Screening for Your Protection

Employers use background checks to keep
their districts and students safe

By Stephane Babcock

The death of an elderly man caused by an intoxicated bus driver in Connecticut in November 2006 focused a spotlight on the industry as a whole. This spotlight was further intensified in January 2007 when Columbus City Schools in Ohio canceled classes for its 56,000 students after First Student discovered it had not submitted any of its bus drivers’ information to the state for checks since August 2004.

In order to protect the children who ride the bus, and school districts against impending lawsuits, pupil transportation operators are reviewing and renewing their efforts to perform comprehensive background checks on it employees. But where does privacy end and public interest begin?

What Employers See
For most transportation departments and private contractors, pre-employment background checks are not just part of their standard policy, they are mandated by state law. For example, in the Commonwealth of Massachusetts, any employee of a school district, “including any individual who regularly provides school related transportation to children,” must have a Criminal Offense Record Inquiry (CORI) performed prior to employment. But the depth in which these checks can be done can vary between states.

“Some states will put a time limit on how far back a background screening company can report criminal records,” said Gregg Freeman, associate general counsel for HireRight, a company that provides pre-employment screening. “In other limited cases, and depending on the nature of the crime and the particular state’s laws, the applicant may have the right to petition the court to seal and/or expunge their record.”

For some employers, the nature of the crime and the prospective hire’s honesty can also have an affect on an employer’s decision. For Jo Prabhu, owner of the placement and recruiting firm International Services Group, a past mistake does not automatically disqualify someone from a job opening.

“We give people chances. If they have an arrest for drugs 10 years back and no other criminal activity since then, we understand that they may have been young and acted stupidly,” said Prabhu.

But the nature of the crime can also have an effect on a company’s decision, especially if it is job-related, according to Aimee Harvey, a human resource manager for Medical Management Professionals, a provider of business management services.

“For example, an employer hiring a school bus driver would pay particular attention to crimes reflecting on a candidate’s ability to drive safely and to be entrusted as a custodian with children,” added Harvey. “The law recognizes the need to balance these interests. Employers have a legitimate interest in knowing who they are hiring, and this interest is heightened when the employee will be entrusted with protecting the safety of children.”

Special Circumstances
For some schools, background checks not only protect the children they serve but also protect the funds they receive for their district. Native American tribes or tribal organizations that receive funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988 must “conduct an investigation of the character of each individual who is employed, or is being considered for employment, by such tribe or tribal organization in a position that involves regular contact with, or control over, Indian children.”

“We have seen a significant increase in the requirements for background checks ever since the tragedy of 9-11,” said Michele Justice, president of Personnel Security Consultants, a company whose specialty is working with the Native American community. “The federal government started enforcing the background investigation requirements, and it appears that employers have followed their lead. We hear in the news all the time about a sex offender working at another school. Employers are understanding [that] the way to try and prevent such circumstances at their school is by conducting thorough background checks.”

While regulations such as the Indian Child Protection and Family Violence Prevention Act, the Crime Control Act, the Adam Walsh Act and the number of related state and tribal laws are effective tools, it takes more to protect the children in each school district.

“It takes individuals to utilize those tools to develop and strengthen hiring practices to ensure thorough background checks are conducted. It takes a community of those individuals to protect our children,” added Justice.

Keeping Up on Changes
But, once a potential employee becomes a permanent hire, they may still undergo scheduled background checks.

“Every six to eight months I do another background check for all employees through the state, and each year I do a driving record check as well for the past year,” said Penny Esposito, director of transportation for Westbrook School Department, located near the coast in southern Maine.

For Cherry Hill School District outside of Denver, specific requirements for annual driver updates are contained in its bid specifications that are forwarded to all bus contractors by July 1 of each year. The updates include: photocopies of current CDLs; compliance letters with copies of each driver’s current criminal history; background and fingerprinting records; annual certification of school bus drivers; up-to-date drug and alcohol-clear testing certification; copies of current insurance certificates; and affirmative action questionnaires.

“The documents are kept in our files for each bus company,” said Director of Transportation Lynda Ledrich.

For private contractors, like First Student, going above and beyond the state mandated checks are part of company policy.

“We use an outside vendor to do an extensive Criminal Background Check (CRC) at our own expense,” said Mike Morin, Connecticut region safety manager for First Student. “Further, although employees are required by law to report and arrests or convictions to us within 30 days, we also conduct periodic CRCs to make sure that we catch any unreported arrests or convictions. These checks are conducted at a minimum every four years however, many of our contracts with school districts require us to conduct annual CRCs.”

For better or worse, recent events have changed the world we live in and the perspective of many employers. Performing a proper and detailed background check can not only save money and time, but future headaches and possible accidents.

“Be thorough and diligent. Don’t cut costs by not performing certain background checks — do the entire check,” said International Services Group’s Prabhu.