An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

a. Elements Of A Comprehensive Background Response Policy

 Request that the prospective employer receive the reference information in confidence.  Provide information only after the prospective employer agrees to provide and maintain confidentiality.  Pick one of the three options and use that option for every response. (1) Provide a full disclosure revealing all relevant facts about the applicant’s background. (2) Verify the former employee’s dates of employment, position, and other basic information. (3) Give no information at all.  Before preparing to give any response, make sure that the school has received a written waiver signed by the applicant.  Establish a centralized procedure for responding to requests. For example, requests for written responses might be distributed to the former employee’s supervisors, but all of them should be reviewed by the division head, chief business officer, head of school, or human resources director. The reviewing administrator should make sure that the reference is supported by documentation, and is factually consistent with other reference responses.  Inform all school employees of the policy, require them to submit reference requests to the designated person(s), and prohibit unauthorized employees from responding to reference requests.  Apply this policy to each request for background information.  Provide information in writing. While some schools choose to provide verbal responses, written responses are preferable because they create a clear record of the information provided.  Maintain a confidential response process. The only individuals who should discuss and review the school’s reference are those who draft it.  Maintain copies of the applicant’s waiver, written questions, and the school’s responses.

Section 5 R ECORD -K EEPING A ND R ETENTION California employers must comply with numerous federal and state laws addressing record- keeping and retention of documents from the hiring process. To the extent it is practical to do so, LCW recommends that a school retain personnel records of its current employees for at least five years after separation.

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