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June 24, 2008

Suit On Teacher Background Check Information

I'm a member of one of the other teacher organizations here in Texas (we don't have unions per se, and are a right-to-work state), but I am thankful that the ATPE has filed this suit to keep the results of teacher background checks from becoming subject to release under the state's public records laws. Indeed, I'm surprised that the other groups didn't file it along with them.

The Association of Texas Professional Educators filed suit Monday against the Texas attorney general's office and Austin school district to prevent the disclosure of information about the criminal histories of school employees.

Earlier this year, Austin teachers and certain other employees were required by a new state law to submit to fingerprints for national background checks. The suit, filed in Travis County district court, is the latest legal twist in the case of media outlets gathering information under the Texas Public Information Act on what the checks found.

The district said the attorney general's office has ruled that some information that could be used to identify specific employees is public. But the educators group, which represents 112,000 members statewide, says releasing such information could violate privacy rights. The group is fighting to keep identifying information, such as dates of birth, confidential, although the district says as of yet, no media outlets have requested that sort of information.

This isn't a question of "having something to hide", folks. It is a question of having our personal privacy respected to the same degree as our fellow citizens. And the format in which the data was going to be released has the potential to reveal personal information, especially in smaller schools and districts.

And that brings up the larger question. Does the public really have a right to know that a local third grade teacher has a misdemeanor conviction for writing a bad check when she was 19? How about that the local football coach was cited for public intoxication when he was a junior in college? Or what's worse -- what about the teacher who was arrested on suspicion of something or other, but never charged or convicted because they were not guilty? These are lives and reputations we are talking about here -- and matters unrelated to the safety of children.

I hope this is enough to make you understand why so many of my colleagues leave the field with a sense that they are disrespected -- and why so many young people won't consider teaching at all. Low pay, low respect, low support from parents -- and now you want to strip us of our privacy, too? You're going to need to do a lot better in the salary and working condition departments if you are going to do that to us, my friends.

Oh, and for the record -- I've never been arrested or convicted of anything, so I really don't have anything to hide. I don't mind proving that to my district. I do, however, object to having less privacy than other members of the public at large.





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