Bill would require additional background checks for public school personnel

A bill on the move in the North Carolina House seeks to strengthen criminal history checks for public school personnel across North Carolina, potentially expanding safety measures in schools.

Under current law, local boards of education have discretion over whether to conduct background checks for school employees.

“Every local board of education must adopt a policy on criminal background checks, on whether they require them or not, and if they do, they must follow certain parameters in statute. All, or most of them, have used that discretion to create background checks,” said Brian Gwyn, a staff attorney and analyst with Legislative Research, during a meeting of the House Education Committee on Tuesday.

House Bill 775 proposes to make these background checks mandatory statewide, applying to all new employees in public school systems. Additionally, the bill requires the State Board of Education to conduct background checks, or authorize the State Bureau of Investigation (SBI) to do so, before issuing initial educator licensure. 

While the individual applying for licensure would bear the $38 cost of the background checks, the public school unit could choose to cover the expense for their employees. 

Critics of the bill argue that this financial burden could deter some applicants. Rep. Julie von Haefen, D-Wake, raised concerns, stating, “So basically, a teacher that’s applying for licensure through the state … this is placing an additional financial burden on them, because now they have to pay for a background check through DPI, and then the school district is possibly doing another background check under their own individual policies.”

Von Haefen also pointed out an inconsistency in safety measures between public and private schools, noting, “With all the taxpayer-funded money that’s going to our private schools … they do not require criminal background checks. We want our private school students to be safe as well.”

Proponents of the bill argue that its implementation is a necessary measure to ensure safety and address gaps in the system. 

Rep. Brian Biggs, R-Randolph, defended the legislation, highlighting its preventative value.

“What happens every time a school system comes out and all of a sudden there’s a coach or someone … who has a background that does not get checked? It puts a black eye on our school system,” Biggs said. “This is something to protect school systems, protect staff, protect students. Thirty-eight dollars is going to be a small price to pay to make sure we have safety and security in our schools.”

The legislation is not intended to add undue burden to the system but rather to streamline background check procedures and consolidate efforts, Biggs added. “We’re trying to get clarity again, just trying to help out the school systems,” he said.

The broader implications of the bill also involve charter school board members and other school-related roles. The legislation outlines mandatory background checks for such positions, requiring fingerprinting and consent for processing through the SBI. Furthermore, existing statutes concerning school personnel background checks would be consolidated to create a unified framework.

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