Recently, the PA general assembly passed legislation aimed at providing relief to colleges and universities required to comply with the Act 153 background check requirements. The bill (HB 1276) passed the House with a vote of 190-5. It was ratified by the Senate with a unanimous vote.
The new language removes the background check requirement for employees of higher education whose direct contact with children is limited to either (A) prospective students visiting a campus, or (B) matriculated students who are enrolled at the institution. The bill also limits the need for background checks to only those on the administrative staff who have; routine interaction (i.e, “regular and repeated contact that is integral to a person’s employment or volunteer responsibilities”), and direct contact, with children. These changes remove the background check requirement for the majority of the faculty and staff at colleges and universities.
However, background checks are still required for any employee of a college or university if that individual is in direct contact with a student who is enrolled in a secondary school. This measure is intended to protect children who are in dual enrollment programs and concurrently attend high school while taking college courses. Also, background checks are still required for any college employee who has direct contact with children at summer youth camps or other youth oriented programs.
The effective date for volunteers to get certifications has been extended to August 25th 2015, and the re-certification for background checks has been increased from every three years to every five years.
First Contact HR’s Recommendation:
Because these changes come amidst colleges already going through screening practices that may now be extraneous – we would advise colleges and universities to continue to background check the majority of their employees in order to keep their institutions safe. Parents of children going off to college will feel more at ease knowing that the school they have chosen did more than the bare-minimum with regard to their students’ well-being. Keeping up to date with background checks on all employees is still the best practice, and with the recent fee reductions it is now more affordable to ensure the school’s staff is fully vetted.
