School districts at risk of missing out-of-state applicants' ethics problems

• Sunday, March 27, 2016 Enterprise Editor Virginia Hutchins [ 208-735-3242 • vhutchins@magicvalley.com ] • B1

THE BIG STORY

STEPHEN REISS, TIMES-NEWS‌

Who’s teaching your students? It’s easier to check on job applicants’ teaching histories when they come from within Idaho. But it’s harder — sometimes impossible — to get past job records for out-of-state applicants. Here, students walk the hallways between classes at Robert Stuart Middle School on March 9.

School Districts at Risk of Missing Out-of-state Applicants’ Ethics Problems JULIE WOOTTON

26 Educator Ethics Complaints in South-central Idaho

jwootton@magicvalley.com ‌

FALLS • After teacher James Verity engaged in an inappropriate relationship with a female student and lost his Oregon teaching license, he found a job in Idaho.‌ Verity — a science teacher in Caldwell’s Vallivue School District — and others around the country with revoked licenses are able to get teaching jobs in different states, a recent USA Today investigation revealed. ‌TWIN

In Idaho, the discovery pushed the topic of teacher ethics into the spotlight.

And it highlighted gaps in the information available to school districts who are vetting job applicants from other states.

The Magic Valley’s largest school districts often go beyond the state’s minimum guidelines.

“One of the things we hear consistently is, ‘Man, you have a tough system,’” Twin Falls School District SuperintenDobbs dent Wiley Dobbs said.

But it’s easier to check on applicants’ teaching histories when they come from within Idaho. It gets murkier when they’re outside the Gem State because it’s harder — sometimes impossible — to get their past job records.

Verity in Oregon allegedly exchanged more than 2,600 text messages with a female student and engaged in inappropriate physical contact before losing his license in 2006. He tried to get his license reinstated, but his application was denied, according to the USA Today report.

See more of the Times-News’ best work at Magicvalley. com/bigstory.

When he applied for a certificate in Idaho, the Idaho Professional Standards Commission — a group that investigates ethics complaints — denied his request. But after an appeals process, Verity received a certificate in 2009.

The Caldwell district didn’t know Verity lost his license in Oregon, USA Today reported.

Amid questions from reporters to him and school officials, Verity resigned Feb. 22. The Idaho Department of Education declined to comment on the case.

“Anything around this topic, we’re going to focus on the high-level process,” spokesman Jeff Church said.

Ethics Complaints‌ Parents, school administrators and fellow educators all have an avenue for getting unethical teachers out of the classroom or disciplining teachers who Please see ETHICS, B2

Inside: • Dietrich Teacher Tries to Move Forward after Sex Ed Complaint, B2 • Experts: What Schools Should Do, B4

‌T

he Idaho Professional Standards Commission took these disciplinary actions against south-central Idaho educators since 2005, according to state documents obtained through a public records request. The Times-News excluded cases that were dismissed.

Educator Ethics Complaints 35

Final orders issued by the Idaho Professional Standards Commission, statewide:

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2005‌

RODNEY MALONE School district: Valley (Hazelton) Ethics complaint: Malone allegedly sent a letter to “school patrons that disclosed confidential information regarding students” and failed to report to the Idaho Department of Health and Welfare or a law enforcement agency “child abuse that Mr. Malone had reason to believe had occurred,” according to state records.

Malone voluntarily waived his right to a hearing.

Disciplinary action: Letter of reprimand.

2006‌

EDWARD GREGORY School district: Twin Falls Ethics complaint: Gregory allegedly used “school computers to deliberately view or print pornography,” according to state records.

Gregory voluntarily waived his right to a hearing.

Disciplinary action: Suspended teaching certificate for one year, starting April 13, 2006.

Gregory was allowed to reapply after that, but with conditions: that he seek counseling, submit a written statement from a supervising counselor and complete the course of therapy recommended by a counselor.

2008‌

KENT STEWART School district: Castleford Ethics complaint: No details are included in the ethics commission’s final order. Stewart voluntarily waived his right to a hearing.

Disciplinary action: One-year suspension of teaching certificate beginning Aug. 12, 2008, requirement to enroll in counseling and to submit written verification from the counselor before his suspension expired to show “his counseling addressed the issue of pornography,” according to state records.

