Clearance Law

Recently, Act 18 of 2020 was signed by the governor. This act amended the Child Protective Services Law (CPS Law) to, among other things, added a new Section 6387, entitled “Pandemic of 2020,” providing emergency relief to those individuals required to obtain FBI background check recertification under Section 6344.4 of the CPS Law, including school employees. Act 18 provides an extension of time until December 31, 2020, to obtain the FBI recertification. There is NO extension for the child abuse and PA criminal history. If you are choosing to delay updating the FBI clearance through the extension period, you will need to complete the district’s FBI affidavit and complete a new Act 24 form by the original FBI expiration date. These are attached below.

The Child Protective Services Law amends School Code and directly affects all new or existing employees, contractors with direct contact with students, and volunteers. An employee is an individual who has been, or will be, Board approved which includes substitutes, coaches, and extracurricular sponsors. All of these individuals need to obtain new clearances every 60 months. The employee is responsible to purchase and bring clearances to Human Resources prior to the expiration date every 60 months. Failure to do so may result in disciplinary action up to and including termination. New employees are required to initially submit clearances to their employers that are dated within 60 months.

This is a statewide mandate which affects all school districts and businesses working within a district.

Please be aware that the Act 34 and Act 151 clearances are available online can be done anytime. You will need to register online for the FBI fingerprint clearance and then go to an approved provider for your fingerprints.

Below are the links to obtain your clearances.

ACT 151 Child Abuse Clearance

Cost: $13.00

ACT 34 PA State Police Criminal History

Cost: $22.00

FBI FINGERPRINT CLEARANCE

Service Code : 1KG6XN

Identogo website- PLEASE SEE INSTRUCTIONS BELOW BEFORE PROCEEDING WITH FINGERPRINT APPLICATION ONLINE. Cost: $23.85

In addition, as required by law, any arrest or conviction for an offense enumerated under 24 P.S. 1-111(e) needs to be reported in writing by filling out the attached form within seventy-two (72) hours of arrest or conviction.

Fingerprint directions

Under Act 15 of 2015 (the Act), which amends the provisions of the Child Protective Services Law, volunteers who are responsible for the child’s welfare or who have “direct volunteer contact” with children at a school will be required to have background checks.

Volunteers must obtain the following certifications:

Report of criminal history from the Pennsylvania State Police (PSP); and
Child Abuse History certification from the Department of Human Services (Child Abuse).
A fingerprint based federal criminal history (Federal Bureau of Investigation) submitted through the Pennsylvania State Police or its authorized agent IS REQUIRED IF THE VOLUNTEER IS CHAPERONING A FIELD TRIP.

If the volunteer has been a resident of the Commonwealth of Pennsylvania for the entirety of the previous 10 years AND WILL ONLY BE WORKING WITH STUDENTS IN DIRECT SUPERVISION OF AN EMPLOYEE OF THE DISTRICT, they may sign the volunteer affidavit in lieu of fingerprints .

Act 126 Mandate and Available Training

Act 126 requires professional development for all school entities in four specific areas:

The recognition and reporting of child abuse, the Pennsylvania Educator Misconduct Act and the maintenance of professional relationships with students. All employees of a school district who have direct contact with children must be trained. This training shall be a minimum of three hours and cover all required topics.

The intent of the training requirement is to protect the children of Pennsylvania by ensuring that all those working with them understand how to recognize and report suspected child abuse.

You can access free online training by going to the Pennsylvania Child Welfare Resource Center.

www.reportabusepa.pitt.edu

Or contact 717-795-9048

Instructions:

Go to www.reportabusepa.pitt.edu
Click the "Registration" link at the top of the page.
Please make sure to complete all fields accurately. Please refer to the frequently asked questions (FAQ) section after you login.
This course is approved for 3 continuing education credits and has been approved by the PA Department of Human Services and Department of State to meet mandated reporting (Act 31) license requirements. All other licensing-related questions should be referred to your respective Board(s).

Upon completion of the course you will be prompted to print out the Mandated Reporter Training Certificate.

Please send a copy of the certificate to the Human Resources office within 30 days of your hire date or re certification date.