by Dr. Anne E. Kruse, former executive director, Iowa Board of Educational Examiners

Many of you have inquired of this office the procedures that are necessary to access information regarding the on-line court record search, sex offender registry, and child abuse registry as criteria for determining employee hiring. I will provide you with some brief general information regarding this topic followed by instructions how to access the above-referenced information.

Beginning October 1, 2000, the Board of Educational Examiners required each new Iowa applicant to successfully complete a state and national criminal history background check, the Iowa sex offender registry, and the child abuse registry. However, the Board of Educational Examiners is prohibited by law from sharing information regarding criminal history and child abuse with a third party (e.g. school districts). Therefore, this information must be accessed directly by the LEAs.

After October 1, 2000, individuals who apply for Iowa licensure such as a new Iowa grad, new to the state of Iowa (teacher or administrator), a new coach, or a new paraeducator, the applicant's background would have been checked for state and national criminal history, sex offender registry, and child abuse registry. Individuals who applied prior to October 1, 2000, and those individuals who have been previously licensed by the Board of Educational Examiners are not required to complete a background check. However, criminal and ethical questions remain on the licensure renewal form and must be answered honestly.

The on-line court records system is a public document and can be acquired via the Internet, as listed below. The sex offender registry is also a public document and can be acquired via the Internet also, as listed below. The child abuse registry is NOT a public document and cannot be acquired via the Internet. However, Iowa Code 235A.17(1)(a) allows school districts the ability to acquire these records. Instructions are listed below.

This on-line court record system is not a formal or complete background check. This is not a DCI criminal history check. It is only a check of court records on-line. This information is provided to the court system by individual counties, so if the information is not uploaded from each county, the information will not appear. The duration of the database varies. Some counties have as few as four years back-records available at this point, but this on-line court record system does not include multiple years, only a few.

The only way for LEAs to conduct an official background check is to contact the DCI. This information will report most arrest and disposition information without a waiver. However, if you desire to conduct a complete Iowa criminal history background check with information about deferred judgments and pending matters, you will need to obtain a waiver from the individual. If you desire to utilize the services of the DCI, please contact 515-281-5138 and they will guide you in setting up an account. There is a charge for this service.

As a point of clarification, the Board of Educational Examiners issues a "Temporary Permit" to individuals who have successfully completed the state background check, the child abuse registry, and the sex offender registry. However, the Temporary Permit is issued pending successful completion of the FBI national background check, which usually takes 2-3 months. The Temporary Permit has the same authority as a valid license except that it has an expiration date of 90 days from issuance. Once the Board receives a negative report from the FBI (which means no information was found), we issue the regular license for which the individual has applied.

Listed below are instructions to access the Iowa on-line court records system, the sex offender registry, and the child abuse registry.

PLEASE BE FOREWARNED that the web-site for the Iowa on-line court records system also includes such items as speeding, failure to stop/yield, etc. that our office does not consider when evaluating an application for licensure.

PLEASE PRACTICE. I would suggest that you first enter your own name and possibly family names prior to checking potential employees. This information is only as accurate as the individual Iowa counties upload the information to the court system.

BE CAREFUL. Use this information cautiously and carefully. You may also want to contact the court records department in the county that is listed for the offense to obtain additional detailed information prior to making any specific judgments regarding employment.

INSTRUCTIONS FOR ACCESSING IOWA COURT RECORDS:

1) Click on this Web site - http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame

2) Go to RIGHT column under TRIAL COURT. Click on "Case Search."

3) Enter data - Last name, first name. The middle initial or middle name assists in a more accurate search.

4) Click on "Search." This information will list the court cases involving the person, which includes accompanying state ID numbers. If you click on any of the blue case ID numbers on the left column, additional information will be provided (this may take a few seconds). Using that screen, you can click on the category [Criminal Charges/Disposition] and additional details will be provided (this may take a few seconds).

5) If you want to print any page of these reports, you must put your cursor on the portion that you want printed and then click "print," otherwise you will print a blank page.

6) If you want to return to a previous screen, put your cursor on "Back."

INSTRUCTIONS FOR ACCESSING THE IOWA SEX OFFENDER REGISTRY:

1) Click on this web-site - http://www.iowasexoffenders.com

2) Go to the left column. Click on the "Search Registrants."

3) Read these instructions carefully. If you agree then,

4) Click on "I understand and agree to the above statement" (type is in red). (Applies only to first time site is visited.)

5) Enter the information.

6) Click "submit."

INSTRUCTIONS FOR ACCESSING THE CHILD ABUSE REGISTRY:

To acquire a report from the child abuse registry, you must complete a "Request for Child Abuse Information" form from DHS. You may call 515-281-5582 and a form will be sent to you. If you have ten or fewer requests, you may fax these requests to 515-242-6884.

I hope all the information listed above regarding these three databases is of assistance to you. Again, as an additional warning, please be extremely careful and prudent with this information. Although two of the databases are public information, please do not put yourself or your district in a compromising or questionable position by misuse or abuse of this information.

This information and these procedures have been reviewed by the Board's legal counsel. The Board utilizes the services of the Attorney General's office that has conducted a careful review of this message. However, if you need to check with your individual school district legal counsel regarding this information or these procedures, please do so.

Iowa Board of Educational Examiners
Grimes State Office Building
Des Moines, IA 50319-0147
Phone: 515-281-5849
FAX: 515-281-7669

Web: http://www.state.ia.us/boee

Board rules: http://www.legis.state.ia.us/Rules/2001/iac/gnac/gnac1044/gna1045.pdf