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2005

2006 2007

2008 2009

2010

2010‌

TIMES-NEWS FILE PHOTO‌

Anna Bettencourt reacts as a judge sentences her in 2009 at the Gooding County Courthouse.

ANNA M. BETTENCOURT School district: Bliss Ethics complaint: While a certified teacher, Bettencourt was convicted of one felony count of sexual battery of a minor child 16 or 17 years of age in Gooding County, state records show. A judge in 2010 suspended jail time and placed Bettencourt on 10 years of probation, according to Times-News archives.

During her sentencing in September 2009, Bettencourt cried as she read a statement: “I was the adult and should have exercised better judgment, which I did not.”

2011

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She told authorities the student involved told others about their liaisons and it affected her work. “I couldn’t teach,” she told the court.

“I was in a living hell.”

Bettencourt told Judge John Butler during the hearing that she regretted the pain she caused to not only her family, but also “the young man and his family.” She said, “I can’t erase what I’ve done … but will do whatever it takes to atone for my actions.”

Disciplinary action: Permanently revoked teaching certificate.

LINDA BULCHER School district: Twin Falls Ethics complaint: The alleged unethical practice arose during administration of Idaho Standards Achievement Tests, state records show, but further details aren’t included. Bulcher surrendered her teaching certificate.

Disciplinary action: Revoked teaching certificate.

When a teaching certificate is revoked, the educator typically is allowed to apply for reinstatement.

That’s different than a permanent Please see COMPLAINTS, B3

B2 • Sunday, March 27, 2016

Ethics Continued from B1

make mistakes.

The Idaho ethics commission has taken action on 215 complaints since 2005, according to public records obtained by the Times-News.

Of those, nearly 30 were in south-central Idaho.

In the vast majority of cases the state took disciplinary action against a teacher — such as issuing a letter of reprimand or suspending or revoking a teaching license — but a handful of complaints were dismissed.

The commission permanently revokes a teaching certificate if an educator has pleaded guilty or been found guilty of a felony offense against a child.

Notable Magic Valley cases include former Burley High School vice principal Tara Bagley, convicted in July 2013 on two felony counts of sexual abuse committed by lewd or lascivious acts on a 16- to 17-year-old.

Bagley was sentenced to two consecutive four- to 13-year prison terms after a plea agreement dismissed five charges of sexual battery of a minor.

The state ethics commission decided in August 2013 to permanently revoke her teaching certificate, state records show. But Bagley voluntarily gave up her certificate earlier that year.

Despite a handful of highprofile cases, a national expert said schools nationwide are safer than settings such as homes or neighborhoods.

“Schools are not particularly dangerous environments,” said David Finkelhor, director of the Crimes Against Children Research Center. “There’s definitely progress that needs to occur, but we shouldn’t get too alarmed.”

Rigorous Screening‌ When hiring, Idaho school districts must verify the status of a prospective educator’s certificate. And when an employee moves between Idaho school districts, the person is required to submit to a new background check.

Idaho districts are also required to request past performance records for potential hires — both from within and out of state.

The Gem State — like many other states — is experiencing a teacher shortage. If an employee checks out, the district is going to do everything it can to “get them to sign on the dotted line,” said Mike Poe, director of the educational leadership program at Northwest Nazarene University.

But three of south-central Idaho’s largest school districts — Twin Falls, Jerome and Blaine County — have policies on background checks and hiring that go beyond Idaho’s requirements. For example, the Blaine district typically disqualifies an applicant who has been convicted of any felony or a childrelated crime.

“Once in a while, we’ll look a little deeper than that,

Dietrich Teacher Tries to Move Forward after Sex Ed Complaint JULIE WOOTTON jwootton@magicvalley.com‌

‌D IETRICH • Tim McDaniel’s world turned upside down in 2013.‌ The Dietrich science teacher found out four parents filed an ethics complaint against him as a result of a sex education lesson he taught.

The Idaho Professional Standards Commission dropped the complaint and didn’t take action.

But news of the complaint in Dietrich — a Lincoln County town with 330 residents — made national headlines. McDaniel’s backers created a Facebook page, “Save The Science Teacher,” which received about 700 likes.

Nearly three years later, McDaniel is still teaching biology in Dietrich. But after the ethics complaint, things will never be the same.

“It made me fall apart,” he said in early March. “Honestly, it’s something I’ve never forgot.”

