Act 24 of 2011 and Act 82 of 2012- Background Checks

Background Checks for School Employees, Independent Contractors and Student Teachers

Act 24 was originally signed into law June 30, 2011 by Governor Corbett and was amended on June 30, 2012 as Act 82 of 2012.  The law includes an important mechanism to help ensure that current and prospective school employees, independent contractors and student teachers are required to provide assurances they have not been previously arrested or convicted of a Section 111(e) offense. Accordingly, under Act 24 of 2011 and Act 82 of 2012, all current and prospective school employees, independent contractors and student teachers are required to complete and return to a designated school administrator a form developed by PDE to report prior arrests or convictions for any offense listed in Section 111(e).

On February 16, 2016, Governor Wolf signed into law Act 4, which includes amendments to Section 111 of the school code.  Act 4 also includes changes on the PDE-6004 Arrest and Conviction form.

All school employees are required to report to the chief school administrator or the Director of Human Resources within 72 hours of any arrest or conviction of an offense listed in Section 111(e) that occurs after September 28, 2011.  The PDE-6004 form shall be used to report these arrests or convictions to the Director of Human Resources; therefore, the PDE-6004 form will always be available to you via Clearances Overview page on the website or by contacting Tracy Bileck at tracy.bileck@aiu3.net for a copy of the form.  The law provides that willful failure to timely report any such arrest or conviction can result in termination of your employment.

The law also requires that if the chief school administrator or the Director of Human Resources has a reasonable belief that an employee was arrested or convicted under a Section 111(e) offense and the employee has not notified the chief school administrator or the Director of Human Resources of such arrest or conviction, the chief school administrator or the Director of Human Resources will require the school employee to submit to a current Section 111 background check.  Under these circumstances, the background check shall be at the expense of the employing entity.

Finally, under Section 2070.9(a) of the Professional Educator Discipline Act, the chief school administrator or Director of Human Resources is required to report to the Professional Standards and Practices Commission (PSPC) all instances of employees reporting an arrest or conviction noted on PDE-6004 Arrest and Conviction form.

Click here to log in
Copyright TEXT Allegheny Intermediate Unit. All Rights Reserved.