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Human Resources » Background Checks & Clearances

Background Checks & Clearances

District Employees, District Volunteers, District-Contracted Service Providers, and Third-Party Organizations
 
Pennsylvania law requires criminal background clearances for adults who have direct contact with children or responsibility for student welfare. These requirements apply to individuals working directly for the District as well as adults affiliated with outside organizations that operate programs involving children.
 
This page provides an overview of:
  • Required background clearances under Pennsylvania law
  • Who is responsible for obtaining, reviewing, and maintaining clearances
  • How requirements differ for District personnel versus third-party organizations
Detailed submission instructions and role-specific requirements are available on the District’s Volunteer Eligibility & Clearance Requirements and Employee & Contractor Clearance Requirements pages.
Required Clearances Under Pennsylvania Law (Act 153)
 
Under Pennsylvania’s Child Protective Services Law (Act 153), adults who have direct contact with children or responsibility for student welfare are required to obtain the following clearances:
  • Pennsylvania State Police Criminal History Check
  • Pennsylvania Child Abuse History Clearance
  • Federal Criminal History (FBI Fingerprint) Clearance
    • Required for all paid employees and contracted service providers
    • Volunteers who have not resided continuously in Pennsylvania for the previous ten (10) years must obtain the FBI Fingerprint Clearance. Volunteers who have resided continuously in Pennsylvania for the previous ten (10) years may qualify for an affidavit exemption in lieu of the FBI Fingerprint Clearance, as permitted by law.
Clearances must be obtained prior to beginning service and must be renewed every five (5) years.
Responsibility for Compliance
 
Clearance responsibilities depend on the individual’s relationship to the District.
 
District Employees & District Volunteers
 
Individuals who work or volunteer directly for the District in school-sponsored programs or activities are subject to District clearance review and approval requirements.
  • The District collects, reviews, and maintains required clearances
  • Clearances must be formally approved before an individual may begin working or volunteering
  • Clearance requirements vary based on role (employee vs volunteer)
Detailed submission procedures and role-specific requirements are outlined on the District’s Volunteer Eligibility & Clearance Requirements page and Employee & Contractor Clearance Requirements page.
 
District-Contracted Service Providers
 
Individuals employed by a third-party company that has entered into a contract with the District (e.g., therapy providers, transportation contractors, custodial contractors, or other service providers) are not District employees.
 
For these individuals:
  • The contracting company is responsible for ensuring its employees obtain the required clearances
  • The contracting company must provide copies of all required clearances to the District for review and approval prior to any individual providing services to students.
  • Individual employees of contracted companies do not submit clearances directly to the District unless specifically required by contract
 
Third-Party Organizations Using District Facilities
 
Third-party organizations (such as community youth athletic programs, recreational leagues, travel teams, booster organizations, private instructional providers, or other outside groups) are independent legal entities under Pennsylvania law.
 
For these organizations:
  • The organization is legally responsible for ensuring that all employees and volunteers who have direct contact with children obtain the required clearances
  • The District does not recognize a grace period. All clearances must be obtained and on file with the Organization prior to any individual working or volunteering with children.
Although these individuals are not District volunteers or employees, they remain subject to the same Act 153 clearance requirements when working with children.
Facility Use & Documentation Requirements for Third-Party Organizations
 
As part of the facility use approval process, third-party organizations are required to submit documentation demonstrating compliance with Pennsylvania law and District policy, including:
  • Affirmation of Compliance and Hold Harmless & Indemnification Agreement
    Certification that all employees and volunteers have obtained and maintain the legally required clearances, and acknowledgement that the District is not responsible for an organization’s failure to properly vet its employees or volunteers
  • Certificate of Insurance (COI)
    Naming the Richland School District as an additional insured and evidencing general liability coverage of not less than $1,000,000 per occurrence
Failure to provide required documentation may result in the denial or revocation of facility use privileges.
District Right to Verify Compliance
 
While third-party organizations are responsible for obtaining, reviewing, and maintaining required clearances for their employees and volunteers, the District, through the Superintendent’s Office, reserves the right to request documentation demonstrating compliance at any time as a condition of facility use.
 
Such requests may include, but are not limited to:
  • Verification that required clearances are current
  • Confirmation that individuals working with children have obtained the legally required clearances
Requests for documentation may be made at any time as deemed necessary by the District to ensure compliance with Pennsylvania law and District policy.
 
Upon request, the organization must provide the requested documentation within forty-eight (48) hours. Failure to provide requested documentation within the required timeframe may result in the denial, suspension, or revocation of facility use privileges.
 
In accordance with Pennsylvania State Police auditing guidelines, third-party organizations are responsible for ensuring that access to clearance documentation is strictly limited to authorized personnel with a legitimate need to review such records. Clearance information must be stored and handled in a manner consistent with applicable confidentiality and data protection requirements.
Volunteer vs. Paid Status
 
Clearance type depends on whether an individual is compensated for their services:
  • Unpaid individuals may obtain Volunteer clearances
  • Paid employees or contractors must obtain Employment clearances
Volunteer clearances cannot be used for paid positions. Clearance designation must correspond to the individual’s compensation status at the time services are provided.
Summary of Clearance Responsibilities
 
Category District Employees & Volunteers District-Contracted Service Providers Third-Party Organizations
Who ensures compliance? School District Contracting Company Organization
Who reviews clearances? School District School District (after submission by Contracting Company) Organization (District may request documentation for verification)
Who maintains records? School District Contracting Company Organization
Clearance Type Volunteer or Employment Employment Volunteer or Employment
Liability Coverage District Insurance Company Insurance Organization's Insurance
Additional Information
Questions regarding clearance requirements or facility use may be directed to the District Administration Office at 814-266-6063.
Questions regarding clearance requirements or facility use may be directed to the District Administration Office at:
814-266-6063.