McDaniel stopped going to church and school basketball games. He said he’s uncomfortable around other people — something that was never a problem before.

He started going to volleyball games this year because his daughter is playing. But he talks only with his wife — not others in the crowd.

In the classroom, McDaniel said, he’s cautious about what he chooses to teach and wonders whether he’ll get in trouble.

He still loves teaching and helping children. But “the few that made the accusations hurt you for a long time,” he said.

The 60-year-old plans to retire in five years. “Personally, I can’t wait to leave the town.”

Sometimes, the state’s ethics commission dismisses a complaint if there isn’t enough evidence to discipline a teacher. But it’s rare.

Only a few cases — or none at all — are dismissed each year, state records show.

McDaniel found out parents who filed the ethics complaint were upset he used the word “vagina” when explaining the biology behind an orgasm.

They also complained he shared private student information, taught sex education and birth but we definitely do not hire without that explanation or proof of paperwork,” Assistant Superintendent John Blackman said.

Blackman has seen gradual changes in the hiring process.

“It has definitely tightened up quite a bit over the years and it has gotten better.”

Now, the Blaine district uses an electronic fingerprinting system for background checks and has equipment in its office.

With ink-and-paper fingerprinting, it used to take at least a month to get results back, Blackman said. Often, the fingerprints weren’t clear enough and had to be redone.

“That lag time is a dangerous period of time,” he said.

He has encountered a couple of job candidates who lied on their applications, and their background checks came back with red flags.

In the Jerome School District, administrators who

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452 Cheney Drive West Ste. 170 Twin Falls, Idaho Phone: 208-735-2252

TIMES-NEWS FILE PHOTO‌

Tim McDaniel, a teacher at Dietrich School, photographed in March 2013 in front of the school. control, and promoted “political candidates” on school property by showing “An Inconvenient Truth,” Al Gore’s documentary on climate change.

McDaniel taught material from a school-approved biology textbook for 17 years, and this was his first complaint.

Teachers get attacked — not necessarily for what they teach, but “because someone doesn’t like them,” he said. “You’ve got to be careful.”

McDaniel doesn’t teach reproductive lessons anymore and wants to stay clear of what got him

aren’t involved in the hiring process look at names of applicants to see if they recognize anyone and can provide insights.

“The Magic Valley is small enough that we kind of know people,” Superintendent Dale Layne said.

The district also runs prospective Layne employees’ names through the Idaho court repository.

The Twin Falls School District asks questions on job applications such as: “Have you ever had a teaching certificate or teaching license revoked or suspended?” and, “Have you ever failed to be rehired, been asked to resign a position, resigned to avoid termination, or been terminated from employment?”

Names of applicants are

in trouble. Now, he said, students aren’t getting that instruction.

“The kids are not getting what they need, as far as I’m concerned,” he said, but added there’s a dualcredit medical terminology class offered through the College of Southern Idaho and an animal science class.

The ethics complaint made him more careful of his actions. “It makes you feel like you just have to watch constantly what you’re saying and doing,” McDaniel said.

If an unfair or unfounded allegation is brought against an employee, Idaho Education

checked against the national sex offender registry and Idaho court repository, human resources director Shannon Swafford said.

If there aren’t any red flags, a job interview proceeds and a candidate undergoes at least two reference checks.

“We feel that’s one of the really important pieces of the puzzle,” Swafford said.

Often, school officials call people — such as past supervisors — the applicant didn’t list as references.

G e n e ra l l y, Swafford said, applicants list people w h o w i l l Swafford give glowing reviews.

Questions during reference checks include, “Is there any reason this person shouldn’t work around

Association president Penni Cyr said, she hopes the teacher, school district and community will work hard to put that behind them.

But it’s a challenge. “It’s very difficult and very damning on an individual,” said Mike Poe, director of the educational leadership program at Northwest Nazarene University.

School districts and the state typically can’t say much about a case because it’s a personnel matter.

“Oftentimes, a teacher leaves anyway even after they’ve been exonerated because their reputation has been killed,” Poe said.

One protection for teachers: In order to file an ethics complaint, an individual needs to have some stake in the issue.

McDaniel had let his membership to the Idaho Education Association lapse the year the ethics complaint was filed. Now, he’s an active member again.

