New London, CONNECTICUT

October 22, 2008 - Hired in August, Alison Sposato, 34, was arrested and charged with possession of crack cocaine and driving in possession of crack cocaine.

She is an English as a Second Language teacher at Bennie Dover Jackson Middle School. According to Rhode Island court records, Sposato pleaded no contest and was sentenced to one year of probation in 1999 for simple assault and shoplifting.

She resigned. The district will inquire with its attorney on how best to strengthen its screening process to ensure the district does not hire people deemed unfit to work with children.

No public school in Connecticut does random drug testing. Most, including New London, do not do pre-employment testing which would most likely be a matter of negotiations with the teacher's union. (Be sure to read the comments at the story.)

Oct 23 - "Screening teachers for drugs"
Parents would like stricter hiring policies including drug testing. New London police, fire, and public works do pre-employment drug testing and are considering random testing.

Oct. 24 - The Day.com editorial, "Hiring concerns in teacher arrest"
QUOTE The district's application for teaching positions, posted on its Web site, requires applicants to reveal a criminal record if they have one and, if so, to provide details. School officials have not said whether Ms. Sposato answered the question honestly.

In this computer age, information on criminal histories is easily accessible. New London and all school districts must assure they have all the facts before hiring employees. UNQUOTE

Ambridge, PENNSYLVANIA

School Board member wants tougher screening.

July 30, 2008 - Ambridge School Board Member William Scherfel criticized the district’s hiring process Wednesday before casting the only votes against 16 new hires.

Of particular concern was the possibility of pedophiles seeping into the school system, he said. Scherfel said he didn’t believe any of the candidates were properly screened.“These kids are too important to just indiscriminately hire someone…We already had one pedophile in our school district. We don’t need another one,” Scherfel said, referring to former social studies teacher David Costanza, who was sentenced last year for having sex with a 15-year-old student.

Employees must have criminal background, child abuse and FBI checks to be considered; administrators interview and make recommendations to the board. Scherfel said many pedophiles don’t have records, and said he would invite a professional firm to discuss other screenings with the board next month.

TT - David Costanza, 28, is the son of then-school board president Charles Costanza. He was sentenced to six months to two years in county jail - not prison - followed by 5 years' probation for sex with a 15-year-old girl. At the time of his sentencing in July 2007, two teachers testified on his behalf, one of them slated to be the victim's teacher in the Fall.

Ambridge Area School Board President Dr. Bernard Logan chastised the two teachers.

"I believe you lost sight of the bigger picture," Logan wrote. "Mr. Costanza preyed on a 15-year-old girl. She slept at his house. The relationship went on for weeks. ... How you diminished these actions and testified to his positive contributions, while this girl, the victim, with her family, sat in the courtroom, is beyond my understanding."

Entry for Costanza.

There may not be any screening that will accurately predict teachers who will misbehave. However, there should be tougher sentences for those who sexually abuse students. While states like Louisiana, Kentucky and Arkansas are passing laws to criminalize teacher-student sex, Pennsylvania continues such absurd lenient sentences even for the most lurid cases. It's a state where teacher strikes are common (82 in seven years.) But if you want to know why there's no attempt to correct the situation, you need to look at the corruption that starts at the top.

You'd think they would be ashamed that they make New Jersey look almost respectable.

Background Checks

Texas is in the process of creating a state-wide database of teachers. When background checks became mandatory for new teachers in 2003, employees hired before 2003 were exempt.

A new law took effect January 1, 2008 that requires background and fingerprint checks for every district employee, whether or not a previous check was done. The state is randomly selecting districts and fingerprinting and conducting the checks. The checks must be completed by Sept. 1, 2011.

NEISD (June 25, 2008 Source: WOAI 1200 radio) The North East Independent School District in San Antonio released the results of their numbers.

Of the 6,575 employees tested, roughly 4.2%, including 125 support employees, 138 teachers, and 17 administrators came up positive for misdemeanors ranging from drunk driving to public drunkenness to hot check writing.

The district says four employees came up positive for felonies, and three have left the NEISD, and a fourth is under investigation.

