School Employee Background Checks: Are Schools Doing Enough to Protect Students?

It’s back-to-school time and schools will be hiring new teachers, maintenance staff, volunteers, and others who will have close proximity to children. You may be surprised to learn that many schools conduct only the bare minimum, one-time criminal history checks for teachers and school employees that are mandated by state law. These typically include a criminal background check (although crimes committed in another state won’t show up), and a search of school/education records, employment records, military records, and credit reports.

10 percent of Students Will Be Victims of Educator Sexual Abuse.

But what about child abuse checks? Although a criminal check will turn up any conviction for child abuse or neglect, other reports of child abuse or neglect will not show up. For example, reports of child abuse and neglect are made to the Department of Children and Families and these reports are called “51A reports.” 51A reports do not show up on a Criminal Offender Record Information (CORI). Being that approximately 10 percent of students will be victims of educator sexual abuse, it is of the utmost importance to do the most thorough employee background check available.

It’s Not Just Teachers.

A Chicago Public Schools report found more than 500 allegations of sexual abuse and rape from 2008 to 2018. Upon closer examination it was found that in 108 of those cases 72 alleged perpetrators were accused of sexual misconduct and of that 72, 39 were teachers with the rest consisting of coaches, security staff, custodians, bus drivers, and school administrators.

U.S. Schools Fail with Regard to Teacher Background Checks.

On teacher background checks alone, USA Today found that U.S. schools failed miserably. The publication graded the states on their performance and found that only 13 of the fifty states received an A or B. In New England alone, Massachusetts and New Hampshire received F grades and Connecticut received a D. Only Vermont received an A. The states were graded on four criteria: Background Checks, Transparency, Mandatory Reporting Laws, and Sharing Misconduct Information.

Using Massachusetts as an example of what USA Today reported:

Background Checks—State screening system needs improvement

Transparency—No information online about teacher disciplinary actions

Mandatory reporting laws—Strong mandatory reporting of teacher misconduct

Sharing misconduct information—Some teachers’ misconduct not shared with other states

So, What Can Be Done to Improve Employee Background Checks in Schools?

A first step is to conduct thorough background checks on ALL staff, both current staff and those applying for positions. Also check vendors, contractors, and temporary workers/volunteers.

Conduct international or at least U.S. criminal checks to discover criminal convictions in other states or countries.

Conduct ongoing checks to make sure that new arrests while employed don’t slip through the cracks. Checks should include a criminal background check and a search of school/education records and credentials, employment history and work performance, military records, and credit reports.

Check references and ask about complaints or allegations.

Order motor vehicle reports for all candidates, especially for school bus drivers or anyone who will be transporting students.

Use an experienced, professional firm for your employee background screening. A professional firm will conduct a thorough screening that is appropriate for your school and make sure that nothing slips through the cracks. It will also be knowledgeable about the laws that are involved about screening employees and will protect you from potential lawsuits that could result from breaking these laws.

Why Choose The Hire Authority for Your Background Screening?
Be safe, not sorry. At The Hire Authority we are thorough in our screening, which guarantees that you will receive information that is current and relevant. We care about your security and we will work to keep you safe from harm or unnecessary problems.

We’d be happy to answer any questions you may have and give you a quote. Call (508) 230-5901 or visit our website www.hireauth.com.

The foregoing should not be construed as legal advice. Employers should always consult their own legal counsel for advice on labor and employment matters.