General Requirements
The Act requires that all of the following individuals who will have direct contact with children (as defined in 22 Pa. Code § 8.1)
provide to their prospective employer a copy of their Federal Criminal
History Record, PA State Police Report and DPW Child Abuse Report that
cannot be more than five (5) years old at the time of hire.
- Student teachers (participating in classroom teaching, internships, clinical or field experience),
- Prospective employees of public and private schools, Intermediate
Units and Area Vocational-Technical Schools (including, but not limited
to: administrators, teachers, substitutes, custodians, cafeteria workers
and office employees), and
- Independent contractors and their employees (including, but not
limited to: bus drivers, PIAA Sports Officials, and construction
workers).
Prospective employees/student teacher candidates/contractors and
their employees, hereafter referred to collectively as applicant, are to
submit with their employment application State and Federal criminal
history reports (for the Federal Criminal History Report the applicant is to submit their Universal Enrollment
ID (UEID) or a copy of the completed form/request. Criminal history reports
(results of background checks) shall be no more than five years old at the time
of hire.
Administrators shall require each applicant to produce the original
criminal history reports prior to employment or follow appropriate
procedures to employ applicants on a provisional basis, until the report
is received and reviewed. Student teacher candidates are to submit
their criminal history reports to the
administrator of the educator preparation program prior to
participation in any
classroom teaching, internship, or clinical or field experience.
Provided all conditions listed in the Law are met, when the applicant
provides a copy of the completed UE form to the administrator, the
administrator may employ applicants on a provisional basis for a single
period not to exceed 90 days (see the PROVISIONAL HIRE section)
An administrator or other person responsible for employment decisions
in a school or other institution under this section who willfully fails
to comply with the provisions of this section commits a violation of
this Act and shall be subject to civil penalty. A civil penalty shall
not exceed $2,500. Procedures that will be followed by staff of the
School Services Unit when investigating alleged
violations of 24 PS 1-111 are contained in Basic Education Circular 24
PS 1-111 Violations of Background Checks.