Audit Finds Maryland Failed To Ensure School Employees Were Properly Screened

ANNAPOLIS, Md. — A legislative audit released in January 2026 found that Maryland’s education department failed to adequately oversee whether local school systems properly screened employees and conducted required background checks for thousands of workers who have direct contact with students.

The audit by the Office of Legislative Audits concluded that the Maryland State Department of Education lacked sufficient policies and monitoring procedures to ensure local education agencies complied with state laws governing hiring practices, criminal background checks and the identification of past disciplinary actions that could disqualify individuals from working with children.

According to the report, state law requires local school systems to conduct pre-employment screenings for positions involving direct contact with minors, including written attestations from applicants and verification with previous employers regarding any history of child sexual abuse or misconduct. Auditors found MSDE did not have a process in place to verify whether those screenings were consistently performed by local school systems.

MSDE records showed that approximately 35,000 teachers were hired statewide since July 2019 who would have been subject to the screening requirements. However, auditors said the department did not monitor whether school systems carried out those checks, despite prior audits of individual districts finding that required screenings were not always completed.

The audit also identified gaps in how local school systems identify educators with prior disciplinary actions. Auditors found that 16 of Maryland’s 24 local education agencies were not members of a national disciplinary clearinghouse that tracks educator sanctions across states. As a result, those school systems lacked access to complete disciplinary histories for educators who did not already have records in Maryland’s licensing system.

Criminal background check oversight was another area of concern. While state law requires local school systems to obtain national and state criminal history checks for employees before or on their first day of work, auditors said MSDE did not conduct audits or other reviews to confirm compliance.

In addition, the department did not ensure that school systems enrolled employees in programs designed to provide alerts of subsequent criminal activity. In one local education agency reviewed, auditors found that 191 of 559 teachers — about 34% — hired prior to September 2024 were not enrolled in a state alert system that flags new criminal offenses. MSDE officials told auditors they were unaware of the lapse.

Auditors also found that only one of Maryland’s 24 local education agencies was enrolled in the FBI’s Rap Back program as of October 2025. The program provides continuous monitoring and alerts school systems if an employee is arrested or charged with certain offenses in other states.

The audit emphasized that while local school systems are legally responsible for conducting background checks, MSDE is responsible for statewide oversight and monitoring to ensure compliance. Auditors recommended that the department establish periodic audits, require documentation from local systems and mandate enrollment in continuous monitoring programs.

MSDE agreed with many of the recommendations and said it plans to pursue regulatory changes, annual compliance attestations from local school systems and expanded oversight procedures. The department disputed certain findings, arguing it lacks direct authority over some local hiring practices, but auditors said they reaffirmed their conclusions after reviewing the response.

Read the full MSDE audit report below:

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