Indiana school corporations and parochial schools now are required to conduct more extensive background checks on new hires and volunteers, and all employees must be checked every five years.
House Bill 1079 went into effect July 1 and includes anyone who comes into contact with students, including teachers, administrators, coaches and support staff.
The new law requires schools complete criminal background checks within 30 days of hiring someone and a child protection index check within 60 days. All current employees will have to have their background checks updated within the next five years.
Seymour Community School Corp. currently requires all prospective employees undergo a background check that verifies the person’s identity and checks to see if the person has a criminal history in Indiana and other states in which the applicant resided. The policy also requires a check of the national sex offender registry.
In some cases, there is a limit on how long a conviction can be used by the school district as grounds to not employ someone.
The statute of limitations for using such information is 10 years from the time the person is released from probation, imprisonment or parole, whichever is later.
For some crimes, including murder, kidnapping and sex offenses, there is no statute of limitations. And for an offense relating to driving while intoxicated, the limit is five years.
Seymour Community School Corp. Superintendent Rob Hooker said he agrees with the law’s intent to better protect children from predators, but each district or school will have to determine who will pay for the ongoing background checks and how the process will be implemented.
He plans to bring a draft of the new policy to the school board this month for discussion and a vote.
Currently, SCSC pays $34 per background check on all new employees and volunteers. Some checks cost more if the employee is from another state or county. Hooker said going forward, employees may have to cover the cost out of their own pocket.
“The school board will have to make that determination,” Hooker said.
He didn’t know what the total annual expense to the district would be if the corporation continues to pay for background checks but said he would gather more information to present to school board trustees.
“We have been doing what we are supposed to be with new employees and have done a very good job of checking backgrounds and references and communicating with other schools,” Hooker said. “But it is necessary to be as thorough as possible.”
Hooker said at least 20 percent of current employees will have to be rechecked every year until all background checks have been updated.
But some background check companies offer a discount if you do all checks at once, he said.
In February 2016, SCSC reviewed its policy on background checks after the arrest of a substitute teacher working for the corporation.
On Jan. 27, 2016, Seymour police arrested a 42-year-old Brownstown man on a charge of child molesting following an investigation into a complaint of “inappropriate actions” between an adult and a student at Cortland Elementary School.
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A new state law that took effect July 1 requires all school district employees:
Must obtain expanded criminal background check within 30 days of employment
Must obtain expanded child protection index check within 60 days of employment
School must require expanded criminal background check on each employee every five years
New applicants responsible for all costs associated with obtaining both checks unless the school agrees to pay the costs
Source: Indiana House Enrolled Act 1079
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