Campus Budget Plan Proposal

Running head: LEGAL POLICIES 0

Legal Policies

April 25, 2017

Legal Policies

There are legal policies that govern the hiring process that employers must adhere to. These policies are in place to protect the employer as well as the employee. School districts are required to follow state and federal laws that require employers to follow nondiscriminatory hiring practices. Employers are banned from discriminating against applicants and employees based on race, sex, religion, age, national origin, or disability (U.S. Equal Employment, 2017). State and local laws may have additional protected classes based on factors such as the sexual orientation of an applicant. All employers must follow anti-discrimination laws at each stage of the hiring process, this includes placing/posting a job ad, to interviewing, to the final selection of the candidate that will be hired (FindLaw.com, 2017).

Enumerated Offenses

Committing a crime does not prohibit a person from becoming a teacher. What can hinder an applicant is the type of crime that was committed. Enumerate offenses are serious in nature and can carry hefty prison sentences if convicted. Applicants who have ever been convicted of such crimes as sex offenses, narcotics, first degree murder/attempted first degree murder, possession of weapon on school property cannot be hired by a school district (Top Education Degrees, 2016). School hiring officials are warned against knowingly hiring persons convicted of offenses that would lead to certification suspension or revocation. The State Superintendent of Education is required to suspend the certificate for such applicants (Whitted, Takiff, & Hansen, 2013). A tool used to uncover any documented crime is the fingerprint-based criminal history record check. It reveals whether the applicant has been convicted of a crime.

Background Checks

Public schools and some private schools conduct criminal background checks of non-certified and certified applicants for employment. This may range from name-based criminal background checks to fingerprint-based criminal history record checks. The School Code statuses on background checks cautions school hiring officials from completing the hiring process without first initiating a criminal history record check. Schools have the duty to exercise reasonable care and comply with the background check requirements when hiring new school staff. Background checks assist schools in hiring school staff fit for dealing with minors (Whitted, Takiff, & Hansen, 2013). Schools that do not comply with the background check requirements when recruiting new staff are opening themselves to potential liability if a crime was to be committed at the school.

Identify Legal Rights

Classified and certified personnel working in private or public schools are governed by the National Labor Relations Act (NLRA). In 1935, the United States (U.S.) Congress enacted the NLRA to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy (National Labor, n.d.). Under the Act employees are legally entitled to union representation during an employer interview that might result in discipline. Section 3(a) of the Illinois Educational Labor Relations Act (IELRA) and section 7 of the NLRA presents the right to representation of educational employees. Educational employees have the right to form, organize, engage in lawful activities or assist in employee organizations for mutual assistance and protection. An educational employee who feels that an interview may lead to discipline should request for a union representative at the start of the interview or during the interview (Illinois Education, 2013). Although specific to Illinois, the IEA-NEA guide to legal rights and responsibilities of education employees discusses in detail legal rights and responsibilities of education employees. Every educational employee should check to see if their state has a similar document. If so, it is crucial that employees are familiar with the document. This would be good to give an employee as a part of the onboarding process.

Compare/Contrast Legal Rights

The constitutional rights category offers educational employees protection on rights such as free speech, due process, freedom of religion and freedom from search and certain privacy rights. Educational employees are free to exercise all constitutionally protected rights. Similarly, the state and federal statuses offers educational employees protections regarding labor laws, school codes, unemployment and workers compensation, health insurance, tenure acts, and various anti-discrimination statutes. Under the IELRA covered educational employees are free to organize, join, form and assist unions in bargaining and mutual aid and protection of employees (Illinois Education, 2013). Many of the state and federal laws regarding the legal rights of educational employees are very similar. States are allowed to create, implement, and enforce their own laws in additional to federal laws. For instance, states laws may differ in overtime guidelines and can put limits on the length of time a criminal record can be factored into the hiring process.

Conclusion

School hiring officials have a responsibility to the students and staff to make sure they are fully vetting each candidate appropriately. There should never be short cuts or an agreement to look the other way when an applicant has a criminal past. Background checks should always be performed when hiring school staff. This helps to ensure that the applicants have met the minimum requirements for good character and are fit to teach and be in contact with minors. Schools that have a good understanding about recruitment and hiring practices, put an emphasis on student safety. They thoroughly check applicants to identify those suitable for the role enhancing student achievement. They have documented policies and practices and will seek external professional expertise when needed. Educational employees should be aware of their rights and not intimidated or afraid to speak out if those rights are violated. They too, have a right to be in an environment where they feel safe.

References

FindLaw.com. (2017). Legal Rights During the Hiring Process. Retrieved from http://employment.findlaw.com/hiring-process/legal-rights-during-the-hiring-process.html.

Illinois Education Association. (2013). Your legal rights. Retrieved from http://www.ieanea.org/benefits/legal-help/your-legal-rights/.

National Labor Relations Board. (n.d.). National Labor Relations Act. Retrieved from https://www.nlrb.gov/resources/national-labor-relations-act.

Top Education Degrees. (2017). Can I Become A Teacher If I Have A Criminal Record? Retrieved from http://www.topeducationdegrees.org/faq/can-i-become-a-teacher-if-i-have-a-criminal-record/.

U.S. Equal Employment Opportunity Commission. (2017). About EEOC. Retrieved from https://www.eeoc.gov/eeoc/index.cfm.

Whitted, Takiff, & Hansen, LLC. (2013). School background checks. Retrieved from http://www.wthlawfirm.com/resources/publications/school-background-checks/.