Best Practices for Background Screening in

schoolsGEORGIA

A Resource

Background screening in schools certainly has its challenges; however, it’s an important part of keeping your schools safe. So if it’s worth doing, it’s worth doing right.

Because not all background checks are created equal, meaning your methodology may be exposing your district to risk. To ensure that your district engages in its due diligence in screening employees and volunteers, you need to first understand how background checks are performed and why some methods may be more reliable than others.

This e-book was created to educate Georgia school districts on background checks and to define key strategies for a successful program.

Explore further to learn:

How background checks are performed

Why the quality of the screen matters

Introduction

Brown Trasher, Georgia’s state bird • 2

Simply said, a background check is the compiling of public records associated with someone’s criminal or civil history, which means the data provided to employers or other organizations that perform background checks is a commodity. If the data is publically available for anyone to access then why aren’t all background checks the same? The differences lie in the methodology.

What is a Background Check?

A Complex Data EnvironmentThere are 3,144 counties in the U.S., each with its own court system or systems, and approximately 5,400 courts. There is no standardization across the country relating to criminal records. For example, there is no consistency in the personal identifiers provided within records. One jurisdiction may include full name, DOB, height, weight and address. Other jurisdictions may only include full name and age. Because of this, there are challenges to identifying every record that may belong to one individual.

There are additional challenges with finding all records belonging to an individual because of AKA (also known as) names like maiden names or nicknames. Names can also be misspelled in error on records or can be keyed in differently if they contain spaces, apostrophes or symbols.

Unique identifiers such as Social Security numbers are rarely ever provided within court records, which is a huge misconception to those outside the industry. Background screening for employment purposes does not occur by typing in a SSN then records suddenly appear. That’s TV. Not reality.

Georgia peaches - the sweetest fruit around • 3

There is no database, either held by the FBI or commercially, which contains records from every county in the U.S. It’s simply impossible. At best, a commercial database includes records from about 50% of U.S. courts (over 450 million), and the FBI database has about a tenth of those (around 40 million). The most complete and reliable records are never found in a database; they are found at the county level, which is the court of record.

All of these circumstances make it important to use as many sources as possible when performing thorough searches.

What is a Background Check? (cont.)

Chipper Jones, Atlanta Braves icon • 4

All Background Screens are not created equal, and in the case of “national” database screens, they are extremely unreliable when they are used as a sole or primary source. However, many vendors openly promote and recommend a database screen only.

Here’s the real story on national databases:

National Databases - The Real Story

› A complete “nationwide” database does not exist in the U.S. because criminal public record information is highly complex and not consistent from state to state.

› Records from only 50% of U.S. courts are available in a “national” database

› Some counties do not report to any state or national repositories

› The records in a database may not be the most current or have a final disposition—this is often only found at the court of record.

› Database searches often return large numbers of records when using common names, resulting in false positives, which can be a liability for organizations.

Uga, the Georgia Bulldogs’ live mascot • 5

A commercially available National Criminal Database should never be used alone or as the primary method of discovering records, especially when those screened interact with children, even if the vendor tells you they are verifying the data at the county. They are still only verifying the data they found in the database.

So what is the value of using a national database? National databases as a supplement to county level searches in jurisdictions where an individual has lived are extremely valuable. A commercial database

National Databases - The Real Story(cont.)

can be an excellent tool to discover records outside of an individual’s address history. But any records found in this database should still be verified at the court of record. Without this important step, the record’s accuracy could be in question.

The most sophisticated national databases also help discover records that may otherwise be missed by discovering Name Variations (NVAs). Name variation is different than AKAs in that it represents how names may be keyed in differently because of hyphens, apostrophes, spacing or misspellings.

National databases also contain more than just criminal records. They have historical data regarding sex offenders, which may no longer be on the real-time registry, as well as access to the Security Watch List.

Remember: A well aggregated, often updated national database is an essential tool in discovery of records but should be used as a safety net, not the main source.

Fort Frederica National Monument • 6

How Georgia Currently Screens

Georgia Code currently mandates fingerprinting for employees under O.C.G.A. § 20-2-211. Georgia Code does not currently mandate the requirement of or methodology regarding screening volunteers.

Based on conversations with administrators and research into school district policies, Georgia schools most likely screen in these ways:

For employees, most districts do not supplement fingerprinting with any type of commercial grade screen.

