Purpose: This guidance supports tutoring programs in creating safe, legally compliant, and equitable screening processes by outlining key components of effective tutor background checks and formal policies.
This resource is for informational purposes only and is not a substitute for legal advice. Programs should consult legal counsel to ensure compliance with all federal, state, and local laws.
Purpose of Background Checks
| Why It Matters | What Programs Should Do |
| Tutors work closely with students and hold positions of trust. Ensuring student safety is essential. | Screen all tutors before they begin working with students. This supports both legal compliance and a safe, inclusive learning environment. |
| Background checks may be required by local, state, or federal law. | Consult legal counsel to identify applicable requirements and ensure your policies are compliant. |
Types of Background Checks
| Type | What It Covers | Notes |
| FBI Fingerprint-Based | National database of federal and many state-level criminal records | Excludes minor offenses; should be paired with state checks |
| State of Operation | Criminal history within the state where the tutoring occurs | Check access rules, timelines, and costs |
| State of Residence | Criminal history from the tutor's home state | Especially important for virtual programs |
| Sex Offender Registry | National U.S. DOJ sex offender database | Document and sign off on review dates per applicant |
| Child Abuse Registries | Records of substantiated abuse allegations not found in criminal databases | Varies by state; contact child welfare agencies for access |
Special Considerations
- When designing a tutor screening process, there are a few important contexts that require special attention. If your program uses private vendors to conduct background checks, be aware that their databases may be inconsistent or incomplete. Choose vendors with transparent methodologies that clearly align with your program’s legal and policy requirements.
- For programs that work with international college students as tutors, note that these individuals may not have U.S.-based records. In these cases, it may be appropriate to request a background check from their country of origin, if legally and logistically feasible. Always consult legal counsel to determine the best course of action.
Professional References
- Professional or character references are an important complement to background checks. They provide valuable insight into a tutor’s readiness, reliability, and experience—especially when they speak to past work with children or in educational settings. Programs should require structured, documented reference checks that align with the organization’s expectations and values.
Components of a Strong Screening Policy
- A comprehensive tutor screening policy ensures consistency, legal compliance, and safety. Strong policies clearly outline all legal and regulatory requirements—including federal, state, local, and institutional mandates (such as AmeriCorps). They also define which screening components are required, such as specific background checks, reference checks, and consent forms.
- Programs should establish consistent disqualifying criteria, document all processes, and track the status of each tutor’s screening. The policy should clarify who is responsible for associated costs—whether the organization or the tutor—and must include tutor consent procedures. Finally, all results must be handled in accordance with strict confidentiality and data protection protocols.
Embedding Equity, Sustainability, and Continuous Improvement
- To promote equity, programs should regularly review disqualifying criteria to avoid reinforcing systemic biases and consider second-chance pathways for non-violent or outdated offenses. Sustainability can be achieved by integrating screening into onboarding timelines and budgets and by exploring centralized or shared service models to lower per-tutor costs.
- Programs should also commit to continuous improvement. This means updating policies as laws change, incorporating tutor and staff feedback, and ensuring alignment with the NSSA’s quality standards for high-impact tutoring.