The association, he said, will stand up for what’s right if you’ve “dotted your i’s and crossed your t’s.” He recommends that every teacher join.

The Association of American Educators encounters unfounded complaints against teachers every day, said Alexandra Freeze, senior director of communications and advocacy.

Even if accusations are false, she said, they could cost teachers thousands of dollars in attorney fees if they Freeze don’t have liability insurance, which the Association of American Educators offers. Plus, “they can ruin your reputation.”

When teachers walk into a classroom, they’re looking after other people’s children, which “opens them up to significant liabilities,” Freeze said.

Well-meaning teachers can find themselves in unfortunate situations and need an advocate to guide them, she said. But “we are not interested in protecting teachers who shouldn’t be in the classroom.”

children?” and, “Are there any performance issues?”

During the peak of hiring season — typically spring and summer — it can be challenging to get reference checks done, human DeLeon resources manager Sonia DeLeon said, but the Twin Falls district ensures school administrators go through the process.

If a school principal or supervisor recommends a hire, district officials review the job application for red flags — such as leaving a job mid-year or changing jobs frequently.

Sometimes, school officials check Facebook and run Google searches, too. “We’re an example of an employer who checks those things,” Dobbs said.

Once someone receives a provisional job offer, he or she must pass a drug test, be fingerprinted and pass a background check, fill out a records release form, provide official transcripts, and verify he or she is eligible to work in Idaho or provide an Idaho teaching certificate.

Applicants are fingerprinted using electronic equipment at the school district office for a state and FBI background check.

It takes only about a week to receive results back, DeLeon said. It used to take five weeks or longer with printed fingerprints.

A couple of smaller school districts — such as Hansen — send applicants to the Twin Falls district office for fingerprinting, DeLeon said.

The Twin Falls hiring process is similar for substitute teachers and Please see ETHICS, B4

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Complaints Continued from B1

revocation, which means the educator can’t ever get his or her license back.

CHAD T. BURNETT School district: Cassia County Ethics complaint: While a certified teacher, Burnett was convicted of two felony counts of sexual battery of a minor child 16 or 17 years of age, state records show. He also pleaded guilty to a misdemeanor violation of a no-contact order. He was sentenced in 2010 to at least three years in state prison, the Times-News reported.

Disciplinary action: Permanently revoked teaching certificate.

LARRY W. LARSON School district: Filer Ethics complaint: Larson was arrested on suspicion of driving under the influence May 9, 2009, and pleaded guilty June 9, 2009. Larson was also arrested for driving without privileges July 1, 2009, “after a citizen called police to report inappropriate behavior at a local swimming pool. It was reported that Respondent was watching children in the park” and had been drinking, according to state records. A final order from the ethics commission also outlines other complaints the Filer School District made to the state about Larson’s conduct at school.

Larson voluntarily surrendered his teaching certificate and “agrees that he will not engage in teaching in the state of Idaho,” according to state records. In lieu of proceeding with formal disciplinary action, he agreed the ethics commission could enter a final order.

Disciplinary action: Revoked teaching certificate.

2011‌

BRENT FAY School district: Gooding Ethics complaint: Allegations include that Fay told students to “shut up,” grabbed students by their hair to pull them toward him and whisper instructions in their ears, pushed a student against a wall, used inappropriate language in front of students and/ or another teacher, failed to attend a professional development course but stated he did, punched another teacher in the arm during a fire drill at Gooding Elementary School and made one or more negative comments during a motivational speaker presentation at Gooding Elementary, according to state records. Students expressed fear of Fay and asked to be removed from his class.

Fay failed to request an ethics commission hearing “or otherwise defend against the action,” according to state records.

“Therefore, the allegations contained in the Administrative Complaint on file in this matter are admitted as true without the necessity of conducting a hearing.”

Disciplinary action: Suspended teaching certificate indefinitely.

CYNTHIA MAY FULCHER School district: Xavier Charter School (Twin Falls) Ethics complaint: Xavier submitted a complaint alleging Fulcher “intentionally withheld information concerning an applicant for a teaching position” when making a recommendation to the School Board, according to state records.

In lieu of proceeding with formal disciplinary action, she agreed the ethics commission could enter a final order.

Disciplinary action: Revoked teaching certificate, but allowed her to reapply after six months with conditions: submitting a reflective paper after a thorough review of the state’s code of ethics for professional educators, and submitting a new application for reinstatement and meeting background check requirements. She was also required to complete an accredited ethics course.

