Since late last year, Pennsylvania school districts and volunteer organizations have been scrambling to prepare for the new regulations on clearances that will impact employees and volunteers who work with children starting today.
Act 153, which was passed last November in response to the Jerry Sandusky sex abuse scandal, requires a number of new or expanded measures to ensure that those who have working relationships with children have passed state and federal criminal and child abuse clearances.
“We didn’t have a lot of notice. It came through in November 2014, when everyone’s clearances were expiring. We had to put together a database to make sure we are being compliant with the new laws,” said Steve Katch, Boyertown Area School District’s chief human resources officer.
It is one of 23 pieces of new child protective services laws that change how the state responds to child abuse, according to the advocacy group KeepKidsSafe.PA.gov
“I can really only speak to my intent on the legislation,” said state Rep. Todd Stephens, R-151st Dist., a co-sponsor of the bill. “The goal is to make sure that anyone who is having significant involvement with children to be subject to the background check.”
Those who have interaction with children through their jobs or volunteer positions are required to obtain a state criminal background check and a child abuse clearance. The law also requires a federal clearance that involves fingerprinting for those who have not lived in Pennsylvania for the past 10 consecutive years.
Mike Crossey, Pennsylvania State Education Association president, said the impact of the new law is far-reaching.
“We understand these new rules are complicated, and we’ve told policymakers about concerns,” he said. “But this is the law, and it’s very important that all of our members follow it. We’re committed to doing everything we can to make following the rules as easy as possible.”
And then there’s the cost.Although Gov. Tom Wolf earlier this month waived the $20 in fees for a child abuse clearance and state police criminal background check required by the Child Protective Services Law for volunteers who work with children, (effective July 25), the $27.50 FBI clearance fee remains.
“Gov. Wolf backed off on the cost demand, I think the constituents got back to him and said, ‘hey these grandparents and parents are charged X amount of dollars’,” said William Shirk, assistant superintendent for Pottsgrove School District. “I think that is a good move on his part. It takes place July 25, so we’re recommending any volunteers don’t move forward with their clearances until July 25.”
Many non-profit organizations that had paid the fees for volunteers are now changing their policy to shift the burden to volunteers. One of them is the YMCA of Greater Brandywine, which utilizes more than 3,000 volunteers.
“We have had to add staff hours and process volunteer clearances,” said Shannon Maroney-Garrett, vice president of human relations. “When you add hours of staff time you add expense, and when you add expense, it impacts our ability to serve the community. From that aspect, we’re not excited about (the new law).”
Kennett Consolidated School District Superintendent Barry Tomasetti said volunteers have had a positive impact on programs like Together for Education, Big Brothers, Big Sisters, Chester County Futures and After the Bell. Those programs may struggle with the added clearances.
“The greatest impact has been with parents who help us with single-day activities such as field trips, school fairs and After Prom activities,” Tomasetti said. “Some (volunteers) have declined due to the time it takes to access facilities that provide the way to secure clearances.”
At the Boyertown Area School District, administration already had in place a fairly strict policy on clearances for employees and volunteers, Katch said.
Still, the district has had to make changes to help volunteers adhere to the regulations. The district administration offices will now offer fingerprinting services, so volunteers are saved the trip to Reading or Philadelphia every three years.
According to Katch, the administration will also get hit with a bit of red tape syndrome.
“I estimate over 4,500 new pieces of paper my office will have to review,” he said.
Shirk said that building and district administrators have spent countless hours to make sure the schools would all be in compliance with the regulations.
Pottsgrove School District had to create a database for all of the schools, so that when a parent moves to a new school with his or her children, the clearances go with them.
“I think, initially, it’s one of those unfunded mandates. Our office, human resources, myself, secretaries within the district office had to organize and make sure people are up to date on the website. We’ve had meetings with PTAs along the way,” Shirk said. “I think we did a really good job here at Pottsgrove to do our due diligence.”
While legislators overwhelmingly backed the bill, there is still concern with the clarity of some of the language. Stephens said he has scheduled forums across the state to communicate who needs the clearances and who does not.
Rep. Stephens has held forums to help clarify the ramifications of the law.
“I think that there’s some organizations that are deciding on their own to require every volunteer to obtain a background check first,” he said. “Its’ certainly within their right, but not something that is required. But some members are calling legislators’ offices and asking ‘Why did you require this?’ when we did not.”
In the days leading up to the July 1 implementation, legislators were still making last minute adjustments to the bill.
“The changes we made are changing again,” Stephens said.
Not all of the changes have been met with the same enthusiasm as the original bill.
State Rep. David Maloney, R-130th Dist., wrote a letter to the editor condemning an amendment that exempts state universities, including Penn State, where Sandusky worked, from the clearances.
“After we passed a bill making all state clearances free for volunteers in our communities who give their time, energy and resources to our youth leagues, scouts, church groups, etc., the House saw fit to include one amendment exempting from such background checks the very state university where the monster who preyed on children wreaked such pain and anguish, and inflicted a black eye on our state,” Maloney wrote.
The new regulations have also expanded the number of workers in various fields who are mandated to report suspected child abuse, which has had consequences reaching beyond school districts. Another one of the pieces of legislation aimed at protecting children, Act 31, adds various occupations to the list of mandated reporters.
At the June 11 meeting, the Berks County Board of Commissioners voted to add employees to the county’s Child and Youth Services department because of the expansion.
“Children and Youth Services, and the addition to the head count, is a classic illustration of amendment of laws at state levels having an impact on the counties that are charged with enforcing the laws, at a considerable cost,” said Commissioner Mark Scott.
He added, however, that he was not opposed to the new regulations.
“I was told is that the definitions are becoming more akin to the definitions in other states, that Pennsylvania’s child abuse laws were more lenient, less strict, left more wiggle room than other states,” Scott said.
Shirk said he also supports the regulations despite the headaches that come with implementing them.
“Being an educator for 30 years, coming through the ranks as a teacher and then a building administrator and then to the district office, the added level of protection for a child, you can’t put a price tag on that,” he said. “That is something you can’t quantify. It definitely worth it for the safety of our children.”
Reporter Fran Maye of The Daily Local News in West Chester contributed to this story.
