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FBI Clearance in Schools Update
July 17, 2007

Many agencies that provide behavioral health services in schools are asking, “Are all contractors and their employees required to obtain FBI criminal background records?” The response to that question as posted on the Department of Education web site follows.

It is the responsibility of the School District/Intermediate Unit/AVTS/CTC, based upon the law, contract and local policy, to determine when contractors and their employees are required to obtain criminal background records.

When new contracts are entered into, any such new contractors and their employees who have direct contact with children must produce the required State and Federal background checks.

Existing contracts can be renewed without federal background checks for contractors and their employees employed prior to April 1, 2007. If an independent contractor adds any new employee to the work force during the pendency of the contract, State and Federal background checks must be provided prior to the employee being assigned to any work which would bring the employee into direct contact with children

If a new contractor is hired after April 1, 2007 and necessary state and federal background checks are provided, the contract can be renewed the following year without again requiring background checks on the same individuals.

Contracts should clearly and expressly designate the responsibility for providing background checks and should note that if an independent contractor adds any new employee to the work force during the pendency of the contract, state and federal background checks must be provided prior to the employee being assigned to any work which would bring the employee into direct contact with children.

Additional information is available on the Department of Education web site at
www.teaching.state.pa.us/teaching/cwp/view.asp?A=13&Q=125828.

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