For volunteers, most districts screen in this way:› GBI search only› Fingerprinting (just like employees)

Several districts in Georgia do not screen volunteers at all. Many districts also have tiered screening for volunteers regarding the type of interaction an individual may have with children.

Best practices would recommend definingthe difference between a volunteer and a visitor. You should screen all volunteers in the same way, regardless of if they have unsupervised access to students.

John Pemberton, inventor of Coca-Cola • 7

How Georgia Currently Screens

Visitor vs. VolunteerFirst, your district needs to define the difference between a visitor and a volunteer. Most parents would believe they have a right to visit their children while in school. This could include:

› Observing their children in class periodically

› Having lunch with their children

› Attending classroom and school events

These are all occasions that could be classified as “visitor” events, and complete background screening should not be required in most of these cases. However, your district should be highly skeptical of school check-in systems that promise background checking functionality.

When a parent wants to do more than visit a child, by offering to help the school in some way, that parent should then be considered a volunteer. Your district should clearly define and include examples of what constitutes a visitor versus a volunteer.

Augusta National Golf Club • 8

Why Fingerprinting Comes Up Short

The FBI database used for employment and volunteer screening contains one tenth the records of a commercial database (40 million vs. 450 million) with the majority of records lacking final dispositions.

The FBI database must depend on each state to send it information regarding arrests and convictions, and each state must depend on every jurisdiction or county to send it records. Arrests and dispositions must be “matched” successfully as well. Unfortunately, because of the inconsistency and backlogs, this just doesn’t

happen. In 2010, there were 3,492,900 felony arrests in the U.S. in which fingerprinting was conducted. The backlog for unprocessed or partially processed fingerprint cards for the FBI database was 215,597. Thus over 16% of felony arrests in 2010 were not part of the FBI database at the end of that year.

Atlanta, site of the 1996 Olympic Games • 9

FBI Database Shortcomings

› Even less records than the “national” database› Over 50% of records are missing final disposition› Not all states or counties report to the FBI database› The FBI itself warns against using it as a sole source› Only contains fingerprint related offenses which often excludes lower level misdemeanors

Not only is fingerprinting a substandard

search methodology, it also costs

three to four times the price of a

professional grade screen!

Stone Mountain • 10

Why a GBI Search is Risky

Many districts in Georgia screen volunteers using a statewide search of the Georgia Bureau of Investigation’s (GBI) database. Typically searches performed on just a statewide basis are name based. If a district performs a full FBI background check then the search is fingerprint based.

Regardless of the method used to query the state database (name or fingerprint), there are many risks involved with using a state only check.

The database contains criminal information from Georgia jurisdictions ONLY. Records include only fingerprint related arrests—any misdemeanors not requiring fingerprinting are not typically indexed by any state repository.

The Georgia State Police depends on every jurisdiction within the state to send it information—it only receives data, it does not gather it. The U.S. Justice Department reported that only 70% of arrests in the GBI database have dispositions. GBI also reports that most records post 2009 only contain year of birth, not a full DOB. Why does this matter? If conducting a name based search, it’s possible that records could be missed or wrongly attributed to an applicant because the full DOB is not available.

Another concern with name based checks is AKAs and name variation. It is estimated that up to 40% of the U.S. population has at least one AKA. If you are only searching the name provided by the applicant and that applicant committed a crime under a different name, it will not show up. This type of name based check also wouldn’t account for name variation.

CNN World Headquarters in Atlanta • 11

Why a GBI Search is Risky

What GBI says about the completeness of its records: “The GBI makes no promise or any express or implied guarantee concerning the accuracy of this information.”Thus not all criminal offenses that have occurred in Georgia are part of the database, and even if the arrest is found, the disposition may be missing.

Other Concerns with State-Only Checks› 45 counties in Georgia border other states

› Georgia is a growing state, reporting a 4.2% increase in population from 2010 to 2014

› Of the 2010 recorded population of 9,810,417, 3,313,407 individuals were born in a different state

Source: U.S. Census Bureau

Why Dispositions are Important Decisions on employment or volunteer

employment should be made based

on the entire story. In the EEOC’s 2012

guidance to employers on the use of

criminal histories, they caution against

using only arrest data.

