TO: BEAVER VALLEY INTERMEDIATE UNIT EMPLOYEE APPLICANT
FROM: Mr. Thomas Zelesnik, Executive Director
RE: NEW EMPLOYEE BACKGROUND CHECK AND DEPARTMENT OF EDUCATION CLEARANCE, FBI FEDERAL CRIMINAL HISTORY, AND ARREST/CONVICTION REPORT (ACT 34 OF 1985, ACT 151 OF 1994, ACT 114 OF 2006, AND ACT 24 OF 2011)
IMPORTANT INFORMATION I. Act 34 of 1985
Act 34 of 1985 amended the Pennsylvania School Code to require a background check for new employees of public and private schools beginning January 1, 1986.
Two different background checks are prescribed. These are as follows:
1. Residents of the State of Pennsylvania must have the check done by the Pennsylvania State Police.
2. Out of State Residents must have the Pennsylvania State Police initiate an FBI check which includes finger printing.
The original copy of the background check must be sent or brought to the BVIU for review. Copies cannot be used. Your original will be returned to you after it has been reviewed. The background check can be no more than one (1) year old.
It is the responsibility of the applicant to obtain this check and forward the results to the BVIU. The cost for Pennsylvania residents is $10.00 and non-residents $24.00. This cost is to be paid directly to the State Police by the applicant. The background check is valid for one year.
An information sheet with detailed instructions is attached for your use.
II. Act 151 of 1994
Pennsylvania Act 151 of 1994 requires all schools to obtain background checks for child abuse for all applicants effective July 1, 1996. An application for this background check is enclosed. The cost, at this time, is $10.00 for the official clearance statement. Enclosed are instructions for completing the form.
The original copy of the clearance statement must be sent or brought to the BVIU for review. Copies cannot be used. A copy will be made and the original will be returned to you. The Act 151 background check cannot be more than one (1) year old. III. Act 114 of 2006
The FBI Federal Criminal History Record is required by Act 114 of 2006 for all employees of public schools beginning April 1, 2007.
Act 114 of 2006, Section 111 of the Public School Code was amended effective April 1, 2007. All student teachers (participating in classroom teaching, internships, clinical or field experience) and prospective employees (including but not limited to administrators, teachers, substitutes, janitors, cafeteria workers, office employees) of public and private schools, Intermediate Units and area vocational –technical schools, including independent contractors and their employees and bus drivers, who have direct contact with children, must provide to their employer verification of their Pennsylvania State Criminal History Background Check and their Federal Criminal History Record that cannot be more than one (1) year old. There is a cost for this background check –$28.75 effective March 19, 2012.
All positions with the Beaver Valley Intermediate Unit require Act 34, Act 151, and Act 114, background checks. If you wish to be on the substitute list, you must complete these requirements before your application can be approved for this type of work. The Beaver Valley Intermediate Unit provides fingerprint services for applicants; however, you must register through Cogent Systems and the Department of Education. Information is available on the BVIU Website at www.bviu.org or www.pa.cogentid.com. Telephone requests may be directed to 1.888.439.2486.
Should you have any questions regarding this procedure, please contact the Beaver Valley Intermediate Unit at 774-7800 ext. 3008.
IV. Act 24 OF 2011
Act 24 of 2011 contained a number of changes to Section 111 of the PA School Code. The new law which took effect September 28, 2011, now requires all school employees to provide assurances that they have not been previously arrested or convicted of a Section 111 (e) offense.
TZ/alg Updated: 9/5/2012 Pennsylvania Department of Education
Information Sheet
ALL BACKGROUND CHECKS ARE GOOD FOR ONE YEAR FROM DATE OF ISSUE
Background checks are good indefinitely if you stay within the same district. Any break in service with that district would require a new background check. Persons substituting in the same district year after year does not need a new background check each year as long as they have substituted at least one day in the previous year.
ACT 34 OF 1985 – PA Criminal History Report Act 34 of 1985 specifies that ALL EMPLOYEES of public and private schools including those of independent contractors, but excluding employees who do not have direct contact with students, hired as of January 1, 1986, must undergo background checks. In order to avoid delays in processing the background checks, job applicants must carefully follow the procedures listed below.
Administrators may employ applicants on a provisional basis for a single period not to exceed thirty (30) days or, for out-of-state applicants, a period of 90 (90) days provided all conditions listed in the Law are met.
PROCEDURE FOR PENNSYLVANIA RESIDENT
You can submit the request for Criminal History Record Check online using the PATCH web site or submit the request by mail using the paper form (Pennsylvania State Police Request for Criminal Record Check Form SP4-164). The fee is $10 per request either way you choose to submit the request.
The results are returned much faster if you use the PATCH web site and therefore we encourage applicants to submit your request online.
Go to the PATCH web site at: https://epatch.state.pa.us/Home.jsp Follow the instructions on the web site to submit your request. In the Reason For Request field of the Personal Information page, select “Employment”. Although your social security number is not required when completing the online form, it is especially important in finding records for the correct individual and should be provided. There is a $10.00 non-refundable fee for each request, regardless of outcome. Payment is accepted by credit card entered online when the request is submitted. Customers will be charged for misspelling, duplicate submissions and other user errors. You must provide a valid email address in order to receive vital information from the PATCH administrators.
It typically takes less than one day to process the Criminal History request and get the results when you use the PATCH web site. You will be able to print the Criminal Record Check results you receive.
If you prefer submitting the request by mail, use the SP4-164 form provided.( The State Police have cautioned us that the processing time for paper reports has increased; all applicants are strongly encouraged to use PATCH instead of the paper process.)
