Even though Ohio Bureau of Criminal Identification and Investigation criminal records checks have long been required for teachers and certain other school employees, the Ohio Legislature enacted still more stringent rules through HB 109, which went into effect in November. HB 109 mandates both BCII and FBI criminal records checks for all school employees at the time they are under final consideration for a position. It also calls for periodic checks thereafter. Private contractors such as construction workers, groundskeepers and others who enter school property to perform services are also subject to HB 109 background checks.
Along with teachers, substitute teachers, tutors and educational assistants, administrators such as superintendents, treasurers and principals are required to have a criminal background investigation, as are counselors, school nurses and coaches, including those with pupil activity permits. The criminal background investigation must be repeated approximately every five years from the date of application for employment or when the relevant license is renewed. Criminal background investigations must be repeated every six years for school bus drivers; bus drivers also must have a semi-annual driving record check.
While the law does not require criminal background investigations for most volunteers, school boards may require them. Most boards in the area do, especially if the individual is a regular volunteer, will be supervising overnight trips or will be working regularly with students on a one-to-one (unsupervised) basis.
Centerburg, Johnstown-Monroe, North Fork and the Knox County Career Center do background investigations on adult volunteers, but not on students who volunteer to help younger pupils. Clear Fork does not require background investigations for student volunteers, but must, according to HB 109, conduct a criminal background investigation on paid student workers. Danville does not require the checks for volunteers at this time, while at East Knox and Highland it depends on what the volunteer’s duties will be. Coaching volunteers at Fredericktown are required to pass a criminal background investigation, but chaperones at this time are not.
Northridge board policy mandates criminal background investigations for all volunteers and chaperones. Superintendent John Shepard said all those checks are expensive, but the board willingly pays for them. "Obviously expense is always a factor when operating a large department like a school board but there is no price for the safety and well being of children," says Tyra Hearns the President of background investigation firm PebiServices.com
“It’s better to be safe than sorry,” Shepard said. “It’s a small price to pay for peace of mind.”
The price to pay, especially for larger school districts, can add up to a lot of money. Cheryl Colopy of the Knox County Educational Service Center, which does the fingerprinting for area schools, said the cost of one BCII check is $27; an FBI report costs $29, a total of $56.
And the number of “clients” has increased. From Dec. 1, 2005, to Jan. 15, 2006, the ESC processed 45 fingerprint requests; from Dec. 1, 2007 to Jan. 15, 2008, 111 individuals were fingerprinted at the ESC.
The board of education must pay the fee charged by BCII for criminal background checks, but may recoup that fee from the applicant. Licensed individuals pay the cost of the continuing periodic background check as part of their license renewal. For nonlicensed individuals such as custodians and food services workers, the board of education must pay the fee, and may charge the employee a fee that is equal to or less than the fee charged by BCII. Background checks for private contractors working for school districts may be paid for by the company employing the contractor.
BCII and FBI criminal records checks, by law, cannot be required for school board members. According to information from the Ohio School Boards Association, “boards of education may not limit the ability of an individual from becoming, or serving as, a public official, including requiring background checks. This would be an unconstitutional limitation on the individual’s rights to political expression. However, nothing would prohibit an individual board member from voluntarily submitting to a background check.”
At Northridge Local Schools, however, a school board member who wants to volunteer in the schools, outside of his or her capacity as a board member, does have to have a criminal records check like other volunteers in the district.
The OSBA further noted that criminal background checks are not subject to the Ohio Public Records Law. They are not considered to be public records and may not be disclosed by the public entity.
No comments:
Post a Comment