Lawmakers eye background check expansion for teachers

Indiana lawmakers are proposing a significant expansion of background checks on school employees during this year's legislative session.

Proposals include making the checks more routine and reducing the lag time between when a screen is complete and an employee begins working with children.

A group of bills filed in the Indiana House and Senate aim to strengthen the checks in the wake of a USA Today Network and IndyStar investigation that found holes in the state’s screening process. If passed, school employees would face a screen every five years that would check criminal history and child protection records, instead of just when they’re hired.

State Sen. Jim Merritt, R-Indianapolis, who has authored one of the bills, said it’s difficult for administrators to understand what is happening with every school employee. Because of the difficulty in tracking that information, more frequent screens would help, he said.

“Unless you see a report on television that an employee has gotten in trouble — that we’ve seen on a rampant basis — they don’t have knowledge of situations that are occurring,” Merritt said. “So I think this constant background check is a necessity.”

Some of the proposed changes have concerned union officials and the Indiana Department of Education.

Some lawmakers want to remove the lag time between when an employee can begin working with children and a background check is complete. State law currently provides a three-month window, and an initial proposal in the House sought to eliminate it entirety.

House Bill 1079 would allow a one-month window for educators who are hired either right before or after the beginning of the school year.

The Indiana Federation of Teachers had supported reducing the window, said Sally Sloan, the group’s lobbyist. But she told lawmakers she was unsure what would happen if schools have emergency vacancies and need to hire someone quickly.

“I wonder about the practicality of that,” Sloan said.

A Department of Education official said he understood the thought behind removing the three-month period. But Mike Brown, legislative affairs director for schools chief Jennifer McCormick, said requiring checks before a teacher can enter a classroom could create an “undue burden on our school systems.” Schools hire weeks or even days before the semester starts, he said. That could force a teacher to wait, while the school relies on substitutes.

Also at issue is who should pick up the cost of the background checks: the school or the employee? Lawmakers appear poised to allow school districts to decide whether or not to pick up the cost. The cost of the checks range from $25 to $40, according an analysis by the non-partisan Legislative Service Agency.

The requirements would extend to traditional public, charter and private schools. Merritt said his bill includes all school employees in the screening requirements, including bus drivers and custodians.

Lawmakers also are considering whether to require schools to adopt policies to check a prospective hire’s references before a job offer is extended.

Among other issues, lawmakers also are working to close any loopholes, so the state finds out when an educator is convicted of certain felonies and can revoke the person’s license. Courts would be required to notify the department in those instances. A license could be reinstated if a conviction is reversed.

But the proposals 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.

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