Definition and Meaning of Act 168
Act 168, officially titled the Employment History Review, is a regulatory framework established under the Pennsylvania Public School Code of 1949. It mandates a thorough review process for potential school employees who have direct contact with children. This legislation was enacted in 2014 to enhance the safety of students by ensuring that individuals with a history of sexual misconduct or abuse are not employed in positions where they would have unsupervised access to children.
Importance of Compliance
- Objectives: Act 168 aims to protect children from individuals who may pose a risk due to previous misconduct.
- Scope: Covers all applicants seeking employment in public and private school settings or with independent contractors handling educational services.
- Impact: Helps school entities make informed decisions, potentially preventing hiring individuals with checkered pasts.
Steps to Complete the Act 168 Form
Completing Act 168 involves multiple structured steps to ensure accuracy and compliance. Here is a detailed breakdown of the process:
Applicant's Responsibility
- Provide Personal Information: Start by entering your full name, current address, and any other identifying details accurately on the form.
- Employment History: List all previous employment positions involving contact with children, specifying the names of all relevant employers.
- Conduct Disclosure: Indicate any past investigations or allegations concerning sexual misconduct or abuse.
Employer's Duties
- Verification: Employers must verify the applicant's provided information, focusing on past allegations or disciplinary actions.
- Respond to Inquiries: Former employers are legally obliged under Act 168 to respond truthfully to inquiries about applicants, especially regarding any misconduct.
Final Submission
- Authorization: Applicants must authorize past and current employers to disclose necessary information.
- Consent: Sign the completed form to legally consent to the release of information.
Who Typically Uses Act 168
Act 168 applies to multiple stakeholders in the education sector, each with specific roles:
School Entities
- HR Departments: Responsible for processing Act 168 forms to ensure candidate suitability.
- Principals and Administrators: Engaged in final hiring decisions based on disclosures indicated by Act 168 responses.
Independent Contractors
- Bus Drivers, Tutors, etc.: Any entity providing services requiring unsupervised child interaction must comply.
Key Elements of Act 168
The form contains several critical sections that capture comprehensive applicant information:
Personal Data
- Full Name and Address: Vital for applicant identification.
Employment History
- Past Employers: Details of all employers in positions involving children must be included.
Misconduct Disclosure
- Allegation Details: Applicants must disclose any previous allegations, providing context and outcomes.
Legal Use of Act 168
This form enforces legal liability and standards in accordance with Pennsylvania education laws.
Legal Implications
- Truthfulness Requirement: False information can result in penalties for both applicant and employer.
- Employer Obligations: Employers are legally bound to provide accurate disclosures, promoting transparency during the hiring process.
Why Should You Use Act 168
Using Act 168 offers substantial benefits in the educational hiring process:
Ensuring Safety
- Student Protection: Prioritizes student safety by preventing potential threats from entering school environments.
Legal Compliance
- Adhering to Regulations: Ensures compliance with state laws and avoids potential legal ramifications.
Examples of Using Act 168
Act 168 has been effectively utilized in a variety of real-world scenarios:
Public Schools
- Background Checks: Aid public schools in executing due diligence prior to hiring teachers or staff.
Independent Agencies
- Service Providers: Helps agencies screen individuals employed for educational services like transportation or counseling.
State-Specific Rules for Act 168
Certain nuances and exceptions exist in the context of Act 168's application:
Pennsylvania-Specific
- Mandatory for Educational Employers: The legislation is obligatory for all educational entities within Pennsylvania.
Cross-State Considerations
- Non-Resident Applicants: Those from other states must disclose out-of-state employment history related to children under Pennsylvania's jurisdiction.
