I. Act 82 of 2012, signed into law on June 30, 2012, amends Section 111 of the School Code, which provides for background checks for employees of public and private schools, intermediate units and area vocational-technical schools who have direct contact with children. Section 111 also applies to independent contractors and their employees who have direct contact with children and to student teachers and student teacher candidates assigned to public and private schools. The amendments clarify that the employment prohibitions contained in Section 111(e) and Section 111(f.1) of the School Code, based on conviction of certain offenses, apply to both current and prospective employees. The changes to Section 111 went into effect on June 30, 2012.
II. Expansion of Reporting Requirements to School Administrators: Reporting of Section 111(e) and 111(f.1) offenses required
Act 82 expands the requirements for mandatory reporting of arrests and convictions of school employees to school administrators for certain offenses. Under the prior version of the law, current and prospective school employees were required to report to school administrators’ only arrests for or convictions of offenses listed under Section 111(e) of the School Code. Section 111(e) offenses include such criminal offenses as homicide, rape and kidnapping, among other offenses. Under Act 82, the reporting requirement is expanded to include, in addition to the 111(e) offenses, arrests for or convictions of offenses listed under Section 111(f.1) of the School Code. Section 111(f.1) offenses include felony offenses not listed in Section 111(e), if less than 10 years have elapsed since the date of expiration of sentence; first degree misdemeanors not listed in Section 111(e), if less than five years have passed from the date of the expiration of sentence; and any offense relating to driving under the influence graded as a first degree misdemeanor (if the person has been previously convicted of such an offense and less than three years has elapsed from the date of expiration of the sentence for the most recent offense.) Expiration of sentence typically means completion of imprisonment, probation and parole; and satisfaction of all financial obligations required by the sentence, including restitution, which is recognized by court order.
III. Availability of REVISED PDE Form-6004 for Employees to Report Section 111(e) and (f.1) Offenses
As required by Act 82, PDE has revised the form (PDE-6004) to report arrests or convictions to include offenses listed under Section 111(f.1) of the School Code as well as Section 111(e) offenses. This revised form (PDE-6004) is attached and can also be accessed on the RIU6 website. PDE-6004 Form
As required by subsection (j)(2) of 24 P.S. §1-111, the revised PDE-6004 is required to be completed and submitted by all current or prospective employees of a public or private school, intermediate unit or area vocational-technical school. Please note that under Act 82, any current employee who completed a PDE 6004 on or before December 27, 2011, in compliance with 24 P.S. §§1-111(j)(1) and (2) on that date, and who has never been arrested for or convicted of an offense enumerated under 24 P.S. §§1-111(e) or (f.1) is not required to complete and submit an additional form. In addition, as required by subsection (j)(4) of 24 P.S. §1-111, this form shall be utilized by employees to provide written notice within seventy-two (72) hours after an arrest or conviction for an offense enumerated under 24 P.S. §§1-111(e).
Additional Information: Background checks; Background checks of employeesThe information and links below pertain to individuals who are seeking a position with a school district or intermediate unit. Click on the following links to go directly to the registration pages for Act 34, Act 151 and Act 114 clearances.
The PA State Police use a web-based computer application for which you must use a credit card to pay the fee. The results will not be mailed. You must return to the ePatch site and print your criminal history check results.
www.compass.state.pa.us/cwis is the on-line website to register for your Act 151 clearance. There is a 2-step process to this. You first must register for the portal before you can apply for your clearance.
Complete only Section No. 1 of Form CY-113, enclose an $8 money order and mail the form to Childline and Abuse Registry, Department of Public Welfare, PO Box 8170, Harrisburg PA 17105-8170. It will take about one month for the form to be processed and results returned to you. Please make sure to print a copy for your records. For status of a request, please call the Department of Public Welfare, Childline and Abuse Registry at (717) 783-6211.
Last Modified on November 11, 2015