction information the Superintendent's Certificated or Classified Director of Personnel Services shall take the following action(s): If the information received from the California Department of Justice ٠ reveals that a volunteer is prohibited from volunteering either the Superintendent's Certificated or Classified Director of Personnel Services shall immediately notify the party(s) that the volunteer expressed interest in volunteering for of this fact and the reason therefore. The Superintendent shall maintain a list of all volunteers who have been determined to be ineligible for volunteering. If the information received from the California Department of Justice ٠ reveals that the volunteer is not prohibited from volunteering, then the Superintendent's Certificated or Classified Director of Personnel Services shall send a notice to the school district Superintendent or designee of each party informing him/her that the subsequent arrest or conviction notification is available for inspection at the office of the Director of Personnel Services by the school district Superintendent or designee on a confidential basis for a period of 30 days following receipt of the notice, after which time the Superintendent will destroy the information as required by law. Each school district party acknowledges sole responsibility for viewing the criminal record summary after receiving notice as the information will be destroyed after the 30 day period elapses. The parties acknowledge that the fact that an individual is not prohibited ٠ from volunteering based upon information received from the California Department of Justice does not mean a school district is required to allow the individual to volunteer at a school district. The Superintendent shall maintain a record of all persons who have inspected the subsequent arrest or conviction information. (Enter superintendent's name) Dr. Carl Wong Superintendent of Schools (Enter name of School District) SCOE CENTRAL VOLUNTEER DOJ CLEARANCE PROGRAM Request for Live Scan Services _____, plan to volunteer with one or more local
• R11
  Students should be encouraged to report individuals on campus whom they don't recognize and who are not properly identified, to the staff. Volunteer Code of Conduct: (see attachment # 5) As a volunteer, I agree to abide by the following code of volunteer conduct: Immediately upon arrival, I will sign in at the principal's office or the
• R12
  The Sonoma County Sheriff's Office (S.O.) shall provide training to fingerprint technicians at SCOE in how to detect a fraudulent ID. If they cannot provide training, they should be able to refer SCOE to another agency for that training. SCOE Response: The County Superintendent and SCOE Human Resource Director will contact the Sonoma County Sheriff's Office with a formal request for staff training on identifying fraudulent identification documents. This training will be offered to human resources staff in all local school districts. It will be scheduled before the end of the first semester of the 2007-08 school year and will include how to access local court records and the Megan's Law list. Sonoma County Office of Education 5340 Skylane Boulevard Santa Rosa, CA 95403-8246 (707) 524-2600 ■ www.scoe.org October 24, 2007 GRAND JURY The Honorable Robert S. Boyd NOV 9 6 2007 Presiding Judge Sonoma County Superior Court RECEIVED Hall of Justice 600 Administration Drive Santa Rosa, CA 95403 Dear Judge Boyd: As Director of Human Resources for the Sonoma County Office of Education (SCOE), I am writing to apprise you of the procedures that were recently implemented pursuant to the requirements of California Penal Code section 933 c, in response to the 2006-07 Final Report of the Sonoma County Grand Jury. I have enclosed documentation that outlines SCOE's offer to all local school districts in Sonoma County to enter into a "Memorandum of Agreement" that allows SCOE to operate as the Central Volunteer DOJ Clearance" program which includes fingerprinting services available through Livescan. This program is in line with suggestions included in the subdivision (b) of Section 933 Grand Jury Report of Findings and we are pleased to continue to make school campus safety and security a top priority of our office. Furthermore, we have also conducted workshops in conjunction with the Sonoma County Sheriff's Department and the California Department of Motor Vehicles on how to detect a fraudulent I.D. This training was provided not only for the fingerprint technicians at SCOE, but also for designated employees from all local school districts in Sonoma County. This training specifically addresses recommendation R12 of the Grand Jury's