Published: 01-23-08
Parents shouldn’t have to worry about the safety of their children at public schools in Texas. Unfortunately story after story has been reported of sexual predators in our public schools. In many cases these individuals have criminal histories and simply bounce from school to school without a trace. Hearing from young victims and their parents convinced me that business as usual was no longer acceptable. During the last legislative session I was proud to pass Senate Bill 9 which requires every public school employee – both certified and non-certified – to submit to a criminal background check. The bill also prohibits a public school from employing anyone convicted of a sex offense or a felony against a child. These measures began this month and must be completed by 2011.
There have been many articles written around the state about this new law. I want to reinforce the need for this legislation and stress that we can never let down our guard when it comes to the safety of our children. Their continued safety is priority number one. The following are some questions I have been asked in the past weeks about the bill. I hope these answers will help clarify its need and intent:
1. Is this really a problem in the schools?
- The Associated Press reported late last year that 2570 educators nationwide had their teaching credentials revoked or sanctioned between 2001 and 2005 for allegations of sexual misconduct.
- At least 200 Texas teachers have active sanctions on their certifications for sexual misconduct that occurred between these years.
- In 2004-2005 the State Board for Educator Certification found that 66 certified teachers were registered sex offenders.
- This data only pertains to certified individuals. The incidence of non-certified employee offenders is likely similar to that of certified employees. Prior to SB 9 and the clearinghouse it created tracking was more difficult for non-certified personnel.
2. Who must submit fingerprints for a criminal background check?
- All certified educators (teachers principals superintendents)
- All substitute teachers and aides certified or not
- Non-certified employees (janitors cafeteria workers etc.) or contract employees hired on or after January 1 2008
- Charter school teachers and other professionals
3. Who is required to undergo only a name-based statewide background check?
- Non-certified employees hired before January 1 2008
- Contract employees hired before January 1 2008 who have direct contact with students
- Student teachers
- Volunteers excluding parents guardians and those accompanied by district personnel
4. How much does the background check cost? Who pays for it?
- This is a one-time fee.
- Once a person is in the clearinghouse they are not required to pay again when applying with another district.
- The background checks cost $52 and those subject to the checks are responsible for the cost.
- Many industries require background checks as part of the hiring process. It seems reasonable for schools to require this as well.
- Some districts will pay for their potential employees to be checked if they are unable to pay. The best solutions will be addressed on a district-by-district basis.
5. Is this an unfunded mandate?
- While some districts have chosen to pay for background checks or to purchase the machines this is a choice of a local district based on the job market in its area.
- For districts that are already conducting background checks this should prove cost-saving because it is a one-time cost. Once personnel are entered in the clearinghouse it costs only $1 to process the applicant.
- The requirement from the Legislature is that districts take steps to ensure they are not hiring convicted sex offenders.
Individuals who prey on children tend to seek employment in places with easy access to our children such as public schools. As long as our schools are the responsibility of the state we cannot stand idly by without taking measures to ensure their safety. This measure is not the magic bullet to eliminate all predators from our schools. But it is a strong significant step toward putting our children’s safety first.
