Legal Focus

Archive by tag: Background CheckReturn

Act 24 Lifetime Ban - Evlauating Criminal History When Hiring

School bus contractors and school districts are all familiar with the disqulifying offenses listed in 24 P.S. §1-111€ and know that the words of the statute appear to apply a lifetime ban from employment for individuals who have ever been conficted of "enumerated offenses". But, many are not aware that subsequesnt court decisions and guideance published by the Pennsylvania Department of Education now allows for discretion when considering criminal acts from many, many years ago...
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Disqualifying Events for School Bus Drivers

The PA Public School Code 24 P.S. §111-1 requires background checks for employees and independent contractors employed by public and private schools, intermediate units and area vocational-technical schools. The list of disqualifying criminal offenses includes twenty-six criminal violations with no limit on the lookback period. This article discusses the existing state law and proposed federal legislation regarding DUI convictions that also have an unlimited lookback period.
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Disqualifying Events for School Bus Drivers

In September 2017, Rep. Grace Meng (D-NY) introduced H.R.3703, the No School Bus Drivers with DUIs Act, aimed at prohibiting state and local education agencies from hiring school bus drivers who have been previously convicted of a DUI. This bill stems from recent national news stories reporting on isolated incidents of poor background check protocols. The NSTA and related trade associations responded earlier this year to news reports circulated by CBS News alleging poor search practices, and ref...
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Are your DQ Files Audit Ready?

While a school bus operation can be audited by many regulatory agencies in regards to their employee files, Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA), OSHA, EEOC, Department of Education (DPE), Department of Labor (DOL), and Department of Human Services (DHS), just to name a few; we are going to concentrate on the two major entities as it relates to school bus operations in this article, DOT and DPE. A driver’s qualification file review from DOT an...
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9/16/2015| Reference Number : 62.0| Human Resources | Background checks, Driver Qualification |

HB 1276 (2015 Act 15) CPSL Curative Amendment Passed

On July 1, 2015 House Bill 1276 was passed and signed into law as Act 15 of 2015 updating the Child Protective Services Law (CPSL) regarding the timing and portability of background checks for employees who have direct contact with children. This amendment to the CPSL makes important changes to coordinate with Pennsylvania’s Public School Code of 1949.
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Volunteer Background Clearances Required by HB 435/Act 153

On October 22, 2014 Governor Corbett signed HB 435 of 2103, as amended, into law as Act153. This amendment to Pennsylvania’s Child Protective Services Law, 23 Pa.C.S. § 6301, et seq, (CPSL) expands background clearance requirements to include volunteers who will have contact with children (among other changes applicable to adoptive/ foster parents). Volunteer clearances are required by July 15, 2015 but the new law does not explicitly define the “employers, administrators, supervisors, or o...
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12/2/2014| Reference Number : 48.0| Human Resources | Background checks |

Pennsylvania Background Check Updates

In 2011, changes to 24 P.S. § 1-111 (Act 24) were passed tightening the state’s qualifications for certain employees working with or around children by expanding the list of disqualifying offenses and by making those convictions a lifetime ban as opposed to a short term (five year) restriction. Since that time the Commonwealth Court of Pennsylvania has issued several opinions holding that the modified statute was “unconstitutional as applied” in several cases but has not held that the words o...
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8/2/2013| Reference Number : 25.0| Human Resources | Background checks |
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