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From the Desk of Dr. Halley: Background Checks

By Halley, Heath on August 27, 2019

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Good morning, while in attendance of several law conferences over this past summer, I learned of recent legislation (Senate Bill 604) which will create new requirements regarding background checks for volunteers of Putnam County R-I and volunteers throughout the state of Missouri.  The requirement has been engrafted into the statutes that pertain to criminal background checks for other school employees who have contact with pupils. Accordingly, the scope and procedures that apply to such employees also apply to the volunteers covered by the new legislation. The information below is from a lengthy discussion had with attorneys for Putnam County R-I to be in compliance.  

The requirements apply to “screened volunteers,” as defined by the statute.

1. “Screened volunteer” means “any person who assists a school by providing uncompensated service and who may periodically be left alone with students.”  (This is a direct quote from the statute.)

2. The school district must conduct a criminal background check for all screened volunteers before they are left alone with students.

3. “Screened volunteers” include but are not limited to the following (listed directly from the statute):

   1. Persons who regularly assist in the office or library;

   2. Persons who mentor or tutor students;

   3. Persons who coach or supervise a school-sponsored activity before or after school;

   4. Persons who chaperone students on an overnight trip.

4. “Screened volunteers” may only access student records when necessary to assist the district and while supervised by staff members.

5. Volunteers who have not been screened may not be left alone with a student or have access to student records.

As stated above, the scope and procedures for conducting the background checks for volunteers are the same as for employees.  That means that an FBI fingerprint check will be required. Additionally, although it is not explicitly included in the new legislation, the best interest of the district and students would require conducting a child abuse/neglect check, as well.  

With respect to the specific provisions listed above, the new law does raise some questions, including but not necessarily limited to the following:

1. Just how broad is the scope of persons to be screened.  There are numerous situations in which a volunteer may be periodically left along with students.  If a district fails to screen a person who is left alone with a student, and misconduct occurs, the law creates a significant basis for liability.

2. The list taken from the statute should certainly not be interpreted as exhaustive.  Any volunteer regardless of assignment or classification, who may be alone with students should be subject to the criminal background check requirements under the statute.

3. For the reasons set forth in the immediately preceding paragraph, chaperones for most activities that do not include an overnight stay may be subject to the requirement.  Field trip chaperones are often alone with children – that is, separated from teachers and administrators. It is important to consider carefully the definitions included in and the intent of the statute.

4. It is also very important to remember that volunteers (e.g., a health room volunteer) may not be alone with students or have access to student records unless they have been screened.  This is a much stricter requirement than exists under FERPA.

5. Even if volunteers have been screened, they may not access student records unless supervised by staff.  Therefore, the exemplar health room aide in paragraph 5 immediately above could not consult medication records or the health room log applicable to students unless supervised by a staff member.  The inability to access student records unless supervised by “staff” (a term that is not defined in the statute) is a potential inconvenience and an easy requirement to overlook.

The purpose of the legislation is obviously laudable.  We should and must do everything in our power to keep our children safe.  So, to follow the law and to continue to ensure student safety, we must ask those of you who support our students to please make an appointment soon to schedule your background check.  That way you can continue to be engaged in our school district. Below you will find our procedures as they pertain to criminal background checks. Thank you for your consideration and support of our children.  

Sincerely, 

Heath

Background Check Procedures:

ALL STAFF AND VOLUNTEERS ARE REQUIRED TO HAVE BOTH THE REQUEST FOR CHILD ABUSE OR NEGLECT/CRIMINAL RECORDS BACKGROUND CHECK (FREE) AND THE FBI/HIGHWAY PATROL FINGERPRINT BACKGROUND CHECK.

New Staff/Volunteers

• It is the responsibility of the staff member/volunteer to make sure all background checks are completed.

• All background checks MUST be complete (with results) before staff/volunteers can have student contact.

  • Contact Terry Owings in the Superintendent’s Office to tell her that you have had your fingerprint background check done. 

• Administration will inform the new staff/volunteers that they are cleared to work.

• NO paychecks will be given to any employee/volunteer who does not have the required background checks completed.

Internal Procedures

1. Background check paperwork and forms are given to all new applicants.  New applicants are told specifically that these need to be completed if they are hired.

   1. Administrators should remind new hires to start the required background check process and refer them to Terry Owings in the Superintendent’s Office if they have questions.  New hires should also use this time to get new employee paperwork from Kathy Rhodes in the Superintendent’s Office.

2. Administrators will tell all Volunteers to report to the Superintendent’s Office to receive information on the required background checks.

3. All new staff/volunteers are to notify Terry Owings in the Superintendent’s Office once they have completed their fingerprint background check.  The paper copy Request for Child Abuse or Neglect/Criminal Records Background Check form should also be given to Terry Owings.

4. Once the results from both background checks are available, Terry Owings will notify the Administration with the results.  She will also notify Kathy Rhodes (Business Manager) that the required background checks are completed for the staff member/volunteer.

5. The administration will inform new staff/volunteers that all required background checks have been processed and if they are cleared.

** Request for Child Abuse or Neglect/Criminal Records Background Checks are REQUIRED to be completed yearly by all active staff/volunteers.

**The FBI/Highway Patrol Fingerprint Background Check only needs to be redone if you have not worked/volunteered for at least 1 day in the previous school year.