School districts have taken different tactics in releasing the information to the public. Some, like the San Antonio School District, released specific numbers of employees who have a history of different types of offenses.

North East simply released the number of employees who came up positive and the list of offenses. The Austin ISD has refused to release any information, and has sued the Attorney General in an effort to keep the information under wraps.

SCUCISD (June 25, 2008 Source: KSAT.com) Officials with the Schertz-Cibolo-Universal City Independent School District released the results of its nearly 1,000 tests Wednesday. Of the 946 employees tested, there were 68 previous arrests including two for felony offenses.

District officials said one of those felony arrests have been investigated and appropriate action was taken against a substitute teacher and the second felony arrest resulted in a case dismissal.
The number of arrests from both districts do not necessarily include convictions.

SAISD (June 11, 2008 Source: KSAT.com) San Antonio Independent School District - School district spokeswoman said offenses were found for 291 of the district’s more than 3,000 teachers. Offenses were found for about 47 of the district’s more than 950 administrators, the spokeswoman said. The district emphasized that the the numbers are for arrests, and don’t necessarily mean there were convictions following the charges. Two two school district employees already resigned during the fingerprinting process, and some substitute teachers who showed hits will no longer sub for the district.
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AISD - Austin Independent School District - (May 13, 2008 Source: KVUE)
The district released only part of the database. KVUE filed an open records request for the rest and the Texas Attorney General directed the district to release the information.

As of February 28, 2008, with fewer than half the criminal histories reported, every high school makes this list. The top 5 -- Travis High School has 17 teachers, Akins High School with 13, Bowie and LBJ tie at 11 each and McCallum has 10.

But while Travis High School may top the list of schools, there is one place where more people with a criminal history work, The Carruth Administration Center, or AISD Headquarters. Some 18 people with a criminal history work inside the heart of this school district.

The news is not much better for middle schools. Fourteen of the 18 schools employ teachers with a criminal history. At Burnet Middle School, five teachers have a criminal history.
...

Take a close look at the statistics regarding elementary schools. With fewer than half the criminal histories reported, 50 of 77 schools make this list.

AISD summary PDF (found at KVUE)
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TT - entry (Jan 15, 2008) Teachers Upset in Austin
TT - entry (Dec 19, 2007) Taking safety seriously in Texas
TT - entry (Nov 27, 2008) Dallas Morning News investigation found 185 district employees who had felony criminal histories.
TT - entry (Nov 30, 2007) It won't be pretty
The Dallas Independent School District estimates that it could have 200 to 300 employees who are living under assumed names to hide their criminal histories or who lied on their employment applications to conceal arrests that would have prohibited their hiring.
TT- entry (Aug 4, 2007) Cleaning House
TT - entry (Mar 27, 2007) Senate Bill 9 School Safety Act passed.
TT - entry (Nov 27, 2006) Dallas Morning News Investigation.

Texas Education Agency (TEA) on the program.

Millbrook, ALABAMA

They call it a "School Hiring Lapse." It's more commonly known as Passing the Trash.

June 23, 2008 - Jasen Craik, 29, was teaching at Stanhope Elmore High School in Millbrook when he was arrested May 15, 2007 for breaking into homes to steal prescription painkillers. He resigned days later. In July, he applied for a job in another school district and was hired two weeks after being indicted in Elmore County.

Neither Craik or the former school district mentioned his arrest, and the school superintendent at Conecuh County said that they received a solid review of Craik before hiring him. Craik began teaching in August 2007 at Repton High School.

Six months later, Conecuh County school officials learned of the charges when someone came across the news stories online and told the school principal. Craik resigned in February 2008 after school administrators confronted him.

GUILTY PLEA - Craik pleaded guilty on June 3, 2008 to one count of burglary III and one count of theft of property II, admitting he broke into homes to steal medication. He will be sentenced July 22. Elmore County prosecutors said he used time off during his work day to break into homes. One report said he committed his crimes either during his planning periods or during his lunch hour at Stanhope Elmore High to break into homes of friends to steal the drugs.

