by Jason Morris

These types of incidents always infuriate me; “we did a background check!”  What type of background check did you do? I can call one reference, tell you I checked their background and call it a day.  Well it appears that in this story they did a bit more than that but still failed to do it properly.

State law gives private schools the authority to require a prospective employee to undergo a background check. However, private schools aren’t required to conduct that sort of screening, unlike a public school.

Brown’s troubles in Concrete wouldn’t have shown up on a state criminal background check because he was never charged with a crime.

A statewide background check was done and nothing was found.  Even a thorough County search would not have shown the incident because nothing was filed.  However, did they call enough references? Did they verify work history with supervisors? Simply saying they did a background check falls short of a reliable explanation.  I know there are limits to what you can provide and obtain. When it comes to protecting students and children I argue the limits only hurt the kids!

Highland Christian Schools’ attorney reverses remarks

By Kaitlin Manry and Diana Hefley

ARLINGTON — It’s now unclear how much members of the Highland Christian Schools board knew about Mark Brown’s past when they hired him as principal in 2006.

Brown is awaiting trial for allegedly raping a student inside Highland Christian Schools in Arlington.

Brett Nagle, the school board’s attorney, on Monday reversed statements he made last week that the board knew Brown had been investigated for sexual misconduct at Concrete High School before hiring him.

“They did a background check prior to hiring Mr. Brown,” Nagle said Monday. “They spoke to references of his previous employers. They had no information that he had ever been accused of any sexual misconduct when they hired him.”

Brown is accused of sexually assaulting a 14-year-old Highland student at school after he allegedly encouraged her to run away from home. Investigators found nearly 700 text messages between the two from May 21 to June 13, court documents said.

The girl and her family obtained a no-contact order against the former principal on June 24. Brown was arrested July 9 for investigation of harboring the girl at school.

The school board found out about the allegation against Highland’s top administrator on July 14, Nagle said.

It wasn’t until he was charged with third-degree child rape in late July that Brown was placed on administrative leave at Highland. Nagle said the board didn’t take action sooner because it didn’t have enough information about the harboring allegation.

Brown came to the private Christian school after he lost his previous job as a wrestling coach at Concrete High School in Skagit County. He was investigated there after reports of an inappropriate sexual relationship with a female student.

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by Natalie Beck

Effective tomorrow, a new law will go into effect in the state of Florida called Florida’s Ethics in Education Act. This act calls for the re-screening of all Florida teachers to ensure there is nothing in their past that should have disqualified them from employment. Many are concerned that this law will lead to the dismissal of good employees who may have been convicted of criminal activity long ago (with a clean record since) and these dismissals could lead to a multitude of lawsuits.

While we fully support the re-screening of current employees to make sure they keep out of trouble, we also encourage the proper handling of the information one may find. This is a situation where both the state and the individual school districts really need to have all of their ducks in a row. Before any of these teachers are terminated, these employers must make sure that the offense(s) found on the background check can legally be used against the employee. If the case is too old, is a non-conviction, or activity that does not directly pertain to the employee’s job responsibility, it may not be something that can negatively impact the employment of these teachers. In some instances, what is found (depending on the search method) may not be something the employer is even legally allowed to know about.

So, a word of caution to those making the final determination regarding the future of some of these educators – know your employment laws and apply them correctly. Otherwise, you could be in for many years of litigation.

Click here to read “New law calls for retroactive criminal checks of teachers”

by Jason Morris

Statewide teachers’ group and Austin administrators say releasing details of criminal background checks would unfairly subject educators to public scrutiny.

By Laura Heinauer and Regina Dennis

The Austin school district and statewide teacher groups are contesting a ruling by the Texas attorney general’s office that the district must comply with an open records request from the American-Statesman seeking information on background checks that revealed that 310 district employees have criminal histories.

Texas lawmakers recently passed a law requiring all public school districts to fingerprint certified educators and certain other workers by September 2011 in advance of mandatory national criminal background checks.

The Austin district was selected as a pilot site. Of the 310 workers found to have criminal backgrounds as of Feb. 28, the district has not said how many were charged with felonies, how many had convictions or how many were teachers.

