An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

at the workplace. Background investigators should also advise each reference that the school will keep source information confidential. Background investigators should also consider obtaining a copy of the applicant’s personnel file(s) when all former and current employers have a policy of providing no information or providing only basic information, e.g., employment dates. Further, if the applicant does not want the school to contact his or her current employer, then the investigator should ask the applicant to provide a sealed copy of his or her personnel file. 4. C ONDUCTING T HE R EFERENCE C HECK The investigator should generally contact the applicant’s references by telephone unless an individual asks to answer questions in writing. Often, an applicant’s current or former employers or colleagues are uncomfortable providing written responses to questions about former employees or colleagues. The investigator should use open-ended questions to probe the applicant’s suitability for the position, including his or her suitability to work with children. For example:  How would you describe the applicant’s personal characteristics, such as maturity, decisiveness, and assertiveness?  Have you observed the applicant working with children? What were your impressions?  Do you have any concerns about the applicant working directly with or supervising children?  To your knowledge, has it ever been alleged that the applicant engaged in improper conduct with children?  Are you aware of any problems or issues that may interfere with the applicant’s ability to serve in the position?  Would you rehire the applicant? The investigator should create a written record of reference checks that includes date, time, source name, contact information, and any notes showing the questions asked and the answers given. 5. U SE A Q UESTIONNAIRE A school may utilize a questionnaire issued to an applicant’s current or former employer to elicit information regarding a job applicant, but only after the school has obtained a signed release from the applicant to do so. The questions should seek to elicit information about the applicant’s job functions, behavioral history, attendance record, reason for leaving employment, and other relevant information. The questionnaire might invite the current and former employers to contact the background investigator to discuss the applicant because some of them might be uncomfortable providing written responses.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 60