TOBY L. GLEAVE School district: Twin Falls Ethics complaint: Gleave entered pleas of guilty to driving under the influence of alcohol — a misdemeanor — in Twin Falls County in June 2004 and January 2008. In September 2010, Gleave was at Twin Falls High School during business hours and “was believed by more than one co-worker to be under the influence of alcohol,” which was confirmed by an alcohol test,

LAURIE WELCH, TIMES-NEWS FILE PHOTO‌

Former Burley High School teacher Chad Burnett leaves a Cassia County courtroom in 2010 after being sentenced on child sex charges stemming from a sexual relationship he had with a student. according to state records.

In lieu of proceeding with formal disciplinary action, he agreed the ethics commission could enter a final order.

Disciplinary action: Suspended teaching certificate indefinitely, with conditions prior to reinstatement: proof of submissions to a drug and alcohol evaluator, proof of successful completion of a certified drug and alcohol treatment program, and proof of successfully completing an accredited ethics course. If his certificate were to be reinstated, Gleave would be on probation for five years, including Idaho Department of Education background investigation checks every year.

CATHERINE ANN LOWDEN School district: Blaine County Ethics complaint: Lowden, an art teacher, allegedly became “agitated after students had not adequately cleaned the clay working area,” according to state records. “Respondent twice threw masonite ‘batts’ (devices used to keep clay in place on a potter’s wheel) from one sink to another. This was done in the vicinity of students and one of the ‘batts’ ricocheted off a pottery wheel and a sculpture striking one student on the hand.

The other ‘batt’ also ricocheted and glanced off of the back of a different student.”

In lieu of proceeding with formal disciplinary action, she agreed the ethics commission could enter a final order.

Disciplinary action: Letter of reprimand.

2012‌

MICHAEL SCOTT BRINKERHOFF School district: Cassia County Ethics complaint: Brinkerhoff was sentenced to serve up to 12 years of supervised probation for felony sexual abuse of a child younger than 16, according to Times-News archives. He Brinkerhoff pleaded guilty to posing as a 15-year-old male in order to engage in sexually charged Internet conversations with a female student at Burley Junior High School, police said.

Law enforcement said he sent multiple Facebook messages, many with sexual content, to his 14-year-old female victim.

Disciplinary action: Permanently revoked teaching certificate.

JANET TAYLOR JONES School district: Twin Falls Ethics complaint: A complaint against Jones — an extended resource teacher — included allegations that she struck a student on the head with a book, required a special needs student to remain in his wet clothing after he urinated in his pants during class and directed paraprofessionals to be “meaner” and more “aggressive” with special needs students, according to state records.

“Ms. Jones testified that she was in a difficult situation,” according to state records.

“From her perspective, she was placed in a new situation without adequate information about the students that would be in her classroom and without adequate administrative support from above or adequate paraprofessional support in her classroom.”

Disciplinary action:

Suspended teaching license until Sept. 1, 2013, with conditions before returning to the classroom: taking additional classes or other instruction to address classroom management, behavior intervention training, working with paraprofessionals and professional colleagues, and the ethics principles found in state board rules.

ROGER L. WELLS School district: Castleford Ethics complaint: Wells was accused of secretly videotaping a high school girl as she showered during an FFA convention in Moscow in 2011. He accepted a plea agreement in a Latah County courtroom, where he pleaded guilty to video voyeurism. Wells was sentenced to jail time, five years of probation and must complete sex offender treatment, according to the Moscow-Pullman Daily News.

Wells voluntarily surrendered his teaching license in July 2012.

Disciplinary action: Revoked teaching certificate.

2013‌

TARA BAGLEY School district: Cassia County Ethics complaint: Bagley, who was assistant principal at Burley High School, was convicted in July 2013 on two felony counts of sexual abuse committed by lewd or lascivious acts on a minor child 16 to 17 years Bagley old. Bagley was sentenced to two consecutive fourto 13-year prison terms after a plea agreement dismissed five charges of sexual battery of a minor.

In January 2013, Bagley voluntarily surrendered her standard secondary certificate and administrator certificate, state records show.