BACKGROUND CHECK "limitations"- The background check on Craik showed no problems because the check was performed by the Alabama Bureau of Investigation reflect only criminal convictions and not pending charges. A teacher who has pending charges in court is supposed to have their file flagged and the state school board is notified and is supposed to notify local schools.

Background Checks

Police say background checks take 24-hours or are instantaneous.

June 9, 2008 - Police can conduct background checks in 24 hours. When the background check goes through the Arkansas Department of Education, it could take months. Two months after school bus driver Robin Clark was arrested, her background check was still pending. She had two drunk driving convictions in 1997 and 2001. A school bus driver.

The reason? School districts collect the information, send it to the state police, wait for the results. Send the information to the FBI and wait for the results. After a few more checks, if anything is discovered, the Department of Education has its legal office get more information. After getting information from the state police, the department has to contact the courts, get the documents relating to the case and evaluate the applicant’s record.

To combat the problem school districts are starting to hire private firms to conduct the checks.
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TT - What they don't tell you is that hiring a private background check company also circumvents the propensity of the Department of Education to issue waivers for teachers with criminal convictions, something that just about every state does.

The Arkansas Board of Education meeting minutes are online. You can find any number of discussions on waivers for individuals who have been convicted. Sample Something we noticed before.

Mind you, they aren't likely to be as ridiculous as one Oregon legislator wanted to go to pass a bill to allow schools to hire teachers who have been convicted of misdemeanor prostitution in the past.

Background Checks

March 7, 2008 - The Philadelphia Inquirer has an article on tougher checks for school personnel and legislation advocated by PA School Watch founder and executive director Tina Tranauskas.

PA School Watch is actively working with legislators to create background checks for all current Pennsylvania teachers who have been exempted in the past, fingerprinting of everyone who works with children, and notification when an educator is arrested.

Under current law, school employees, student teachers, and outside vendors working in schools who were hired before April 1, 2007, are not required to be fingerprinted. The fingerprints of new and prospective employees are not kept, and law enforcement agencies are not required to notify schools of employee arrests.

Links to the bills are provided.
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TT - PA School Watch does more than publicize teacher misconduct. The non-profit actively works with legislators to reform education, educating them on the problems and working to find solutions. It's a model organization that every state could use.

Reform (sorta)

Expanded background checks.

Feb 9, 2008 - The news item in Virginia:

The House unanimously passed legislation Friday to make it more difficult for those who have sexually abused children to get jobs in Virginia's schools.

Republican Del. Rob Bell's bill would require school superintendents to check child abuse registries in Virginia and other states where applicants have lived in the past five years.
Those with founded complaints would not be hired. The bill also would make it a crime to lie on a school application about past child abuse complaints.

Child Protective Services would be required to notify a school division about employees who have sexually abused children. Teachers who take advantage of their students and have exhausted all appeals would be fired and their licenses could be revoked.

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TT - Some of these provisions are overdue. There are some real klunkers, though. The "founded complaints (plural)" will restrict action when intuition dictates caution. A teacher with a history should not be hired in another district or another state. Period. It shouldn't take more than one complaint to raise a red flag. An unfounded complaint means one that isn't proven by investigating school districts who routinely fail to find evidence in cases where trained police can and do find sufficient evidence to arrest and prosecutors use that same evidence to convict. Few teachers will be found on child abuse registries. Most offenders won't be reported to the state education officials, let alone child welfare agencies. It's true in Illinois and a newspaper investigation proved, in Florida. There are similar complaints in other states.

The underlying problem isn't addressed at all. If there is the slightest possibility that there is a problem or a pattern, the educator should not even be licensed. That should be the bottom line.

You would think a conviction would preclude licensing. That isn't the way the game works. As it stands, in every state, bureaucrats can choose to license or certifiy applicants with criminal records - even felony convictions - to enable them to teach children. In Oregon, a Senate Education and General Government committee wanted waivers for those convicted of prostitution to enable them to teach. Waivers aren't limited to educators. Look what is found acceptable in day care facilities in Oklahoma.