Forms will be processed by the State Police as they arrive. The State Police will return the Criminal Record Check to the applicant by mail within approximately four weeks. To check on the status of Criminal Record Check, call 1-888-783-7972 or the local number, 717-425-5546.
Applicant presents background check information to prospective employer. The ORIGINAL should be RETAINED BY THE APPLICANT and may be used for all employment verification for the one year period after issuance. The school entity shall make and keep a copy of the original. Act 151 - PENNSYLVANIA CHILD ABUSE HISTORY CLEARANCE
In addition to the Criminal Record Check all applicants must obtain a Pennsylvania Child Abuse History Clearance. There is currently no online option to do this. You must mail in the completed paper form, with money order, that is included within this Emergency Substitute packet. You may obtain this form from the school or from the Department of Public Welfare website at www.dpw.state.pa.us/ocyf/ocyfChildAbuseHistoryInst.asp or the School Services Unit in the Department of Education at (717) 783-3750 or (717) 787-4860. To check on the status of a request for the Child Abuse Clearance, please call the Department of Public Welfare Childline and Abuse Registry at (717) 783-6211.
Pennsylvania Child Abuse History Clearance Instructions 1. Type or print clearly and neatly in ink Section I only. 2. Address must be Applicant's current home address.
3. All information must be completed in full. (The form asks for all previous names, addresses, and household members since 1975). This information must be provided to the best of your knowledge and belief. If necessary, attach additional pages. 4. Application must be signed. 5. Enclose a $10.00 money order for each application. No cash or personal checks accepted. Agency or business checks are acceptable. 6. Do not send any postage paid return envelopes. 7. Application should be placed in a business-sized or larger envelope prior to mailing. 8. One block must be checked for Purpose for Clearance. Do not check more than one block. A. Check the Volunteer Block if performing a service (paid or unpaid) for organizations such as Big Brothers/Big Sisters, Boy Scouts, Little League or churches. A copy of your Criminal Record Check results obtained within the past year must be attached. Do not send original Criminal Record results. If you are not a Pennsylvania resident, you must also attach a copy of your FBI results obtained within the past year. This block should not be checked for anyone volunteering in schools. B. Check the School Block if seeking to have involvement within a school (public, private vocational, technical, nursing) for any reason. C. Check the Foster Care Block if applying for foster parenting or custody of a child. D. Check the Adoption Block if in the process or planning to adopt a child. E. Check the Child Care Block if planning to work in a day care setting or if all other blocks do not apply. F. Check the CWEP Block if you are participating in a Department of Public Welfare training program. The signature and phone number of the County Assistance Representative is required.
Clearance results will be mailed to you within 14 days from the date that the clearance is received in our office. There will be no replacements after 90 days. Failure to comply with the above instructions will cause considerable delay.
ACT 114 OF 2006
The fingerprint-based background check is a multiple-step process:
1. The applicant must register with Cogent Systems prior to going to the fingerprint site. For Emergency Substitute Certification, applicants need to register under the Department of Education. Fingerprint services will not be provided to applicants without prior registration. Registration is completed online or over the phone. Registration is available online 24 hours/day, seven days per week at http://www.pa.cogentid.com/. Telephonic registration is available at 1-888- 439-2486 Monday thru Friday, 8 AM to 6 PM EST. During the registration process, all demographic data for the applicant is collected (name, address, SSN, etc.) so there is no data entry required at the fingerprint collection site.
2. The applicant will pay a fee for the fingerprint service. Applicants may make their payment online at www.pa.cogentid.com using a credit card or debit card. Money orders or cashiers checks PAYABLE TO COGENT SYSTEMS will also be accepted on site for those applicants who do not have the means to pay electronically. NO CASH TRANSACTIONS OR PERSONAL CHECKS WILL BE ACCEPTED AT THE PRINT LOCATIONS.
3. The applicant proceeds to the fingerprint site of their choice for fingerprinting. The location of the fingerprint sites and days and hours of operation for each site will be posted on Cogent Systems’ website at www.pa.cogentid.com.
4. At the fingerprint site the Applicant Livescan Operators (ALO) will manage the fingerprint collection process.
5. The fingerprint transaction begins when the ALO reviews the applicant’s qualified State or Federal photo ID before processing the applicant’s transaction. A list of approved ID types may be found on the Cogent Systems’ website at www.pa.cogentid.com. Applicants will not be processed if they cannot produce acceptable identification.
6. After the identity of the applicant has been established, all ten fingers are scanned to complete the process. The entire fingerprint capture process should take no more than ten minutes.
7. The applicant’s scanned fingerprints will be electronically transmitted to the Pennsylvania State Police, who in turn submits the fingerprints and demographic information to the FBI as required by federal statute.
**The Act allows that Administrators may employ any applicants on a provisional basis for a single period not to exceed ninety (90) days, except during a lawful strike proceeding under the provisions of the act of July 23, 1970, known as the “Public Employee Relations Act”, provided that al of the following conditions are met:
Act 24 OF 2011
Act 24 of 2011 contained a number of changes to Section 111 of the PA School Code. The new law which took effect Spetember 28, 2011, now requires all school employees to provide assurances that they have not been previously arrested or convicted of a Section 111 (e) offense.
In order to meet this requirement all school employees are required to complete and return to the BVIU Executive Director the PDE-6004, Arrest/Conviction Report and Certification Form, which is included in your Emergency Substitute Certificate packet. This form will be maintained in your personnel file.