Information Related to Jessica Lunsford Act/Criminal History Checks
As you may be aware, the Jessica Lunsford Act becomes effective September 1, 2005. Recently we've received a number of inquiries regarding the implementation of this legislation, particularly as it relates to the background check requirements for individuals with access to school district campuses. FDLE facilitated a meeting on July 15, 2005, with representatives from the Department of Education, the Florida School Boards Association, the Florida Association of District School Superintendents, the Florida High School Athletic Association, and legislative committee staff to address issues regarding the criminal history record checks for contractors who work in multiple school districts. The Department of Education (DOE) recently released guidelines to assist the school districts in understanding the background check provisions of the new law. The Technical Assistance Paper may be accessed at
http://info.fldoe.org/docushare/dsweb/Get/Document-3151/k12_05-107a.pdff .
The school districts are responsible for conducting the fingerprinting/background screening of noninstructional or contractual personnel at a location designated by the district. A concern has been raised about the fiscal impact on certain service providers such as sports officials, vendors, etc. who provide services in multiple school districts. FDLE has advised school districts that they are allowed to share criminal history information with other school districts. If a school district elects to share the information with another district, they are required to keep a log of those criminal record disseminations. Fingerprints processed by school districts are retained by FDLE so that incoming arrests may be searched against the stored prints. In instances where a new arrest occurs, FDLE will electronically notify the original submitting school district, and that district will then be responsible for forwarding the arrest information to any other school districts with which they have shared the criminal record.
Additionally, there has been some confusion regarding the cost for fingerprinting and background checks and the time it takes for processing. The cost of the criminal history information is $47 ($23 state fee and $24 national fee). Any additional charges go to the DOE vendor and/or the school district for processing fees. Processing time is minimal as FDLE receives the fingerprint submissions from school districts in an electronic format. Within two to three working days of this receipt, FDLE provides notification that the results of the criminal history check are available. These results include both the state and the national criminal history information on the individual, as well as any other information relating to the person of inquiry. A point that we like to stress is that FDLE reports the criminal history information to the schools; we do not evaluate the results of criminal history background checks or make determinations regarding employment. Each school district must make its own case-by-case determination as to whether the results of the background check disqualifies an individual from employment.
You may access a summary of the Jessica Lunsford Act (HB 1877) provided in the FDLE 2005 Legislative Summary:
http://www.fdle.state.fl.us/alerts/attach/2005LegSummary.pdf
http://www.fdle.state.fl.us/alerts/jessica_lunsford_act.html