During her court sentencing in July 2013, balled-up tissues used to dry Bagley’s tears piled up on the table in front of her. Bagley said six months earlier she was a successful vice principal, church leader, wife and mother of three. “The only part that is true now is I’m still a mother.”

She characterized her acts as “consensual, inappropriate relationships” and said she takes responsibility for the harm she caused to the victims, school and community. “First, I want to apologize to the victims and their families. I’m so sorry for what happened — especially because I was in a position of trust and responsibility for these girls.”

Bagley said she “embarrassed and brought a bad name to the teaching profession.”

Disciplinary action: Permanently revoked teaching license.

JEAN-JACQUES BOHL School district: Blaine County Ethics complaint: Bohl allegedly “attempted to place duct tape over a student’s mouth for talking in class,” grabbed a student by the neck and forcibly walked him to his seat while telling him to “shut the f— up,” showed one or more male students “how he could crush their testicles for talking in class by slamming wooden yoga blocks together” and, when a student completed a class assignment to depict what other students would look like in 15 years, he copied and distributed a drawing of a student whose

eyes had fallen out from playing video games, according to state records.

Bohl was “forthright about what he had done and why it was inappropriate” and retired from his 25-year teaching career under “circumstances that embarrassed him and that prevented him from finishing his last year of teaching in his classroom and from speaking at the high school graduation ceremony,” according to state records.

Disciplinary action: Suspended teaching certificate until Bohl completed two classes: one addressing anger management and one addressing controlling student behavior in the classroom.

AMY MARIANNE HARDIN School district: Filer Ethics complaint: Hardin allegedly sent a text message to a student asking if she could pull off a naughty teacher costume for Halloween, according to state records.

“Ms. Hardin testified that she had not initiated the text message exchange with the student and that she had answered his texts about what she was doing in a humorous fashion and not a suggestive fashion,” according to state records. Later the document states: “Ms. Hardin now realizes that exchanging text messages with students is a poor practice.”

Disciplinary action: Required one ethics class.

JEFFREY AARON MOORE School district: Twin Falls Ethics complaint: The school district alleged Moore may have provided “false and/ or misleading information in applications for employment,” according to state records.

Moore didn’t provide an answer to the administrative complaint.

Disciplinary action: Revoked teaching certificate.

BELINDA J. TURLEY School district: Jerome Ethics complaint: Turley — while on school property during regular hours — allegedly “uploaded two photographs from a personal flash drive onto her school computer” and sent them via her school email to two co-workers, according to state records. They were of a male acquaintance and “such photographs were inappropriate for viewing at school or through the school’s email system.”

In lieu of proceeding with formal disciplinary action, she agreed the ethics commission could enter a final order.

Disciplinary action: Letter of reprimand and requirement of an accredited ethics course.

2014‌

ANDREW J. BACHA School district: Bliss Ethics complaint: Bacha stated he completed six professional development credits when he submitted an application in August 2012 to renew his certificate, but didn’t complete the credits until October 2012, according to state records.

In lieu of proceeding with formal disciplinary action, he agreed the ethics commission could enter a final order.

Disciplinary action: Suspended teaching license indefinitely, until he completed Ethics 202 at the College of Southern Idaho, a new background check and all conditions for a clear five-year certificate, including required testing.

REBECCA HUNSAKER School district:

Cassia County Ethics complaint: Hunsaker, principal at Declo Elementary School, was the supervisor for a fourth-grade teacher who decided students who didn’t make their accelerated reading goal must choose between having their faces painted by students or staying in for recess, according to court records.

Hunsaker allegedly observed several students with painted faces, but “did not timely address the situation” with the teacher until the next day after receiving a parent complaint, according to state records.

In lieu of proceeding with formal disciplinary action, she agreed the ethics commission could enter a final order.

Disciplinary action: Required to complete within six months: develop a “Safe School Plan” for staff, complete a classroom management course and a course on harassment, bullying and cyber-intimidation in schools.

SUMMER RAE LARSEN School district: Cassia County Ethics complaint: School district officials filed a formal complaint about Larsen, a fourth-grade teacher at Declo Elementary School. On Nov. 5, she allegedly allowed her students to draw with water-based markers on six classmates’ faces who failed to reach a reading goal, state records show.

Students also had the option of staying in at recess. It was intended as a reading incentive for students.

In lieu of proceeding with formal disciplinary action, she agreed the ethics commission could enter a final order.

