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Published on 04/20/1998 All articles from this issue

New county fingerprinting system to speed up hiring process in LASD

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By Linda Taaffe / Town Crier Staff Writer

In response to the Michelle Montoya School Safety Act of 1997, which prohibits schools from hiring employees before a background check has been completed, members of the Santa Clara Board of Supervisors voted unanimously to hire two law enforcement clerks to expedite checks on prospective school employees.

The clerks will operate a new automated fingerprinting system in the County Sheriff's Office that electronically transmits fingerprints directly to the Department of Justice. The "live scan device" is expected to speed up the application process from about eight weeks to 72 hours.

"Our goal is to enhance the safety of children," said Joe Simitian, the 5th district Santa Clara County supervisor who represents the Los Altos area. "This new fingerprinting system is a better, faster way to conduct background checks, protect our kids and expedite the hiring of much-needed school employees."

The safety act was passed after the alleged rape and murder of a Sacramento high school student by a newly-hired school employee last year. The incident fueled a debate about whether current California laws offered adequate safeguards to prevent schools from hiring employees with criminal backgrounds.

The safety act requires county sheriff's offices to process fingerprints of prospective school employees who work with children within 72 hours prior to their reporting to work.

Prior to passage of the safety act, schools could hire employees and allow them to work before receiving the results of a fingerprint check.

Marge Gratiot, superintendent of the Los Altos School District, said, during an interview earlier this year, the district receives between 500 and 600 applications a year from prospective employees. She said new employees have worked on campuses before a check has been completed, but during those incidents, they were never left alone with any children.

Gratiot said during the past 25 years, one employee has been charged with a felony. She said the teacher had no previous criminal charges on his record according to a background check.

Gratiot said she is optimistic that the new fingerprinting system will help speed up the process.

"It will help us solve what's been a major problem to the school district. It will help us hire people in a timely manner," Gratiot said. "Right now it takes four to six weeks, and we can't hire anyone until (the county) checks back. We're doing without in some cases. We have the money and the employees, but we're not able put employees in a job until they clear."

The State Sheriff's Association provided the fingerprinting equipment. The $12 user fee will fund the ongoing costs of the new program.

Assemblyman Ted Lempert, who represents the 21st district in Palo Alto, co-wrote the safety act.