School Climate & Safety

Mich. Sex-Offender Law Has Educators in Uproar

By Lesli A. Maxwell — February 10, 2006 5 min read
  • Save to favorites
  • Print

A new state law meant to purge Michigan schools of sex offenders has stirred up a fierce dispute over privacy rights, as innocent school employees have begun learning that they have been misidentified as criminals.

The Student Safety Initiative, a series of laws that took effect Jan. 1, requires Michigan school districts to obtain criminal-background checks and digital fingerprints for the roughly 200,000 public school employees in the state. State law had already required fingerprints for teachers and other professional staff members who work directly with students.

The new law mandates that the names of all school employees, whether they work with students or not, be run through a Michigan State Police criminal-history database every six months until July 2008, when all districts must have completed digital fingerprint records for employees.

BRIC ARCHIVE

At least nine other states have similar laws requiring all public school employees—from principals to custodians—to undergo criminal-history checks and have their fingerprints taken, according to the National Education Association. Most other states give authority to local school districts to conduct background checks and require fingerprints for school employees.

Results from the first round of background checks in Michigan have sparked angst and outrage among some employees and prompted the state’s largest teachers’ union to demand that the results be voided.

The controversy erupted Feb. 2, when school employees across Michigan, many of them teachers, were summoned by local administrators to be told that their names matched those of convicted criminals tracked by the state police’s criminal-history index.

Any employee found to be a convicted sex offender must be fired under the new law. District superintendents and school board members have discretion to fire or continue to employ individuals found to be convicted of other serious felonies.

The Michigan Education Association, which represents 157,000 school employees statewide, has received roughly 200 phone calls from members who say they’ve been mistakenly identified as criminals.

One, Tina VanSickle, is a 39-year-old middle school computer teacher and varsity-cheerleading coach in Morley, a town 30 miles north of Grand Rapids. Ms. VanSickle, who said she’s never even had a parking ticket, learned from her superintendent that her background check turned up seven misdemeanor convictions and a felony conviction for breaking and entering.

“At first, I just laughed,” Ms. VanSickle said. “I’ve never been in trouble for anything. And then I thought, ‘Why didn’t they do a better job of figuring out if these results are actually right?’ ”

Ms. VanSickle said she shelled out $75 to be fingerprinted and clear her name.

Union leaders are calling for the Michigan Department of Education to scrap the results and start over with the background checks. They point to mistakes across the state, including a teacher in Grosse Pointe who would have been 9 years old when she committed the armed robbery that showed up on her background check.

“It’s just absurd and potentially so damaging for these people,” said Rosalie Bryk, the president of the local teachers’ union in Grosse Pointe.

Martin Ackley, a spokesman for the education department, said last week that so far, school districts had not reported any firings based on the background-check results. He acknowledged several reports of mistakes, or “false positives,” but said the plan all along was to have local school officials sort out the inaccuracies.

“Of course, we expected that there could be situations where a criminal used a person’s name or Social Security number or had a similar name,” Mr. Ackley said. “The intent of sending the lists out to districts was to have them be a final and more direct filter for these matches.”

Newspapers Seek Release

Chad Canfield, the manager of the state police department’s criminal-history unit in Lansing, said two sets of criteria were used to determine if a school employee was a match with a convicted criminal in the database. State police used employee information supplied to them by the state education department, he said.

If an employee’s name, date of birth, and gender matched those of someone in the index (all three were required), state police included that employee on the list. If an employee’s Social Security number matched one in the index, he or she was also included on the list, Mr. Canfield said.

“That’s where most of the problems seem to have been,” said Mr. Canfield, referring to the matches of Social Security numbers. He stressed that without fingerprints, which are unique, there is no guarantee the matches will be accurate.

“This is an index filled with information provided by people at the time of their arrest,” he said. “Many of them find it in their best interest not to be honest when they are arrested.”

Still, Mr. Canfield said, much more analysis of the results could have been done to eliminate inaccuracies. He said the education department did not ask the state police to analyze any results, only to run the names.

“Next time we do this, we need to filter this information more,” Mr. Canfield said.

Margaret Trimer-Hartley, a spokeswoman for the Michigan Education Association, said that ideally no lists would be compiled until every employee could be fingerprinted.

“That would be the most responsible course of action at this point,” Ms. Trimer-Hartley said.

At the same time, the MEA, an affiliate of the National Education Association, is fighting efforts by Michigan newspapers to force the state department of education to release the names of employees convicted of crimes.

Rep. Craig DeRoche, the Republican speaker of the Michigan House, has introduced a bill to force the release as well, arguing that parents need to know if convicted criminals are working in their children’s schools.

The union won a temporary restraining order to bar release of the list last month. A hearing in an Ingham County court was to be held Feb. 10 to determine if the ban would remain in place.

The Detroit News reported in late January that results of the background checks had revealed more than 4,600 criminal offenses among the state’s 200,000 school employees. Of those, the newspaper reported, 2,200 were felonies, including murder, sex offenses, and kidnapping.

Mr. Ackley, the education department spokesman, disputed those numbers. He declined to offer other figures, however, saying he was barred by the restraining order from doing so.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety See The Drones States Are Testing to Stop School Shootings
The remotely piloted drones are designed to distract and swarm would-be school shooters.
1 min read
A small flying drone flies beside the head of a safety dummy during an outdoor demonstration.
A Campus Guardian Angel drone circles a dummy during a demonstration at the Florida Association of School Resource Officers' conference in Jacksonville, Fla. on July 22, 2026. Such drones, which are designed to distract a school attacker, are a largely untested strategy in the school safety world.
Micah Green for Education Week
School Climate & Safety When Gunfire Interrupts High School Football: What Schools Should Do
Education Week has recorded 43 shootings tied to high school football games since 2018.
9 min read
 DSC4660
A high school football field in Crofton, Md., on Aug. 22, 2026. Gunfire has wounded or killed someone at 43 high school football games since 2018, according to tracking by Education Week. Safety specialists suggest deliberate planning ahead of football season and clear assignments for school staff at games, among other steps schools can take to enhance security.
Marvin Joseph/Education Week
School Climate & Safety Q&A Trump's Order on Vaccines Sows Confusion as School Starts
The president of the National Association of School Nurses warns of vaccine confusion and pushback.
6 min read
Xerius Jackson, 7, gets an MMR vaccine at a vaccine clinic put on by Lubbock Public Health Department on March 1, 2025 , in Lubbock, Texas .
A 7-year-old receives an MMR vaccine at a clinic hosted by the Lubbock Public Health Department on March 1, 2025, in Lubbock, Texas. A recent executive order modifying federal vaccine recommendations may sow confusion for parents and add administrative burdens for school nurses amid rising nationwide measles cases.
Jan Sonnenmair/Getty Images via TNS
School Climate & Safety How One State's Schools Are Updating Policies to Fight AI Deepfakes
Illinois has updated school cyberbullying laws to include AI deepfakes, pushing for prevention and support.
5 min read
GettyImages 1977641801BB
A teenager uses her mobile phone to access social media on January 31, 2024, in New York. Meanwhile, Illinois is requiring public schools to update their cyberbullying policies to address AI deepfakes.
Photo illustration by Spencer Platt/Getty Images