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STANDARD PRACTICE MEMORANDUM

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STANDARD PRACTICE MEMORANDUM

HOUSTON INDEPENDENT SCHOOL DISTRICT

DIRECTIVE AND INFORMATION SYSTEM MEMO NO.

7504.1B

RELEASE DATE: July 20, 2005

DISTRIBUTION: A, G

SUBJECT: Criminal History Background Checks of Volunteers in Public Schools; Practice Regarding

REFERENCES: (a) Board Policy DC(LEGAL) Employment Practices

(b) Board Policy GKG(LOCAL) Community Relations: School Volunteer Program

(c) SPM 7504 Volunteers In Public Schools; Description of and Guidelines for

(d) SPM XXXX Volunteers in Schools Information

Tracking System; Description of and Procedures Regarding (e) Texas Education Code §22.053 School District Volunteers

(f) Texas Education Code §22.083 Access to Criminal History Records by Local and Regional Education Authorities

(g) Form Houston Independent School

District Volunteer Access to Police Records (English)

(h) Form Houston Independent School

District Volunteer Access to Police Records (Spanish)

1. Purpose. The purpose of this memorandum is to describe practice regarding criminal history background checks of volunteers in the Houston Independent School District.

2. Effective. Immediately. This SPM supersedes SPM 7504.1A released on November 20, 2002.

*3. Applicability. This memorandum applies to all employees and volunteers engaged in direct and extended contact with students in volunteer activities, both during and after school hours, with or without direct monitoring by district employees.

4. Definition. For the purposes of this memorandum, a volunteer is any person providing services for or on behalf of the Houston Independent School District (HISD), on the premises of district property or at a school-sponsored or school-related activity on or off school property, who does not receive compensation in excess of reimbursement for expenses. See Reference (e).

*5. General Description. While education is the primary focus of HISD, the safety of each student is vital. In a proactive measure to ensure the safety of children, criminal history background checks for volunteers are required. The Texas Education Code allows a

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school district to obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person serving as a volunteer of the district and to any person who has indicated, in writing, the intent to serve as a volunteer with the district. See References (a), (b), and (f).

*6. Volunteer Registration Process. Anyone who wants to participate as a volunteer with Volunteers in Public Schools (VIPS) must register by using the Volunteers in Schools Information Tracking System (VISITS). VISITS is an online registration system available on the HISDConnect home page under Quicklinks. Each potential volunteer must indicate the school(s) where he or she plans to volunteer. See Reference (d). For additional information on the responsibilities of volunteers, see Reference (c). Guidelines regarding volunteers in HISD are as follows:

*a. Eligibility. Any person who has been convicted of or received probation or deferred adjudication for the following crimes will not be eligible to serve as a volunteer in school-sponsored or school-related activities in HISD: aggravated assault causing serious bodily injury; aggravated kidnapping; aggravated robbery; aggravated sexual assault; any felony related to pornography or obscenity; any felony related to the manufacture, delivery, or possession of marijuana, a controlled substance, or a dangerous drug; any felony theft offense; any felony where a deadly weapon was used or exhibited; capital murder; indecency with a child; injury to a child, elderly, or disabled individual; kidnapping; murder; sexual assault of a child; or voluntary or involuntary manslaughter.

*b. Background Check Process. Implementation of the annual criminal history background check process for volunteers began in January 2002. Initially, criminal history background checks were conducted only for volunteers who participated in unsupervised activities with students or participated as chaperones. Since February 2004, all volunteers are required to register online and participate in the background check process. At the school level, potential volunteers complete a Houston Independent School District Volunteer Access to Police Records form and provide an official form of identification (ID). See References (g) and (h). A valid, current Texas driver’s license or a valid, current Texas ID card are preferred for use in verifying the potential volunteer’s identity. School personnel must check the expiration date on the identification document. The following alternative photo IDs may also be used in verifying the potential volunteer’s identity:

• A valid, current driver’s license issued by any of the United States or any of its territories which includes a photograph;

• A valid, current identification card issued by any of the United States or any of its territories which includes a photograph;

• A valid, current passport issued by any nation;

• A valid, current military ID card;

• A valid, current Resident Alien Card issued by the federal government of the United States; or

• A valid, current Matricula Consular (consular ID card).

