As announced in a March 11, 2016 Penn*Link, Governor Tom Wolf has signed Act 4 into law. The law includes important amendments to Section 111 of the School Code concerning background checks that are intended to conform portions of that law with recent changes to the Child Protective Services Law (CPSL). It also allows education administrators to accept criminal history reports obtained for employment purposes from the Department of Human Services (DHS). Such reports can be used for compliance with Section 111 of the PA School Code as long as they are not more than sixty (60) months old. Applicants are also required to complete the form required by Section 111(j)(1) of the School Code (the PDE 6004 form) indicating they have not been disqualified from employment.

Although portability of background checks was authorized in both the PA School Code and the CPSL, it was necessary to receive guidance from the Federal Bureau of Investigation (FBI) before providing guidance to the field. According to this guidance it is permissible for a school to accept a copy from an applicant of a Criminal History Record Information (CHRI) report obtained for DHS purposes. DHS has provided all of its entities with written permission that they may accept copies of a CHRI report obtained for Pennsylvania Department of Education (PDE) purposes.

To view PDE’s guidance on background checks for employees and the details of the DHS criminal history reports, go to Background Check webpage.

For additional information, please contact PDE’s School Services Office at 717-783-3750 or via email at ra-pde-schoolservice@pa.gov.