Copyright© 1999 by School Services of California, Inc.

July 9, 1999

Community College Background Checks

Legislation that would require community colleges to perform fingerprint background checks on substitute, temporary and contract employees in nonacademic positions is receiving unanimous approval by the legislature, and will likely be on the Governor's desk for his consideration in August.

SB 383, by Senator Deborah Ortiz (D-Sacramento), would require community colleges to comply with the following:

• Require employees of community college contractors, who may have contact with students, to submit fingerprints for use in a criminal background check and be cleared prior to having any contact with students until the criminal check is completed.
  
• Exempt employees of contractors who are providing services in an emergency situation and employees who are determined (based on specified criteria) to have limited contact with students.
  
• Ensure student safety by requiring contractors providing construction, reconstruction, rehabilitation or repair of a school facility to do one of the following:

1. Install a physical barrier at the worksite to limit contact with students.
   
2. Provide continuous supervision and monitoring of all contract employees by other contract employees who have completed a Department of Justice background check.
   
3. Ensure surveillance of contract employees by school personnel.
   

Is This Bill Really Needed?

According to the author's office, SB 358 closes a loophole in current law by requiring temporary and short-term employees to undergo criminal background checks prior to hiring. Under existing law, these provisions only apply to permanent community college employees, and this measure would bring the law governing community colleges into conformity with the law governing K-12. Conforming to K-12 raises several issues - the average age of community college students is approximately 27, as a result, it is unclear if community college students are in need of the same protections as students in K-12 schools. In addition, the fingerprint checks in K-12 schools exempts students who are employed in their own school from having to submit fingerprints. Presumably, no such exemption is available in SB 358 for community college students employed in part-time jobs on campus, and it is unclear if students who have criminal records will be allowed to be employed on campus.

Existing law does not prohibit a student with a criminal background from attending classes on a community college campus; you just can't work there if SB 358 should become law. There is obviously a great deal of sensitivity to safety on college campuses as a result of the recent shooting at K-12 schools. However, it remains unclear whether the requirements of this measure would actually prevent a crime from occurring.

-- Arnold Bray