"Exhausted all appeals" is a major part of the problem because as it is, teachers can't be fired even after being convicted of sexually abusing children without lengthy negotiations. You'd think it would be automatic, but it is not. Some states have a list of offenses that mandate revocation, but the process can still take years. "Due process" means undue delay, which gives teachers a bargaining chip with prosecutors and then a bargaining chip for "surrender agreements" with licensing agencies that avoids the term "revocation," substitutes the PR-friendly "voluntary surrender," and means no public disclosure. Firing a teacher isn't final.

And legislators in every state know all of this.

Denver, COLORADO

Perverts and pedophiles seek access to children wherever they can.

Jan 19, 2008 - A day camp teacher has pleaded guilty to sexual assault on a child. Michael DiPalma, 33, pleaded guilty to sexual assault for luring an 8-year-old boy into his car while other children were on lunch break.

DiPalma drove the boy to an apartment parking lot, pulled his pants down and spanked him.

In May 2006, he was fired from an after-school program in Denver after spanking at least two students. In New Mexico, he was given a deferred judgment and probation after he was accused of unlawful sexual contact with a child in 1999.

From arrest story (Aug 4, 2006) DePalma also worked in at least two Denver Public School elementary buildings. Unlike requirements for regular district employees, Colorado law does not require schools to conduct state and national criminal-background checks for contract workers or volunteers.

In May, he was barred from continuing to teach an after-school enrichment class offered by Computer Tots/Computer Explorers at Steck Elementary School.

DETAILS
New MexicoPolice Report
Click here to read the report detailing the Albuquerque Police Department's investigation into Michael DiPalma's past. (PDF)

SENTENCED April 4, 2008 - Palma was sentenced Friday to two years in the county jail - not prison - and intensive supervision sex offender probation for 10 years to life. He will be required to register as a sex offender.

Background Checks

Good follow-up story.

Jan 17, 2008 - WHOI ABC 19's Jessica Wheeler wanted to know if the accusations could hurt Illini Bluffs principal's chance of getting another job as an educator and how it would affect any background checks that might be run on him in the future. He was acquitted of raping a 20-year-old girl.

We spoke with the Tazewell County Regional Superintendent of Schools- who told us- only convictions show up in background checks- not charges.

He says applicants do not have to disclose if they've been accused of a crime.

"The only thing that would show up if he were to go to apply for another position in a different county other than peoria, he would have to transfer his teaching certificate and his administrative certificate to that county and then on that form he would have to answer- has he ever been convicted of a felony- and he would put down no- he had never been convicted and that's the only questions they would ask when he went to transfer his certificate," said Tazewell County Regional Superintendent of schools Rob Houchin.

The superintendent also told us many districts go above normal background checks and call former co-workers of an applicant. That could hurt an accused teacher's chances.

That's good journalism. TT - Link for Walker

Austin, TEXAS

Jan 15, 2008 - According to a Keyetv 42 report, "Teachers upset about fingerprinting."

A new law requires all certified employees of Texas school districts to submit to a national background check by giving a fingerprint.Some teachers say while they aren't against keeping predators away from children, they are opposed to the practice of fingerprinting.

District employees have 80 days to comply with the new fingerprinting law. A few teachers said they are looking into what would happen if they refuse to do it on the grounds it violates their civil liberties.

TT - It's a new law. The new law, which took effect Jan. 1, requires all certified teachers and substitutes to be fingerprinted by Sept. 1, 2011. Even if they've already been fingerprinted, educators will have to undergo the $52.20 procedure again when they are notified so their information can be entered into a statewide registry. School employees who don't comply risk losing their teaching certification. TT - Link The state pays for the costs.

Every new teacher in Texas has had to undergo criminal background checks and fingerprinting since 1989. However, teachers who were convicted of criminal offenses after they were employed have not been reporting the convictions to their school district or the Texas Education Agency.

The registry that could be a model for a nationwide registry.

It's pretty obvious that the teacher who was quoted was spouting the union view.

Before the new law went into effect, Texas only required checks for those certified since 2003.

