Back-to-School Checklist: Key Employment Compliance Issues for Private Schools
As schools prepare to welcome students back for a new academic year, many are also finalizing hiring decisions and completing onboarding for teachers, administrators, coaches and support staff. Amid the excitement of a new school year, schools should not overlook the employment law and compliance obligations that accompany these efforts.
The start of the academic year provides an ideal opportunity to review hiring, onboarding, training, and employment and student policies. Taking a proactive approach can help schools reduce legal risk, support student well-being, and establish a strong foundation for the year ahead.
Below are several key employment compliance considerations schools should review before the first bell rings.
- Verify Employment Eligibility
I-9 compliance remains an area of significant enforcement focus and common mistakes—such as incomplete forms, missing signatures, or improper document review—can result in costly penalties. Before the school year begins, schools should ensure their employment eligibility verification practices comply with applicable federal requirements and that all Form I-9 documentation is completed and maintained properly.
2. Conduct Appropriate Background Screening
Schools occupy a unique position of trust. Employees frequently have direct and ongoing contact with students, making thorough pre-employment screening an important component of risk management. Schools should also ensure that any screening program complies with applicable federal, state, and local laws governing criminal history inquiries and consumer reports. Certain jurisdictions impose restrictions on when and how criminal history information may be considered during the hiring process.
3. Confirm Required Licensure and Credentials
Before employees enter the classroom, schools should verify that all their required credentials are current and valid. This review may include, for example:
- teaching certificates
- nursing licenses
- coaching certifications
- commercial driver's licenses for transportation personnel and
- any other certifications required by state law, accrediting organizations, or governing bodies.
Schools should also establish systems for tracking upcoming renewal deadlines to avoid lapses during the school year.
4. Complete Mandatory Reporter and Student-Welfare Training
Many states require school personnel to receive training on recognizing and reporting suspected child abuse, neglect, or other threats to student welfare. The beginning of the school year provides an ideal opportunity to train newly hired employees, provide refresher training for returning staff, review mandatory reporting obligations, and review and reinforce internal reporting procedures. Consistent training can help ensure employees understand both their legal obligations and the school’s expectations regarding student welfare and reporting responsibilities.
5. Update Employee Handbooks and Workplace Policies
Employee handbooks should be reviewed periodically to ensure they remain current and compliant with applicable law. The beginning of a new academic year is an ideal time to review policies relating to:
- equal employment opportunity
- harassment and discrimination prevention
- leave policies
- social media and electronic communications
- confidentiality and records management
- workplace conduct and
- technology and data security.
Schools should also distribute updated handbooks and obtain signed acknowledgments from employees confirming receipt and understanding of workplace policies. Regular policy reviews can help identify and address changes in federal, state, and local employment laws.
6. Don’t Overlook Wage-and-Hour Compliance
While schools often focus on operational and academic preparations at the start of the year, wage-and-hour compliance deserves equal attention. Areas that frequently create risk include:
- proper classification of employees as exempt or non-exempt
- overtime practices for non-exempt employees
- stipends and supplemental pay arrangements and
- timekeeping and record-retention practices.
Administrative staff, maintenance personnel, food service employees, transportation personnel, and athletic department staff may present unique wage-and-hour considerations depending on their duties and compensation structures. A preseason review can help identify and address compliance issues before they evolve into costly disputes.
7. Prepare Supervisors for the School Year
Principals, department heads, and supervisors often serve as the first point of contact for workplace concerns. Providing management training before the school year begins can help ensure issues are identified and addressed appropriately. Well-trained supervisors can play a significant role in reducing legal risk and fostering a positive workplace environment.
Before the First Bell Rings
The beginning of a new school year is often one of the busiest times for private schools. As hiring and onboarding activities wrap up, schools should take the opportunity to review their employment practices, training programs, and workplace policies to ensure they are prepared for the year ahead. Addressing compliance issues before students return can help reduce legal risk, support effective operations, and position schools to for a successful academic school year.
If you have questions about preparing for the upcoming school year, please contact Erin Malone or any member of Phelps’ Education Law team. Phelps advises schools and educational institutions on hiring practices, employee handbooks, workplace investigations, wage and hour compliance, training obligations, and other employment-related issues.
