School officials want background checks

Lawmakers and state education leaders are working to improve awareness of teacher arrests and implement criminal background checks for educators in light of a legislative audit.

Legislative auditors deemed the current system for finding the criminal histories of public school employees "flawed and ineffective."

A sample of approximately 1,200 individuals at 32 schools in Salt Lake, Jordan, Granite and Davis school districts identified 17, or 1.4 percent of, current employees with "concerning criminal convictions," said legislative auditor Brian Dean.

The convictions include felony sex assault, indecent exposure, aggravated assault, theft and drug use.

The Legislature's Education Interim Committee reviewed the issue last Wednesday. Auditors pointed out the percentage of problems is small.

However, committee co-chair Rep. Greg Hughes, R-Draper, said even 1 percent is a big deal if it is your child who is harmed. "I think this is an area where we had better be perfect," he said.

Nine of the employees were convicted before they were hired, six after being hired, and two were convicted both before and after they were hired.

Of the 1,200 employees sampled, 49, or 4.1 percent, had criminal histories.

The audit was released in April. It can be viewed online at le.utah.gov/audit/newaudit.htm.

"We have taken this issue very seriously and are responding very quickly," said state school deputy superintendent Larry Shumway.

The State Board of Education's Law and Policy Committee is drafting rules to change the system and implement more oversight.

A potential rule requires both licensed (such as teachers) and classified (such as custodians) employees to report within 48 hours any arrests or a convictions to their charter school director or district superintendent, who is then to notify the state education office.

Particularly emphasized are offenses involving sex, drugs, alcohol or crimes against a person such as assault, stalking and making threats.

Because employees may be reluctant to report an arrest to their employer, the state education office is discussing implementing a personnel database that would alert education employers of arrests. It would include the employee's name, date of birth and Social Security number.

Furthermore, new employees and teachers renewing their licenses would be required to be fingerprinted and undergo a criminal background check.

"We would work directly with the Department of Public Safety to get that set up," Shumway said.

Requiring the new criteria would result in the teacher licensing fee, paid by the educator, to increase from $50 to $70.

"I don't think $70 is a significant cost when we're talking about the safety of our children," said committee co-chair Sen. Howard Stephenson, R-Draper.

The school board intends to discuss the new rules June 5.

E-mail: astewart@desnews.com