Background Checks

Taking safety seriously in Texas.

Dec 19, 2007 - Beginning Jan 1st, the Texas Education Agency will randomly select school districts and give educators 80 days to get fingerprinted for criminal background checks.

The new law, which takes effect Jan. 1, requires all certified teachers and substitutes to be fingerprinted by Sept. 1, 2011. Even if they've already been fingerprinted, educators will have to undergo the $52.20 procedure again when they are notified so their information can be entered into a statewide registry. School employees who don't comply risk losing their teaching certification.

The new law also teachers who are found to have been convicted of certain felonies to lose their state certification. Some teacher advocates are concerned that teachers could lose their jobs when the background checks reveal old, minor offenses.

The state is paying for the fingerprinting and background checks for those employeed full-time for the 2006-07 school year. Once teacher's names are entered into the state clearinghouse, districts will be automatically notified if an employee is arrested.

Background Checks

Dec 15, 2007 - A Daily Herald editorial, "Right way to check teacher backgrounds" responded to a recent series from the Small Newspaper Group on how Illinois fails to vet teachers before they are hired and fails to remove them when they are unsuited.

The Daily Herald wants certain serious disciplinary actions and dismissals reported to the State Board of Education, with the records held secret unless the person seeks to find another job in the schools. They don't want it to go "too far."

They concluded,

Some go too far, however. The head of a national group seeking to prevent abuse of students by teachers wants periodic criminal checks throughout a teacher's career, as well as psychiatric evaluations and polygraph tests. This is ridiculous. We must remember that teachers who abuse children are a tiny, tiny minority. A widespread effort would be a waste of time, money and resources, not to mention an incredible intrusion into the lives of the thousands and thousands of innocent teachers.

TT - Maybe they didn't notice, but most police in this country are subjected to random polygraph tests, psychiatric exams AND drug testing. It is a requirement of the job. The rationale is that police are in a position of trust. Are teachers less so? Especially when they deal with our children?

Irwinton, GEORGIA

Oct 5, 2007 - Willie Bradley, Wilkinson County middle and high school band director, was arrested after he allegedly failed to report a vehicle accident that led to authorities learning he was a wanted man with a criminal history.

He was hired by the school district before his background check was complete.

Wilkinson County Board of Education Chairman Dickie Branan said Monday that Bradley was a late hire and they did not have a band director to start school and it is common for rural counties to hire and have teachers in place before all the background checks are complete.

They discovered an outstanding warrant from Newton County and a criminal history in North and South Carolina on Bradley. The criminal history included a felony conviction for entering an auto and one charge of possession of cocaine. The latter charge was later dropped. Police also found Bradley was on probation.

Background Checks

Sept 30, 2007 - Arkansas Democrat Gazette: "Arrest reveals gaps in checks"

When teacher’s aide Robert N. Richards was arrested earlier this month on child pornography charges, school officials immediately removed him from the classroom.

But his bosses at Leverett Elementary School didn’t know at the time that Richards, 53, already had been in trouble with the law in Fayetteville.

He’d been convicted of seven misdemeanors since 1986 — four of which occurred after he began working with children in 1998.

State law requires non-licensed school employees such as teacher’s aides, janitors, etc. to undergo criminal background checks only once before they are hired.

Teachers Teachers undergo checks each time their licenses are up for renewal, which is typically every five years.

Police do not automatically notify school districts. School districts do not automatically notify the state Department of Education. And there is no statewide registry or database to alert districts when they hire.

TT - Link to Richards

Background Checks

September 7, 2007 -

Background checks are required for new teachers entering schools except when it isn't convenient.

That seems to be the message anyway from several districts in Alabama that hire on a "temporary emergency basis," so that there is a warm body in the classroom.

Placing teachers and other employees in Birmingham city schools before completion of their background checks is common practice, said spokeswoman Michaelle Chapman.

"It takes months to get the background checks back," she said. "If you've got openings, you've got to fill them."
...
The state Department of Education disputes the contention of area school officials that the checks take weeks or months to complete. A spokesman said it takes 12 to 24 hours if the criminal background check is clear, but it can take months if something turns up.