Volunteers, as described in paragraph 5, must clear the background check before they can begin volunteer work. A volunteer who refuses a school's request for a background check may not volunteer in any capacity on any HISD campus. The volunteer criminal history background check is not required of students. In the case

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of community service projects, the students and activities are approved by the respective school. Students should have clearly defined responsibilities and schedules, and must always be supervised by school staff members or approved volunteer sponsoring the activity.

c. Confidentiality. All records on criminal background checks of volunteers shall be treated with confidentiality.

*7. Responsibilities. Responsibilities concerning criminal history background checks of volunteers are as follows.

*a. Principal. The principal is responsible for all volunteer activities at his or her school. The major responsibilities of the principal regarding criminal history background checks of volunteers are to:

• Assign a VISITS Coordinator or a designee to manage the volunteer criminal background check process;

• Require selected staff members to attend Criminal History Background Check procedures training;

• Notify volunteers and business and community partners of the district's policies and procedures regarding criminal history background checks;

• Notify the VISITS Coordinator to remove an ineligible volunteer from the volunteer roster;

• Inform all staff members of the volunteer criminal history background check process; and

• Convey to staff members and the community that this process supports the safety of HISD students.

*b. Principal’s Designee. The VISITS Coordinator or principal’s designee manages the Volunteer Criminal History Background Check process on behalf of the principal. The major responsibilities of the VISITS Coordinator or designee are to:

• Participate in volunteer coordinator training which includes volunteer criminal history background check procedures;

• Distribute HISD Volunteer Access to Police Records form to potential volunteers as needed. Copies are available from the Parent Engagement Web site (www.houstonisd.org/parentengagement) on the HISD Portal. See References (g) and (h);

• Collect the completed forms and enter in VISITS the type of ID, the name exactly as it appears on the ID, and the ID number; and

• Maintain original copies of all submitted HISD Volunteer Access to Police Records forms in a locked file.

*c. Teachers, VISITS Coordinators, and School Volunteer Coordinators. VISITS Coordinators and School Volunteer Coordinators (SVCs) shall participate in Volunteer Criminal History Background Check procedures training; teachers will be informed of the process. Teachers and SVCs should refer potential volunteers to the VISITS Coordinator or principal’s designee to complete References (g) and (h).

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• Maintain the HISD Volunteer Access to Police Records forms online;

• Coordinate training for principals; the principals' designees; VISITS Coordinators; and SVCs; and

• Support and communicate to the community the need for volunteer criminal record checks.

*e. Human Resources. The HISD background check process is a function of Human Resources. Guidelines are as follows:

*(1) Background Check Records. The Manager, Human Resources, shall maintain background check records for five years, including a file noting ineligible volunteers.

*(2) VISITS Notation. The Manager, Human Resources, shall note in the VISITS database any potential volunteers determined to be ineligible for volunteer services due to a background check.

*(3) Parent Volunteers. Volunteers who have children in HISD schools and who have a criminal record that would preclude them from volunteering with the district are always welcome to participate in their children's education by attending parent meetings, open house, school activities and events, etc., at their children's schools.

*(4) Additional Information. Should additional data be required, Human Resources will e-mail the schools to request telephone numbers or e-mail addresses to contact the potential volunteers.

*(5) Deadline. Potential volunteers will be given 10 days to respond to the request for additional information. The Manager, Human Resources, will make pending volunteers ineligible for volunteering if they do not contact Human Resources within the 10-day deadline.

*(6) Appeals. HISD does not have a volunteer appeal process.

f. Contract Services. Human Resources may employ private contractors to conduct volunteer criminal background checks if necessary. Responsibilities of contractors are to:

• Conduct both local and state criminal history background checks on volunteers; and

• Ensure confidentiality and security of all information. 8. Consultation. This SPM does not require consultation.

9. Questions Regarding this Memorandum...may be referred to the VIPS Coordinator, Parent Engagement, (713) 892-6384.

10. Memo Maintenance Responsibility. Executive General Manager, Strategic Partnerships.

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a. Remove and discard SPM 7504.1A.

References

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