818.  CONTRACTED SERVICES - Pg.

818.  CONTRACTED SERVICES

1.        Purpose

2.   Definition

      SC 1205.6

In its effort to provide cost-effective programs, the Board may need to utilize contracted services. The district shall monitor and evaluate such services to assure their effectiveness. This policy is adopted to assist the Board in procuring and maintaining qualified and legally certified services.

Direct Contact with Children – the possibility of care, supervision, guidance or control of children or routine interaction with children.

3.        Authority

        SC 111

        23 Pa. C.S.A.         Sec. 6344

The Board is required by law to ensure that independent contractors and their employees comply with the mandatory background check requirements for criminal history and child abuse.

4.        Guidelines         SC 111.1

        

Independent contractors shall conduct an employment history review, in compliance with state law, prior to issuing an offer of employment to a candidate or prior to assignment of a current employee to perform work for the district.  Failure to accurately report required information shall subject the candidate or employee to discipline up to, and including, denial of employment or termination if already hired, and may subject the candidate or employee to civil and criminal penalties.  The independent contractor may use the information for the purpose of evaluating an applicant’s fitness to be hired or for continued employment of a current employee and may report the information as permitted by law.

      SC 111

      23 Pa. C.S.A.

      Sec. 6344

      SC 111, 111.1

      SC 111

      23 Pa. C.S.A.

      Sec. 6344.3

     

      SC 1205.6

      24 P.S.

      Sec. 2070.1a

             et seq

      Pol. 806

 

      SC 1205.6

Independent contractors and their employees shall not be employed until each has complied with the mandatory background check requirements for criminal history and child abuse and the district has evaluated the results of that screening process.

Independent contractors and their employees shall report, on the designated form, all arrests and convictions as specified on the form.  Independent contractors and their employees shall likewise report arrests and/or convictions that occur subsequent to initially submitting the form.  Failure to accurately report such arrests and convictions may subject the individual to denial of employment/contract, termination if already hired/contracted, and/or criminal prosecution.

All independent contractors shall adopt policies and procedures that require their employees, who are providing services to the district and who have direct contact with children, to notify the contractor, in writing, within seventy-two (72) hours of the occurrence, of an arrest or conviction required to be reported by law.  Employees shall also be required to report to the contractor, within seventy-two (72) hours of notification, that the employee has been listed as a perpetrator in the Statewide database, in accordance with the Child Protective Services Law.

If the contractor receives notice of such arrest or conviction notification that the employee has been listed as a perpetrator in the Statewide database, from either the employee or a third party, the contractor shall immediately report, in writing, that information to the school district.

Independent contractors shall provide their employees who have direct contact with children with mandatory training on child abuse recognition and reporting.  The training shall include, but not be limited to, the following topics:

  1.  Recognition of the signs of abuse and sexual misconduct and reporting

    requirements for suspected abuse and sexual misconduct.

  1.  Provisions of the Professional Educator Discipline Act, including

    mandatory reporting requirements

  1. District policy related to reporting of suspected abuse and sexual

    misconduct.

  1. Maintenance of professional and appropriate relationships with students.

Employees of independent contractors who have direct contact with children are required to complete a minimum of three (3) hours of training every five (5) years.

References:

School Code – 24 P.S. Sec. 111, 111.1

Child Abuse Recognition and Reporting Training – 24 P.S. Sec. 1205.6

Educator Discipline Act – 24 P.S. Sec. 2070.1a et seq.

State Board of Education Regulations – 22 PA Code Sec. 8.1 et seq.

Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.

Board Policy – 610, 806

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