But the best explanation may be because the applicant pays $49 for the background check.

The process is slow because the background checks are paid for by the applicants, said Nez Calhoun, spokeswoman for Jefferson County schools.

"If they paid for them at the time they applied for the job, the process would be a lot quicker," she said. "But nobody wants to pay $49 for a job they may or may not get."

Brighton, COLORADO

Story dated August 7, 2007 - The Brighton Standard Blade looked at how school districts deal with background checks.

TT - The really disturbing part is at the bottom.

The state education department sends the district an updated list of teacher license revocations and/or suspensions, usually twice a year.

Good to know they're right on top of things.

Dolthan, ALABAMA

July 20, 2007 - An Alabama teacher arrested on two counts of enticing a child for immoral purposes in July was "let go" in May by the school when they found out that he had prior arrests for bad checks and simple battery in Georgia. He had worked six months before they learned of the charges.

After letting him go and before his arrest, they were notified by the state Board of Education that Keaton Lamar Battle, 34, met the suitability criteria for employment despite his arrest records.

Michael Sibley, a department spokesman, said the department determines the suitability of school employees with less-than-perfect records on a case-by-case basis. Sibley said a federal court ruling prevents the department from issuing a blanket list of offenses that will automatically excludes people from getting a job in education.

TT - LINK for Battle

TT - In Oregon, they wanted to hire teachers who have been convicted of misdemeanor prostitution in the past. LINK

UPDATE July 22 - Turns out that Battle previously worked in Seminole County, Georgia, before coming to PASS, and the former school district gave him an excellent rating. Except they failed to mention that Battle had been charged in Seminole County for roughing up a student. PASS learned about the history in March and let Battle teach until May when they did not renew him.

UPDATE July 24 - WTVY reports that the state notified the school district that there were discrepancies in Battle's record.

"The letter came in March to the individual and was never presented to the board. So the employment body had no knowledge that he had falsified information on his employment application," said Gayla White of Dothan City School Board.

TT - Why are teachers even allowed inside a classroom before background checks are completed? If a school decides to employ a teacher without the results, why don't they ask, as a condition of employment, that the candidate take a lie detector test? Honest to God, how hard is that?

Gloucester, MASSACHUSETTS

See how easy it is to reform when a union isn't there to stall change? Or use proposed reform as a bargaining chip?

May 30, 2007 - Because a volunteer coach who worked in the Gloucester girls youth softball league this season was found to be a convicted sex offender, the league will now mandate criminal background checks of coaches and volunteers.

We found him within 24 hours of being notified, and before anyone got together again the problem was taken care of. It was a nice tip to get, and everybody did what they’re supposed to do. The problem was removed from the field," saidLouis McGrath, Cape Ann Girls Softball League's commissioner.

The volunteer, Robert Marshall Jr., 38, was convicted of rape and abuse of a child in 1988 and must register with the Gloucester Police Department as a sex offender, according to police. He was also charged with, and acquitted of, assault with intent to rape in 1992. He failed to register will police as a sex offender.

Marshall pleaded guilty in Gloucester District Court to failing to register. He was sentenced to eight months of probation.

Background Checks for Private schools

May 31, 2007 - News item:

Illinois is now the first state in the country to offer federal criminal history information of potential employees to private schools. Governor Rod Blagojevich says the Adam Walsh child protection and Safety Act of 2006 is now going to be implemented across the state. The Act allows private schools to go through federal background checks for potential employees. Previously, only Illinois public schools were allowed to receive this information from the FBI for emplyment screening.

PRESS RELEASE from Illinois Governor's Office. (Dated May 30, 2007)

Background Checks - Oregon

May 31, 2007 - Oregon legislators are considering a bill that would expand background checks to include any employees, contractors or volunteers a school district feels may have direct, unsupervised contact with students. It is Senate Bill 724.

At bottom of the article: "The original SB 724 allows former prostitutes to become teachers in certain circumstances." [We noted that here at TT.]