Very few, if any, schools have the budget to pay for potentially thousands of employee and/or volunteer background checks. And many, probably most, volunteers won’t be willing to pay $40 for the privilege of helping out in their children’s classrooms. Fortunately, it’s now possible to get reliable background checks and continued monitoring for a year for about $5 per person, per year – an amount districts, teachers, staff and volunteers will find more palatable.
The monitoring portion of these checks is critical. Arrests for applicable crimes can occur throughout the school year. No principal wants a volunteer arrested for driving under the influence at a holiday party to be permitted to drive students to a January field trip.
Liability is one of the driving forces behind background checks. All school districts fear the potential lawsuits resulting from improper activities by paid campus staff, vendors or volunteers.
A Few Dos and Don’ts
Here’s a word of warning: numerous state and federal laws – such as the Fair Credit Reporting Act (FRCA) and guidelines from the Equal Employment Opportunity Commission – regulate what can be included in a background check and how it can be used in the hiring process.
Before beginning a background check program, establish a policy for what information will be checked for different paid and volunteer personnel. That process should include input from the administration, human resources and security. Then once a draft plan is completed, have it reviewed by district attorneys to make sure it doesn’t conflict with any laws or regulations.
Then give the plan an annual review to confirm that it’s still meeting campus needs. Make changes as necessary, especially to conform to legal or regulatory changes that can and do occur on a frequent basis. Also, advise anyone in a hiring capacity or the head of the volunteer program to consult with local district attorneys who should be able to answer any questions or shed light on gray areas.
In most cases, an outside third party vendor will conduct district-wide or campus background checks. Not surprisingly, there are good and bad options. Since the selected vendor will play a major role in vital decisions, make sure it meets all federal and state regulations and has experience in the education market. Additionally, look for a company that will include continuous monitoring. Being aware of employee or volunteer behavior inside and outside of the campus can help mitigate risk.
Beware of trying to conduct checks internally through the use of public records. Again, there are potential liabilities (and possible fines) for improperly using any information gained. It’s better to leave the job to professionals. It’s important to know that a district or campus may be held liable for any erroneous information it uncovers that results in declined employment. By using a background check company, such liability will also rest with the professionals.
Be careful in using background checks to deny employment or even volunteer opportunities. There must be a legitimate cause that directly relates to campus duties to disqualify a person.
