Resolutions Related to Higher Education

F-29. Subcontracting/Contracting Out

The National Education Association believes that public school services should be performed by public education employees.

The Association opposes, in public school districts and educational institutions, subcontracting/contracting out arrangements that—

1. Transfer or displace education employees
2. Replace full-time positions with temporary, part-time or volunteer workers
3. Replace services that are, or could feasibly be, provided by public education employees
4. Abrogate previously contracted benefits, reduce compensation, deny fringe benefits, and/or reduce or eliminate accumulated retirement experience and benefits
5. Have not been agreed to by the affected affiliate.

Where subcontracting exists, the Association believes that all personnel who are employed through the subcontractor to work in the school district or educational institution must meet the highest standards of accountability. The subcontractor must conduct background checks prior to allowing employees to work in the school district or educational institution and submit validation of its findings to the school district or educational institution and must provide continuing evaluation and supervision of these employees. The Association insists that such criminal background checks must provide that—

1. Information collected will not be released to boards of education in a form other than a statement of qualification but be kept by the investigating state or national agency
2. Every employee or potential employee has a right to due process and access to records
3. Clear, specific, observable, and objective evidence of rehabilitation for past offenses is included
4. Any fee for background checks shall not be borne by the employee or potential employee. (1977, 2000)

NOTE: Figures in parentheses represent the years when the resolution was first adopted and last amended or reviewed.