Ohio case highlights importance of checks on backgrounds of school bus drivers

On Board Online • May 27, 2013

By Peter Mannella

The Ohio kidnapping case has raised questions about criminal background checks for school bus drivers. Alleged kidnapper Ariel Castro drove a school bus for more than a decade, during which he was accused of domestic violence. According to news reports, a criminal charge against him in 2009 was not required to be reported under the system that Ohio used at the time but has since been updated.

Are school bus drivers in New York State subject to rigorous background checks? Yes! We New Yorkers can take pride in having a system that gives school officials current and timely information about all of our school bus drivers.

Section 509-cc of the Vehicle and Traffic Law requires a fingerprint-based background check and continuous monitoring of the criminal records of school bus drivers. The list of crimes that can disqualify a school bus driver was updated in 2011 by adding some 30 crimes to the list and making certain crimes permanent disqualifiers (e.g., being a registered sex offender).

The process involves taking a set of fingerprints and submitting them electronically to the state Division of Criminal Justice Services (DCJS) and the FBI prior to their hiring as school bus drivers. The expense for the fingerprinting ($107 per driver screened) is often but not always borne by the employer. Once the fingerprints are taken and submitted to DCJS, the employer may hire the driver conditionally pending receipt of the fingerprint results. If the results indicate that the driver must be disqualified, the employer must take such action immediately and must also advise the individual of their right to an appeal.

A sample of some 30 school districts around the state indicates that these kinds of disqualifications are very infrequent. In fact, nearly all reported zero disqualifications in their operations. Some suggest that the fingerprinting process itself may be a deterrent for applicants who know they have a criminal record.

This process is slightly different than the one that schools use to screen other school employees, including teachers and maintenance workers. School bus drivers are screened by the provisions of the Vehicle and Traffic Law due to their status as holders of commercial drivers licenses under federal law.

Prior to being hired, each driver applicant must also provide their prospective employer with three letters attesting to their moral character. Moreover, once they have been hired, transportation managers have access to any changes in their driving history and personal criminal records. This is kept current on a so-called “24/7/52” basis through the Article 19-A program authorized under the Vehicle and Traffic Law.

Also, the Federal Motor Carrier Safety Administration requires that school bus drivers be subjected to random drug and alcohol tests as well as daily supervisory observation for suspicion of drug or alcohol usage.

While a complete list of the crimes and the disqualification periods is available in section 509-cc of the state Vehicle and Traffic Law, here are examples of the kinds of crimes that can result in individuals being disqualified from driving a school bus:

• Some of the crimes for which an individual can be disqualified permanently include: disseminating pornography to minors, murder, aggravated manslaughter, criminal sexual acts, sexual abuse, use of a child in a sexual performance and related child sex crimes and others.
• Some of the crimes for which an individual can be disqualified for five years include: vehicular assault, leaving the scene of a fatality or injury accident, forcible touching, vehicular manslaughter, first degree obscenity and others.

As a society we have to be vigilant about the character of the people whom we trust with our youth. Sometimes we are shocked by what the police tell us or we read in the newspaper. This month, drivers for private companies contracted by New York City schools were among eight Yonkers men charged May 9 with stealing $2.8 million in more than 3,000 illegal ATM withdrawals.

Involvement in traffic accidents often won’t turn up in an FBI database, but employers may need to know about those, too. State law requires school bus drivers to notify their employers of accidents where damage or injuries were caused, and failure to do so results in suspension of their commercial driver licenses.

No system is perfect. There is always a risk that human error or the complicated operations of the criminal justice system could result in a school district not getting a notification. But school boards and parents should feel confident that New York has criminal background checks and a monitoring system designed to protect our children.

For more information on how the system is being used in your school district, talk with your school transportation director. Transportation is a vital part of school district operations and deserves both the attention and strong support of school board members.

Peter Mannella is executive director of the New York Association for Pupil Transportation and the Cyr Foundation for Excellence in School Transportation.