In March, the American-Statesman asked the district for documents showing a school-by-school breakdown of what crimes were revealed in the background checks and the outcomes of those cases. The newspaper did not ask for names or other identifying information.

The district, joined by two statewide groups representing teachers, argued that releasing the requested information would violate employees’ privacy rights and is not in the public interest.

The district says state law suggests that it should not release information about the nature of the arrests and whether charges were filed.

Under the Texas Public Information Act, government agencies must respond to written requests for documents within 10 working days or ask the state attorney general for permission to withhold the information from the public.

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by Jason Morris

It seems we have a lot to write about lately in regard to school background checks.  While the offenses were pretty minor, it lends to the discussion of better background checks in our nations schools.

Suspended Bush HS Associate Principal Has Misdemeanor Record

by John Pape

Suspended Bush High School Associate Principal Andre L. Credit has a misdemeanor criminal record dating from the mid-1990s, FortBendNow has confirmed.

Despite widespread rumors to the contrary, Credit does not have a felony record.

Credit was arrested two weeks ago after he allegedly put a student in a “choke hold” during an altercation in the school cafeteria. Credit has said he only used the force needed to control Edgar Arrellano, who witnesses said had thrown a sports water bottle at other students during a “food fight.”

Credit was arrested by Fort Bend ISD Police and charged with aggravated assault. He is currently out of jail on a $15,000 bond.

Court records show Credit was convicted of theft on two occasions, once in 1995 and again in 1996. At the time, Credit, now 32, was in his early 20s and the convictions occurred well before he became an educator.

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by Jason Morris

Its obvious this teachers “union” does not read the employeescreenIQ blog.  Its even more obvious that this group has not done any research on safety in our schools. I can’t believe that this Union can oppose this with a straight face! I empower and encourage all of them to read the articles and postings at employeescreen University.

Teachers call criminal record check law useless
Janet Steffenhagen, Vancouver Sun
Published: Monday, June 02, 2008

BRITISH COLUMBIA - The B.C. College of Teachers is mounting a campaign against a new law requiring adults who work with children to have criminal record checks every five years.

The college says the law, as it pertains to teachers, is useless and it hopes to persuade trustees, principals, parents, school staff and first nations to join its call for government to fix it.

It has invited all education partners to a forum June 17 to discuss what could be done instead to better protect children in schools.

“This legislation is bizarre,” Richard Walker, chair of the college’s governing council, said of the law that took effect Jan. 1.

“It’s useless and it’s going to be very costly at the end of the day.”

The B.C. School Trustees’ Association shares the college’s concerns about the law.

“We’re not convinced it is the most effective way of improving student safety,” president Connie Denesiuk said in an interview, adding that she is looking forward to hearing the college’s presentation at the forum.

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by Jason Morris

Historically educators saw their profession as a “gentleman’s profession” held to a higher standard than others.  Above suspicion, they felt background checks were below them and insulted by the gesture.  We have seen similar stories as recent as last month.  This article shows tremendous support for the practice and an acknowledgment of previous fears.  We know there is a requirement of accuracy under the FCRA, apparently one experience in their forum was less than stellar.

An article from the Chronicle of Higher Education

Criminal-Background Checks: An article from the Chronicle of Higher Education

Criminal-background and credit checks are becoming a common element of faculty and administrative searches. Many states, and an increasing number of private colleges, are requiring background checks prior to or as part of job offers. My university added them this year, and thus we have been navigating in new waters as we deal with candidates during the offer process.

A certain amount of griping has ensued. One of the clearest vestiges of academe’s history as a “gentleman’s profession” is the idea that we, as academics and holders of advanced degrees, are somehow above suspicion, and thus requiring a background check is insulting and degrades us as professionals. That sentiment is certainly understandable, as the presence of a background check is prima facie evidence that candidates are not being taken at their word.

The paradox, of course, is that only those whose word is not good get caught by a background check. I have been around long enough to know about cases where an impostor has gotten an academic job (easily avoided by the now almost-universal requirement for official transcripts sent directly to the employing institution) or where someone with a criminal record has been hired.

In today’s litigious atmosphere — and, more important, as part of our obligation to students, parents, and other constituencies — transcripts and background checks are a fair way to avoid potential hiring disasters.

