Teachers could face more background, reference checks

In January, state lawmakers are expected to weigh requiring school employees to undergo more frequent background checks in response to a USA TODAY Network and IndyStar investigation that found holes in the state’s screening system.

A panel of lawmakers endorsed a series of recommendations Tuesday aimed at strengthening the state’s screening system for educators and streamlining the process of revoking a teacher’s license.

The proposal would require school employees to face background checks every five years, as opposed to current practice, in which they are screened only at hiring. The periodic checks would apply to any employee who has contact with children, including teachers, coaches and substitutes.

Also, initial screenings would need to be completed before employees begin their first day of work at a school. Under current law, school districts aren't required to complete a deep background check before teachers step into a classroom, but within three months after hiring them. And state law could soon require school officials to check employment references, including a potential hire’s most recent supervisor.

But the recommendations of the Interim Study Committee on Education don’t go as far as to completely overhaul the state’s background check system. Local school districts would remain in control of the vetting. One reason for Indiana’s F rating in the USA TODAY Network investigation was the state’s decision to delegate background checks to local school districts rather than a state-level screening that could prove more consistent. Indiana was among 12 states to receive the lowest marks.

Indiana gets 'F' for failing to screen out problematic teachers

A key education policy leader, Rep. Robert Behning, argued that the checks can be done more quickly by school districts, which typically contract with a private company for the work. Making background checks more routine is a necessary step because sometimes school employees commit offenses, but district officials aren’t told, he said.

“You get to a larger community and someone doesn’t live in the community … the district might not always be aware,” said Behning, an Indianapolis Republican and chairman of the study committee.

The proposal also would place more checks on the judicial process to ensure that teachers who engage in misconduct can’t jump from school to school undetected.

The state could revoke an educator’s license if the teacher is convicted of some felonies, including sexual misconduct with a minor and child solicitation. Educators convicted of crimes involving children also would have to give up their license as part of a plea agreement even if the deal reduces their conviction, according to the proposal released Tuesday.

The Indiana Department of Child Services also would be required to report more information to schools, including when the agency verifies child abuse claims against a school employee from an incident that occurred outside of school.

More background checks for teachers, school workers?

As for requiring background checks for school volunteers, more study is needed, Behning said. Right now, school districts choose how to handle those checks.

“It becomes so broad, and then who is going to pay for it,” he said. “We don’t have any idea how many volunteers there are today in schools.”

But Rep. Terri Austin, an Anderson Democrat, said lawmakers need to discuss broad requirements.

“To make sure anyone, regardless of whether they’re a licensed teacher, a school volunteer or someone who comes and goes on a part-time basis, having contact with students has some sort of rigorous screening process,” Austin said.

The proposed changes follow lawmakers' decisions in the 2016 legislative session to require the screening of private school educators and a check of child welfare records. They also placed limits on confidentiality agreements after a high-profile incident at Park Tudor School.

Lawmakers vote to repeal ISTEP, strengthen teacher background checks

In 2009, the state began requiring schools to do an expanded criminal history check, searching records in every jurisdiction a person has lived. Last year, lawmakers required tougher checks by local school districts, including a verification of an applicant's identity. It’s an improvement from past practices, in which background checks were more limited and didn’t require a review of out-of-state records.

The recommendations now go to the Indiana General Assembly for further consideration.

Call IndyStar reporter Chelsea Schneider at (317) 444-6077. Follow her on Twitter: @IndyStarChelsea.