Disciplinary action: Required to complete within six months: a literature review with a minimum of seven sources on “effective motivational strategies for elementary students,” develop an implementation plan of best practices for “creating safe and effective motivational classroom climate” and submit both to the Cassia County School District superintendent for review prior to sending to the state.

ATHENA LORENE MASK School district: Twin Falls Ethics complaint: Mask allegedly verbally informed a school district administrator she was resigning from her teaching job, but the district didn’t release her in writing “or otherwise,” according to state documents.

Disciplinary action: Letter of reprimand, requirement to complete an ethics course before submitting an application for renewal of certificate.

REBECCA A. PENN School district: Twin Falls Ethics complaint: Penn, a special education teacher at Robert Stuart Middle School, allegedly hit a student in the face with an open hand; forcibly grabbed one or more students; used a frozen washcloth to scrub a student’s face, which left marks; made a student remain in soiled pants; and force-fed students, according to state records. Penn voluntarily surrendered her teaching certificate in November 2013.

Disciplinary action: Revoked teaching certificate.

CARL M. VAN VALKENBURG School district: Twin Falls Ethics complaint: Valkenburg allegedly “used inappropriate physical force and called a student a bastard during an attempt to address inappropriate behavior by the student,” according to state records. He voluntarily surrendered his teaching certificate in June 2014.

Disciplinary action: Suspended teaching certificate indefinitely, pending completion of any remedial training or coursework identified by the state’s director of professional standards and certification.

2015‌

TERRY SCOTT ROTHAMER School district: North Valley Academy (Gooding) Ethics complaint: Rothamer allegedly failed to “fully respond” to the Professional Standards Commission’s request to submit documentation within 30 days to clarify results of a background check, according to state documents. In lieu of proceeding with formal disciplinary action, he agreed the ethics commission could enter a final order.

Disciplinary action: Letter of reprimand.

—Julie Wootton

B4 • Sunday, March 27, 2016

Ethics Continued from B2

volunteers. They’re asked if anything in their past “would bring shame and embarrassment to the district,” Swafford said.

If it comes to light a person lied on a job application, that voids the employment agreement.

Who Undergoes a Background Check?‌ In past years, only certified Idaho educators had a background check before they started working at a school. That changed in 2008 with a bill sponsored by then-Rep. Jim Patrick, R-Twin Falls.

Patrick Now, background checks are required for student teachers, independent contractors and their employees, and other people who have unsupervised contact with students.

But if employees started working before background check requirements went into law — and haven’t moved to another school district — their past records may go unexamined.

“It’s possible that there are teachers who have worked many years within the district who have never received a background check,” said Lisa Colon, director of certification and professional standards for the Idaho Department of Education.

Gaps in the Hiring Process‌ Nationwide, schools are improving their practices to work toward curbing child abuse, Finkelhor said.

“There’s kind of a movement to set up prevention mechanisms in schools and youth organizations.”

But with 90 percent of new cases involving sex

Experts: What Schools Should Do ‌Two experts’ recommendations on hiring teachers, background checks and curbing unethical behavior:

Mike Poe‌

Director, educational leadership program at Northwest Nazarene University Call secondary references.

Calling a job applicant’s references is an important part of due diligence, even when school officials already know the applicant. But applicants typically won’t list a reference who has negative things to say. So Poe teaches students in his educational leadership program to also call a secondary person who’s not listed as a reference.

“I don’t know how many school districts do that in practice.”

Virtually all school districts have reduced staffing, he said, and that time constraint makes it hard to take extra steps in vetting applicants.

Review polices after a crimes against children, he said, perpetrators have no prior history, so a background check wouldn’t pick up anything.

Large school districts with fully staffed human resources departments have an easier time being thorough when hiring. But it can be a challenge for smaller, rural districts.

The key to keeping inappropriate people out of classrooms is “doing every piece of due diligence they can,” Poe said. “That takes time.”

“Really, it’s a pretty good process for those applicants that have lived and taught within Idaho,” Jerome School District Superintendent Dale Layne said. “I think it becomes more difficult when it moves state-to-state.”

School districts — due to a lack of money and staffing — typically rely heavily on information from states. And states rely on a database from the nonprofit National Association of State Directors

high-profile case. Anytime there’s a high-profile case in a school district, administrators should review the hiring and background check processes.