Savannah, GA • 12

Sex Offender Searches

Screening volunteers against sex offender registries is an important part of your screen. But how accurate is the data? There are both real-time and database sex offender searches. The database of sex offenders is typically part of a “national” database and will have information relating to anyone who was ever listed on a sex offender list. However, the data may be stale depending on how frequently sources are updated. A real-time search is more up-to-date, but doesn’t include offenders who have been removed from the list. Not every offender must remain on the registry indefinitely. Different states have different laws, and judges decree various sentences.

The way in which a sex offender search is conducted is also important. Consider this: 11 state sex offender registries do not contain full dates of birth for offenders - only ages. An important question to ask is to your source or provider would be - How does my search handle this data irregularity?

There are search parameters available that allow for age, year of birth and other DOB variations to be returned to ensure you receive the most probable hits.

Georgia Aquarium, the U.S.’s largest aquarium • 13

Rescreening

The reality is that a background check is simply a snapshot of data at that moment in time. What happens after the screen may be unknown to you if you do not currently rescreen.

Teachers, coaches and volunteers are being arrested at alarming rates. A recent study found that in a three week span, 64 arrests were reported by the media that involved a school employee or volunteer. Charges included rape, assault and drug possession. These are only the arrests that made it into the news, so there is a high chance the unreported number of arrests is even greater.

Although you probably have a policy in place that requires employees and volunteers to report any new arrests, few actually would divulge this information for fear of termination or discipline. So they keep it quiet in hopes it will go uncovered.

Best practices recommend an annual rescreen, although this might be cost prohibitive. Remember legislative mandates that you screen employees via fingerprinting for initial employment. You can use a professional grade screen for rescreening. Thus, the rescreen of your entire employee population may be less than you think.

5 Things to Consider for Rescreening. 1. Create a policy for rescreening

your entire employee base and

volunteers.

2. Determine if you can rescreen

annually, bi-annually or longer.

3. Consider a monitoring program,

which looks for new arrests.

4. If cost is the number one issue,

self pay may be an alternative

option.

5. Review the methodology and

sources used in your program

for holes and gaps.

Georgia Capitol Building - Atlanta • 14

Now that we have defined the weaknesses in other search methodologies, what’s a better way to screen? A professional grade screen includes:

Address History Trace (AHT): This is a report revealing various names, DOBs and addresses associated with a specific Social Security number. An AHT should go back at least seven years.

Why it’s important: Because an AHT creates a profile of an individual’s residence history; this profile determines what jurisdictions should be searched.

County Searches: Based on the profile created from the AHT, each jurisdiction/county identified should be searched.

Why it’s important: Because county courts are considered the official court of record. Most cases are filed and maintained here, meaning the most complete and accurate information is located at the county level.

Criminal Record Database: A multi-county/state database search of over 450 million criminal records regularly collected from over 2,600 court sources.

Why it’s important: Because supplementing a county search with databases casts a wider net and helps find more records.

National Sex Offender Search: A comprehensive, real-time search of registered sex offender registries in all 50 states plus Washington D.C., Puerto Rico, Guam and Native American Tribal Registries.

Why It’s important: Because searching every available sex offender registry in real-time provides maximum protection from registered sex offenders gaining access to your students.

AKAs: can include maiden names, nicknames or aliases.

Why It’s important: Because everyone doesn’t always use the same name! And not every applicant will provide all AKAs. Having as many possible names to search increases your chances of finding records that may have otherwise been missed.

A Better Screen for Georgia Schools

About BIBBIB offers background screening with integrity. We screen, test and verify the

backgrounds of your employees and volunteers. Clients love our responsive service

and how we accelerate their speed to hire while reducing their costs. With BIB, you

get reliable results and easy technology. We’re good at what matters and have been

since 1995. BIB is a founding member of NAPBS and a member of SHRM, AASPA,

NACBA, ASA and NRPA.

About Secure VolunteerSecure Volunteer is a web based, turnkey platform for screening volunteers.

Volunteers enter their own data, removing paper forms from the process. Secure

Volunteer manages who has been screened and when, facilitates the approval

process, provides a professional grade screen and supplies approved volunteers

with ID cards. With Secure Volunteer, organizations screen better and quicker

without sacrificing quality or breaking their budgets.