School board background checks in full swing

BY MONSY ALVARADO

 Board of education members statewide will be fingerprinted in the coming weeks to comply with a new state law that requires they undergo a criminal history check.

The state Department of Education has sent procedures to school districts, and is urging trustees to get the digital fingerprints done as soon as possible, said Faith Sarafin, spokeswoman for the department.

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To prevent job applicants with criminal records from automatic hiring rejection, cities and states are considering and already adopting so-called “Ban the Box” laws and ordinances. Among the states that have adopted such a law are Connecticut, Hawaii, Massachusetts, Minnesota, and New Mexico, and the cities of Atlanta, Baltimore, Chicago and Philadelphia. Among the states mulling such legislation are Rhode Island and Nebraska, and the city of Pittsburgh.

This Alert lauds the policy considerations behind “Ban the Box” type of legislation, but points out how it can unintentionally create impossible-hiring decisions and pose huge legal risks for employers.

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