Student Well-Being & Movement

Districts Should Improve Background Checks, Lawyers Advise

By Mark Walsh — April 21, 1999 4 min read
  • Save to favorites
  • Print

When it comes to employee background checks meant to protect children from sexual abuse, school districts should follow a policy of “do ask, do tell,” school law experts say.

Districts can do a lot to improve their background-checking procedures, said A. Dean Pickett, a lawyer in private practice in Flagstaff, Ariz.

“Ask the hard questions,” he said.

Mr. Pickett and Thomas W. Pickrell, the director of legal services for the Arizona School Boards Association, spoke at the annual conference of the National School Boards Association’s Council of School Attorneys, held here April 8-10.

The two lawyers distributed copies of a three-part Education Week series from last December that concluded that sexual abuse of students by school employees is far more common than is generally perceived and that school officials often mishandle such cases. (“A Trust Betrayed: Sexual Abuse by Teachers,” December 1998.)

“What’s it going to take to avoid articles in Education Week about the practices of your school district?” Mr. Pickett asked the more than 300 school board lawyers in attendance. “I hope what it does take is officials reading about this and saying, ‘Not in our district.’”

Mr. Pickett focused on what districts should ask about prospective employees, both of the applicants themselves and of past employers. He recommends that districts adopt a common application form for all candidates that requests all the information the district needs, not just what a candidate has highlighted on a resume.

“Make clear the consequences of giving incomplete or false information,” Mr. Pickett said. His suggested application tells candidates they can be fired, criminally prosecuted, or have their teaching licenses revoked if they give false or incomplete information.

Mr. Pickrell focused on what districts should tell when giving out job references on former employees. Too many districts have resorted to giving so-called neutral references out of a fear of being sued for defamation, he said.

With a neutral reference, districts will confirm a name, dates of employment, and job titles, but they won’t comment on the past employee’s performance.

“No-comment policies are allowing school districts to officially forget problems they have had,” Mr. Pickrell said. “I think we can do better.”

Last school year’s wave of school shootings is now starting to result in civil lawsuits against districts and administrators.

Lisa L. Swem, a Lansing, Mich., lawyer who defends school districts, said parents of victims of the December 1997 shootings at Heath High School in West Paducah, Ky., have filed a civil suit naming four school board members, six administrators, 17 teachers, four counselors, and a school psychologist.

Three students were killed in a shooting spree carried out by then-14-year-old Michael Carneal, who pleaded guilty but mentally ill last year and was sentenced to life in prison.

The district was recently dismissed from the civil lawsuit, Ms. Swem told the conference. Parents filed a new civil suit last week seeking to hold 25 media companies partially responsible for the shooting spree.

Much of the first lawsuit is based on the defendants’ alleged “failure to intercept warning signals” in Mr. Carneal’s behavior prior to the shootings, Ms. Swem said. The suit cites Mr. Carneal’s poor discipline record and a disturbing series of stories he wrote, among other actions the plaintiffs say were warning signals.

Ms. Swem said the critical lesson of the slayings in West Paducah, Jonesboro, Ark., and elsewhere is that school administrators should take any credible threat of violence seriously.

Many districts, she said, have adopted anonymous “tip lines” and cash-reward programs for students to report any threats of violence made by their classmates.

One thing is certain, Ms. Swem added: Some of the responses to the threat of violence that districts have adopted will end up being tested in the courts.

So-called high-stakes testing of students has been sweeping the nation. R. Craig Wood, a Charlottesville, Va., lawyer, pointed to the recent criminal indictment of the Austin, Texas, school district and a top administrator there for alleged tampering with test information as a sign that the stakes are high for the public schools themselves as well as for their students. (“Austin District Charged With Test Tampering,” April 14, 1999.)

Students have challenged such tests and graduation requirements on the basis of the 14th Amendment’s guarantee of equal protection and due process of law, Mr. Wood said. One issue so far has been whether students received proper notice about the tests and the consequences of failing them.

Another issue is curricular validity--whether the exams are testing what has been taught in the curriculum.

“If not,” Mr. Wood said, “any student who fails that test will have an equal-protection claim against the school district.”

A version of this article appeared in the April 21, 1999 edition of Education Week as Districts Should Improve Background Checks, Lawyers Advise

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
Personalized Learning Webinar
Differentiation That Delivers: Proven Practices From High-Growth Districts
Make every minute count. Proven strategies from educators and leaders driving real student growth. Save your seat!
Content provided by i-Ready, Curriculum Associates
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
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
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
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education

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

Student Well-Being & Movement Preventing Measles Outbreaks in Schools: Key Takeaways
Schools can insulate themselves from health risks through a combination of knowledge and prevention.
1 min read
A flyer is displayed at a Pennsylvania Department of Health measles vaccination clinic located in Lancaster County in Peach Bottom, Pa., Tuesday, Oct. 20, 2026.
A flyer is displayed at a Pennsylvania Department of Health measles vaccination clinic located in Lancaster County in Peach Bottom, Pa., Tuesday, Oct. 20, 2026.
Matt Rourke/AP
Student Well-Being & Movement Q&A Teaching Feelings at Age 4 Pays Off at 21, 20-Year Study Shows
Social-emotional learning in preschool is associated with better measures of well-being in young adulthood.
5 min read
Students sit during a TK class at First Street Elementary School in Los Angeles, on Wednesday, April 22, 2026.
Students sit during a transitional kindergarten class at First Street Elementary School in Los Angeles, on April 22, 2026. A new longitudinal study found that social-emotional learning in preschool is associated with better measures of well-being in young adulthood.
Ethan Swope/AP
Student Well-Being & Movement Dealing With Students' Mental Health Is Exacerbating Teachers' Own Challenges
The more mental health and behavioral supports teachers provide, the higher their own burnout risk.
3 min read
Thoughtful mature teacher working on laptop in the classroom. Profile view of female professor brainstorming while working on a computer in the classroom of elementary school. Mental health struggle
Vanessa Solis/Education Week + Getty
Student Well-Being & Movement Measles Has Come Back in Force. Is Your School Ready?
The United States has recorded more measles cases this year than in any year in more than three decades.
7 min read
A nurse, prepares a combination measles, mumps and rubella vaccine for a patient at a pediatrics clinic in Easley, S.C., March 17, 2026.
A nurse, prepares a combination measles, mumps, and rubella vaccine for a patient at a pediatrics clinic in Easley, S.C., March 17, 2026. Public health officials say that school districts can help themselves respond quickly to a measles outbreak if they know which students are vaccinated.
Mary Conlon/AP