Educator Conviction Database Under IC 20-28-5-8

Posted: Mon, 09/26/2011 - 3:36pm Updated: Tue, 07/23/2013 - 12:57pm

Indiana Code 20-28-5-8 (b) provides that “the superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in IC 20-28-5-8(c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in IC 20-28-5-8(c).” Subsection (c) lists 19 felonies that, should a licensed educator be convicted of any of them, would result in permanent revocation of the educator’s license(s). In addition, new statutory language at IC 20-19-3-9 requires the department to establish and maintain a searchable public data base of information concerning employees and former employees who have been reported to the department under IC 20-28-5-8.

The Office of Educator Licensing and Development (OELD) and the Office of Education Information Systems (EIS) have collaborated to develop an online reporting form that can be completed by a school employer and submitted to the Indiana Department of Education (IDOE) electronically. To access the online offense reporting form located within LVIS, you must have an LVIS account with a school role. To create your LVIS account, click HERE. Once your account is established, click HERE to request a school role.

Once inside LVIS, there is a link to the form on the right side called "Report Educator Offense." When completing the form, please enter as much information as possible prior to submission. While some reports may involve educator misconduct that is not the subject of criminal charges or where charges have been filed but a conviction has not yet been entered, only verified convictions will be posted to the public facing database.

The site for the public facing database can be accessed by clicking HERE. The database is searchable by school employer name, conviction type, educator last name, and revocation date. The OELD has populated the database with some historical conviction data to provide an opportunity for the public to see how it works, and we will continue to enter historical data over time. Current educator conviction data will be entered only after the information is confirmed. If you have questions concerning the reporting process or the database, please contact Risa A. Regnier at (317) 232-0501 or rregnier@doe.in.gov.

Expanded Criminal History (ECH) Check Requirements for New Hires after July 1, 2011

The OELD contacted the State Board of Accounts to determine whether school employers may pay for an ECH through a vendor when the statutory language states that the applicant is responsible for all costs associated with obtaining the ECH check. 

According to State Board of Accounts, a school employer using a vendor for ECH checks that charges a flat contract fee regardless of volume should look at the number of ECH and LCH (limited criminal history) checks obtained in prior years, if possible. From there, the school employer should estimate the number of ECH checks to be run in the future and determine a reasonable “per background check” cost based on the flat fee paid to the vendor. That amount should be charged by the school employer to each employee for whom an ECH check is run by the school employer’s ECH vendor.

A school employer paying a vendor a “per ECH” cost or using a vendor on an individual ECH basis should charge the employee the cost of the ECH.

For school employers using the fingerprint-based check through L-1 Identity Solutions and the Indiana State Police, the applicant pays the cost during online registration or at the time of fingerprinting. This information has been added to the Frequently Asked Questions document dis and posted on our web site.