Follow up on concerns. When someone complains, districts should be “very aware” of it and follow up. “There are times when you go ‘Really?,’ but that doesn’t mean they don’t need to be investigated.”

Sometimes, school leaders think the person accused couldn’t have done something wrong and things get swept under the rug instead of investigated.

David Finkelhor‌ Director, Crimes Against Children Research Center Tell job candidates what the school is doing to promote safety and keep out people with bad intentions. Often, that’s effective for weeding out applicants.

of Teacher Education and Certification; there isn’t a federal government database of teacher ethics complaints.

States voluntarily add information, but that doesn’t always happen. NASDTEC’s database was missing names in 1,400 cases where teachers permanently lost their licenses, USA Today’s investigation concluded.

“If all of the pieces and parts don’t work correctly, you’re going to have people fall through the cracks,” Poe said.

NASDTEC’s database of teacher certification records was created 25 years ago.

States realized that when they received an out-ofstate applicant “there was no way of knowing if action wa s ta k e n Rogers against their certificate,” executive director Phillip

Have a strong code of conduct. School districts should outline acceptable and unacceptable kinds of conduct, contact and interactions between staff and students.

Train employees. Training sessions are crucial so employees understand their responsibility in reporting any worrisome situations.

Plus, it’s a chance for workers to gain skills in “managing their own behaviors in tricky and challenging interactions with students so that they don’t cross the line,” Finkelhor said.

Provide information to parents and students. Schools need to teach parents about situations and actions that should be red flags, and where they can go to get help and make reports.

Plus, there should be ageappropriate educational materials for children.

Prepare future teachers. In teacher training programs, address issues students could face so they understand the kind of environment they’re coming into.

Rogers said.

States started exchanging information, such as by mailing cassettes and discs.

“In the early days, they did it in some pretty clunky ways,” he said. A clearinghouse was created online in the mid-1990s.

It’s a voluntary program, meaning states are responsible for updating information.

All U.S. states — as well as U.S. territories and a couple of Canadian provinces — participate.

If the association sees a state hasn’t entered information recently, it inquires.

Often, the lag is due to a personnel change, Rogers said.

“Nobody does this full time.”

Many states don’t disclose information about minor disciplinary actions, such as a letter of reprimand. But they do include suspensions or revocations of certificates.

The database includes about 77,000 records, and about 5,500 are added each year. This fall, the association

plans to launch a pilot program to open access to school districts — not just states.

Overall, very few teachers are involved in misconduct cases, Rogers said, but they need to be identified for the safety of students. The clearinghouse is important because sometimes a teacher doesn’t have a criminal record but had action taken against his or her certificate.

Certificates Don’t Tell the Whole Story‌ In Verity’s case, he allegedly exchanged 2,625 text

messages — plus hours of phone conversations — with a female student from November 2004 through May 2005 while teaching in Oregon, according to Idaho ethics commission records.

And in May 2005, Verity “engaged in inappropriate physical conduct with the female student.”

After losing his Oregon teaching certificate, he continued to coach youth sports, and “there had been no recurrences of incidents like the one for which he had been disciplined,” according to Idaho records.

Verity applied for an Idaho teaching credential in 2008.

The state’s ethics commission noted: “Although we are not yet ready to grant Mr. Verity’s application for a certificate, we are not yet ready to deny it, either.”

The Idaho commission wanted Verity to undergo more intensive psychotherapy. Then, in May 2009, the commission granted his application, noting in documents that Verity “has undergone mental health counseling and has successfully addressed the underlying issues that left him vulnerable to misconduct …”

If the state determines someone is eligible for an Idaho license, Blackman said, he’s not sure why school districts would question that. “I imagine most districts would follow that recommendation.”

But a teaching certificate won’t ever tell the whole story, and school districts that take time to go beyond the state-mandated checks are most likely to spot applicants’ problems.

Reporter Julie Wootton first learned about the Idaho ethics commission and how it investigates complaints in 2013. Since then, she has seen the process unfold in several Magic Valley cases – some that were dismissed and others that ended with a teacher permanently losing a license.

2016

Southern Idaho Career & JOB xpo

Wednesday, April 6th 10am-1pm

Canyon Crest Event Center 6 x 10.5 Featuring Over 30 employers Enter to Win a Gas Card!

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