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  Delaware Careful to Screen Teachers
Despite Precautions, Some Abusers Get into Schools

By Cris Barrish
The News Journal
October 21, 2007

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20071021/NEWS/710210420/1008/NEWS03&theme=

While public and private schools in Delaware follow laws and policies designed to prevent predators from getting jobs and to fire them for sexual misconduct, such safeguards haven't been foolproof.

Since 2001, 11 public school teachers in Delaware have had their license revoked, and one man employed as an instructional aide and coach lost his permit, for sexual crimes and other sexual indiscretions, state officials said last week.

Currently one teacher revocation case is pending, and the state is seeking to revoke the permit of one aide.

The Catholic Diocese of Wilmington, which sets rules for 1,200 elementary and high school teachers, said no cases of teacher abuse have occurred in recent years. Cases of sex abuse by priests in and out of schools that have become public in recent years all took place at least 20 years ago, diocese spokesman Bob Krebs said.

Kathy Craven, president of the Delaware Association of Independent Schools, a trade organization for some Catholic high schools and more than one dozen other private schools such as Friends, Tatnall and Tower Hill, said no cases of abuse had been reported in recent years.

Wayne Barton, the state Department of Education's director of professional accountability, which sets rules for hiring and regulation of some 8,000 public school teachers, stressed that while such cases are extremely rare, it's impossible to know if someone without a track record of sexual misconduct might abuse students.

"We wouldn't know they had tendencies," Barton said. "We don't do a psychological battery on them."

To become a public school teacher in Delaware, you must be licensed -- a process that requires having a clean record concerning sexual conduct.

National registry

When someone applies for a license, his or her name is checked against a national registry of suspended or revoked teachers, Barton said. If an applicant's license was suspended or revoked elsewhere for sexual or other misconduct, "We do not issue them a license," Barton said.

Once he has a license, an applicant to a school district must submit a fingerprint sample and undergo a criminal background check conducted by the State Bureau of Identification, Barton and officials for Catholic and independent schools said.

Those tests, which can take weeks or months to complete, review an applicant's criminal records in Delaware and other states, officials said.

Ellen Marie Cooper, director of legal services for the Brandywine School District, said the discovery of a sexual conviction would force the district to remove the teacher if he had already begun working, and she wondered if lawmakers would find a way to let districts do their own background checks.

"It would help us get more immediate information," Cooper said.

Takes three to six weeks

State police, who run the State Bureau of Identification, said Delaware law permits only law enforcement officials to conduct background checks.

Checks currently are taking three to six weeks, said Cpl. Jeffrey Whitmarsh, including the time it takes for the FBI to run a person's fingerprints through its federal databases.

State law also allows districts to view the three previous evaluations of an applicant if he worked in a Delaware district. Such evaluations, while informative, would not show if a teacher faced previous allegations that were not substantiated because they pertain to performance observed by a superior -- not personnel matters, Barton said.

The Catholic Diocese requires three recommendation letters from applicants, including one from their previous employers, schools superintendent Cathy Weaver said.

Every five years, a new criminal check is conducted, she said.

When a school receives a complaint, officials are required to investigate and report to police any allegation that rises to the level of sexual harassment or worse.

Must notify state

Should the school determine that the teacher engaged in "immoral" conduct, by law the district must notify the state Department of Education, which can then seek to revoke the teacher's license. A bill introduced in June in the state House, however, would give the state broader powers to revoke licenses before a district takes action.

If allegations are not substantiated or determined to be unfounded, no report is required to the state.

No statistics were available from the state about allegations that were not substantiated.

Unlike several other states, in the case of an allegation that has not been substantiated, a Delaware school has the discretion to reveal such a case or keep it secret when another school seeks a reference.

Barton said word-of-mouth ensures that such allegations are shared if a claim has some merit, even one that cannot be substantiated.

"Delaware's a small state and the informal network works pretty well," he said.

Could ruin reputation

Barbara Grogg, president of the Delaware State Education Association teachers' union, said such allegations should not be shared with prospective employers or the state because they could besmirch the reputation of an upstanding teacher who was unfairly accused by a student, parent or someone else seeking to harm him without cause.

"Any time there's an incident, it's a devastating event and certainly everything should be done to make sure the case is handled properly," Grogg said.

"We support safe school environments and have a no-tolerance policy around these issues. But I'm concerned for teachers unfairly accused of things."

Contact senior reporter Cris Barrish at 324-2785 or cbarrish@delawareonline.com.

 
 

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