The Superintendent or designee is responsible for recruiting personnel, in compliance with School Board policy, and making hiring recommendations to the School Board. Educational personnel applicants are initially screened by the Building Principal or supervisor. The District shall hire the best qualified personnel consistent with budget and staffing requirements, and shall comply with School Board policy on equal employment opportunities and minority recruitment. The Superintendent may select personnel on a short-term basis for a specific project or emergency condition before the School Board's approval. No individual will be employed who has been convicted of a criminal offense listed in Section 5/21B-80(c) of the School Code.
All applicants must complete a District application form in order to be considered for employment.
The Superintendent or designee shall develop and maintain a current, comprehensive job description for each position or job category, other than the Superintendency.
The Superintendent or designee shall ensure that a fingerprint-based criminal history records check and a check of the Statewide Sex Offender Database are performed on each applicant as required by State law. The Superintendent or designee shall notify an applicant if the applicant is identified in the Database as a sex offender. The Board President will keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent, State Teacher Certification Board, or any other person necessary to the hiring decision.
Each newly hired employee must complete an Immigration and Naturalization Service Form as required by federal law.
The District retains the right to discharge any employee whose criminal background investigation reveals a conviction for committing or attempting to commit any of the offenses outlined in §10-21.9 of The School Code or who falsifies, or omits facts from, his or her employment application or other employment documents.
The Superintendent shall ensure that the District does not engage in any investigation or inquiry prohibited by law and complies with each of the following:
1. The District uses an applicant’s credit history or report from a consumer reporting agency only when a satisfactory credit history is an established bona fide occupational requirement of a particular position.
2. The District does not ask an applicant or applicant’s previous employers about claim(s) made or benefit(s) received under the Workers’ Compensation Act.
3. The District does not request of an applicant or employee access in any manner to his or her social networking website, including a request for passwords to such sites.
4. The District provides equal employment opportunities to all persons. See policy 5:10, Equal Employment Opportunity and Minority Recruitment.
New employees must furnish evidence of physical fitness to perform assigned duties and freedom from communicable disease, including tuberculosis. All physical fitness examinations and tests for tuberculosis must be performed by a physician licensed in Illinois, or any other state, to practice medicine and surgery in any of its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations. The employee must have the physical examination and tuberculin test performed no more than 90 days before submitting evidence of it to the School Board.
Any employee may be required to have an additional examination by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, if the examination is job-related and consistent with business necessity. The School Board will pay the expenses of any such examination.
Pre-Employment Drug Testing
To effectuate the goals set forth by the District in its drug-free workplace policy, the District has established a pre-employment drug-testing program. All applicants who are offered a position in the District must submit to a pre-employment drug test as a condition of employment. Drug testing shall be completed prior to starting work.
All applicants for employment shall be notified of this policy at the time the applicant applies. An applicant who is extended an offer of employment will be given directions at that time for submitting to drug testing.
The District's staff will provide an orientation program for new employees to acquaint them with the District's policies and procedures, the school's rules and regulations, and the responsibilities of their position.
Before beginning employment, each employee must sign the Acknowledgement of Mandated Reporter Status form as provided in policy 5:90, Abused and Neglected Child Reporting.
LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. § 12112, 29 C.F.R. Part 1630.
Immigration Reform and Control Act, 8 U.S.C. § 1324a et seq.
105 ILCS 5/10-20.7, 5/10-21.4, 5/10-21.9, 5/10-22.34,5/10-22.34b, 5/22-6.5, and 5/24-1 et seq.
Duldulao v. St. Mary of Nazareth Hospital, 483 N.E.2d 956 (Ill.App.1, 1985), aff’d in part and remanded 505 N.E.2d 314 (Ill., 1987).
Kaiser v. Dixon, 468 N.E.2d 822 (Ill.App.2, 1984).
Molitor v. Chicago Title & Trust Co., 59 N.E.2d 695 (Ill.App.1, 1945).
CROSS REF.: 3:50, 4:175, 5:10, 5:40, 5:90, 5:125, 5:220, 5:280
ADOPTED: October 4, 1999
REVISED: March 31, 2003; May 2004; January 26, 2006; December 22, 2016