However, there is another side of this issue. When an institution has a policy requiring background checks, that policy entails that whoever performs those checks be held to absolute standards of accuracy. A recent case discussed in The Chronicle’s Forums described a candidate’s experiences being offered a position contingent on a background check which later came back with negative information that led to the withdrawal of the offer. The information turned out to be wrong, and it fell to the candidate to correct the record, supplying numerous documents and affidavits certifying the candidate’s innocence. The offer was then reinstated only to be withdrawn again, apparently by the institution’s human-resources office. Why? Because the candidate had protested the negative finding.

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by Jason Morris

I will not go into a rant about inadequate background checks in our schools, I just won’t.  This story speaks for itself!  Our kids in public schools are being protected by an inadequate, antiquated background screening process.  Most States require a fingerprint check at the State level and a FBI check at the National level, only if the candidate has lived outside that State in the past five years.

They say they don’t have the money, schools are underfunded.  How many kids have to get assaulted before they realize metal detectors are not the only way to protect students.  A thorough criminal check must be done at the county level.

Since schools are the theme of this posting, administrators should read my series; Employment Screening 101.  Schools are just as liable as corporations.  Standing behind the budgetary excuses and doing the minimum required by state law does not stop 15 year old girls from getting sexually abused.  Administrators can start looking forward to negligent hiring lawsuits in the same way Corporate America does; If you could have known, you should have known!

Local drama teacher charged with sexual abuse had sexual assault allegation again him in past

(WHAS11) - We have new information about a Bardstown High School drama teacher arrested along with his wife last week.

Police say Kevin Holladay had an inappropriate relationship with a female student and his wife Marta Holladay was charged with assaulting that student.

Now, we’ve uncovered new information about Kevin Holladay’s past.

We found some information Kevin Holladay probably didn’t want Bardstown schools to know about and because of the way the district currently does background checks it remained his secret. Until we told his former boss about it on Wednesday.

The drama coach, who goes by the name “Campfire Kev”, had his own summer camp experience 11 years ago, one that could have landed him in prison for 20 years.

In July 1997, Kevin Holladay was charged with sexual assault against a child.

According to reports, Holladay was a counselor at a summer camp in Wisconsin, when he allegedly fondled a 13-year-old girl who fell asleep while watching a movie with him.

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by Jason Morris

I just saw this blog while doing some research.  I think the volunteers claim that the background checks are a violation of civil rights is ridiculous.  I didn’t take the time to comment on the posting but did read some interesting rhetoric and heated debate below the article.  “Its all fun and games till someone gets hurt”….my mom used to say this all the time!  The same people claiming that the background checks are unnecessary will be the same people complaining when something happens to a kid that a simple background check would have prevented!

by Jason Morris

By SHELTON GREEN
KVUE News

An employee of the Austin State School is now the focus of a state and local investigation after allegations arose Sunday that she sexually assaulted a resident of the state run facility.

The Austin State school houses three to four hundred residents with mental retardation.

A spokesperson for the state tells KVUE that Vester Saylee was hired in mid-March as an aide to the mentally retarded at the Austin State School.  She was 4-months away from completing her probationary period when the allegations arose.

The state won’t say if the alleged victim is male or female, but they did say that he or she was examined physically and psychologically the same day the allegations were made and on Monday they were reported as doing fine.

Apparently another State school staffer made the discovery and alerted the state and local police.

Cecelia Federov of the Department of Aging & Disability Services, the agency which oversees the state schools around the state says Saylee was put through an extensive background check which produced nothing.

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by Natalie Beck

You may remember that about two weeks ago, we blogged about this story. When perusing our local news affiliate’s website, I ran across this updated piece. I’m not sure which is scarier – this person working with special education students (as was her former position before she resigned) or working with small children at a day care center (her current position). Scratch that – both very frightening if the criminal records her former employer found in her past turn out to be legit. My question is – if these records do not belong to her, as she claims, why didn’t she officially refute the findings with her former employer instead of just giving up and resigning? Per the FCRA, she has the right to formally dispute the information found in her background check and is entitled to a correction in her report if it is discovered that the records really do not belong to her. Sounds a little fishy to me…

Click here to read “Teacher’s Aide Blames Criminal Background on Mistaken Identity”