An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

 If the applicant wishes to receive a copy of the investigative consumer report, the recipient of the report shall send a copy of the report to the applicant within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the applicant. The notice to request the report may be contained on either the disclosure form or a separate consent form. 166  The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact that person. 167  The applicant must provide written authorization to procure the report, including but not limited to, medical information. 168  The school must certify to the investigative consumer reporting agency that it has made the above disclosures, and must agree to provide a copy of the report to the applicant. 169  Whenever employment is denied “under circumstances in which a report regarding the consumer was obtained from an investigative consumer reporting agency,” the school must advise the applicant against whom the adverse action has been taken and supply the name and address of the investigative consumer reporting agency making the report. 170  After reviewing the report, if the job applicant believes that the report is

incomplete or inaccurate, he or she may dispute the completeness or accuracy of “any item of information contained in his or her file.” 171 The ICRAA establishes procedures for reinvestigation of the disputed matters and notice to the individual(s) who provided the information that the information is being disputed. 172 d. ICRAA Excludes Certain Information From Investigative Consumer Reports Similar to federal law, the ICRAA expressly excludes certain categories of information from a consumer report which is prepared by an investigative consumer reporting agency. The following types of information must be excluded: 173  Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years.  Suits and satisfied judgments that, from the date of filing/entry, antedate the report by more than seven years.  Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.  Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement.  Paid tax liens that, from the date of payment, antedate the report by more than seven years.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 66