Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Criminal background checks of prospective school employees

Criminal background checks of prospective school employees
Source: Office of the State Comptroller

The Safe Schools Against Violence in Education (SAVE) Act, [see Chapters 180 and 181 of the Laws of 2000] became effective in July 2000. It requires, in pertinent part, that applicants for teaching and most other positions in New York?s public schools to be checked for criminal histories.* The act does not specify a particular timeframe but states that checks should be completed ?promptly.? The act, however, allows a school district to hire an individual on a conditional basis before his or her background checks is completed if approved by the school board or the State Department of Education [SED].

State Comptroller Thomas P. DiNapoli reported that criminal background checks for some individuals applying for jobs in schools were subject to long delays, resulting in some individuals working at schools for several months before their criminal background checks were complete, according to an audit issued Februray 12, 2009 by the Comptroller.

Auditors examined SED?s monitoring of background checks from March 2006 to August 2008 and found that at least 157 of the 469 applicants being checked had been hired by public schools before their background checks were completed. Thirty of the 157 had some kind of criminal history, including charges such as assault and criminal possession of a controlled substance; one individual that worked in a school for three months who would have been denied clearance for employment because of his criminal background. Click here to see the list of 30 schools that hired individuals with some type of criminal history.

Auditors also found that some school districts did not ask for background checks in a timely manner.The audit recommends SED:

1. Modify the electronic system to track the status of each application and identify those that are outstanding;**

2. Monitor how long it takes to complete background checks and notify applicants and school districts if it will take longer;

3. Track the dates that applicants are hired and terminated and instruct school districts to enter information in a timely manner; and

4. Ensure that school districts are requesting background checks in a timely manner.

SED receives about 50,000 applications a year for background checks.The Office of the State Comptroller regularly audits state agencies, public authorities and New York City agencies.

Click here for a copy of the audit or visit
http://www.osc.state.ny.us/audits/allaudits/093009/07s119.pdf.

Click here for a list of the schools that hired individuals with criminal records or visit http://www.osc.state.ny.us/press/releases/feb09/021209schoollist.pdf

* The new employee fingerprinting requirements apply to all charter schools as well.

** There is currently an on-line service available through the Department of Education's Internet site that permits public schools to obtain application status updates on current or potential employees and submit requests for fingerprint clearance for prospective employees at:
http://www.highered.nysed.gov/tcert/teach/

Full post as published by New York Public Personnel Law on February 16, 2009 (boomark / email).