Given the recent scandal at Miramonte Elementary School and the arrest earlier this year of Costa’s instructional aid Chris Gray on charges of sexual misconduct, it is apparent California needs a better system for preventing misconduct in schools.
Under the current system, all candidates for jobs at schools must submit fingerprint identification data and have a criminal record background check done by the Department of Justice. However, after an employee is hired, there is an over-reliance on the criminal justice system for evaluating teacher misconduct.
In the current system, employee arrests prompt near immediate notification of school districts, but unless a crime is directly related to the employee’s employment, the school districts are limited in their capacity to take action. Likewise, the California Commission on Teacher Credentialing does not have jurisdiction to review teacher criminal misconduct unless a conviction has been made. Only then can the CTC revoke or suspend the credentials of teachers. Thus, the protracted manner of the criminal justice system could inhibit the CTC and school districts from taking preventative measures and protecting student safety.
Due to these provisions of the California Education Code, the L.A. Unified School District was unable to independently investigate and take action against teacher Mark Berndt, who was arrested but had not been convicted for lewd acts against students at Miramonte, and the district was forced to pay him $40,000 to drop his legal challenge to his firing. In addition, Costa was unable to take action against Gray after he had been arrested twice for spousal battery prior to his arrest for sexual misconduct.
By allowing school districts to take action independent of the criminal justice system, districts such as LAUSD would never be conflicted by the financial repercussions of firing a teacher and ensuring student safety. In addition, the ability to independently conduct investigations would allow school districts to analyze evidence and determine whether an employee, like Gray, is a danger to students.
Along with these changes for student safety, the rights of employees and due process must be preserved. Sufficient evidence must be procured for districts or the CTC to take action if there is no conviction, and paid administrative leave should be the course of action.
Also, California should follow the example of states like South Carolina, Texas and Vermont that can run background checks on their employees at anytime without their permission.
There is quite obviously a fine line between protecting student safety and mistreatment of employees, but changes can be made to the California Education Code that would grant school districts the autonomy to more efficiently and effectively protect students.
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