Can a Background Check Reveal Your Special Education History?
Many individuals and employers may wonder if it is possible to discover that a person has a special education background through a background check. This article explores the confidentiality of school records in the United States, the implications of confidentiality on background checks, and the procedures that may or may not reveal a person's special education history.
Confidentiality of School Records in the United States
In the United States, all school records are confidential. This means that without explicit permission from the individual, no one can access detailed information about their educational history, including special education records. Schools require a signed authorization form for any third party to obtain such information. This protection ensures that personal and sensitive information remains private, fostering trust and encouraging students to seek the help they need.
Types of Employers and Background Checks
Background checks can vary based on the requirements of the position. There are three main scenarios:
Positions Requiring Post-High School Education: In such cases, the employer will usually conduct a more thorough background check, potentially examining detailed educational records. However, an employer would likely only use this information to determine if the candidate completed the necessary post-secondary courses. Assuming the candidate has the credentials required for the position, the presence of an IEP or special education records would not necessarily come into play. Positions Requiring Only High School Education: Here, the background check would focus on high school graduation credentials. The employer would not typically investigate further into the candidate’s educational history, including special education records. Position-Specific Requirements: For certain positions, specific training or certifications may be required. In these cases, the employer may look closely at the candidate's educational background, including any post-secondary education or specialized training. However, they would only access the information relevant to the specific job requirements.Special Considerations for Districts with IEP Data Systems
Some school districts, such as the Los Angeles Unified School District (LAUSD), have established systems in their databases that indicate when a student has an IEP (Individualized Education Program). This system was put in place as a result of the Chanda Smith case, where a student was improperly placed in classes because the counselor was unaware that the student had an IEP. In such cases, the electronic records may reveal that a student has an IEP, but this would be under special circumstances and not a general rule.
No Identifying Mark on Transcripts
Despite these special considerations, there is nothing on a student's transcript that explicitly identifies the student as someone who received special education services. Classes such as speech therapy or occupational therapy might suggest that a student received special education, but only someone knowledgeable in the nuances of education records would be able to identify such indicators.
IEP records and assessment reports are kept in confidential records and are not typically disclosed as part of a standard background check. This maintains the privacy of the student and ensures compliance with Federal law. Employers would not be able to access detailed information about a student's special education history without the student's explicit consent.
Therefore, it is highly unlikely that a standard background check would reveal a person's special education history. Employers and individuals should rely on the privacy and confidentiality laws in place to protect student information, ensuring that personal and sensitive records remain secure.