Within the Commonwealth of Pennsylvania, all public school employees, including teachers, custodians, bus drivers and others working in the proximity of children, must comply with background checks set forth in the Public School Code and are required to disclose “General Background Information” related to criminal history. When completing these forms for the first time, it is important to note that such disclosure can prevent a meaningful opportunity for certification and employment. These comprehensive reviews are required for any potential employees who will have direct contact with children and applies equally to new teachers as well as veteran employees.

Governed by the Public School Code of 1949, Act 168 of 2014 amended the guidelines public school employees must follow and required school employers to conduct new and more comprehensive background checks on those who will have direct contact with children. This includes the mandatory completion of Sexual Misconduct/Abuse Disclosure forms before any applicant will be hired for such a position. Further the law expanded the list of offenses, which result in a lifetime employment ban as well as created a tiered system of ten-year, five-year, and three-year employment bans for certain other criminal offenses. Although answering “yes” on these forms does not necessarily bar employment, it can negatively impact one’s career.

In addition to the requirements set forth in the Public School Code, there are two other disclosure requirements faced by individuals who want to become a public school teachers in Pennsylvania. They must submit a form titled “Standard Application for Teaching Positions in Pennsylvania Public Schools” and register online with the Pennsylvania Department of Education Teacher Information Management System (“TIMS”). In both cases, there are questions related to criminal history and applicants should be aware such disclosure may prevent certification and employment. Upon completion of the forms and applications, all answers are verified with police records, including a review of one’s Pennsylvania State Police Criminal History Record and Federal Criminal Record.

Pennsylvania public school employees face a range of possible negative outcomes if accused of a criminal offense – a number of which have a direct impact on their ability to work within the school system. This is true even if they were charged prior to entering the profession. For this reason, selecting the right criminal defense attorney is critical.

The attorneys at Neff & Sedacca have more than 30 years of criminal defense expertise and more than 25 years working with Pennsylvania State Education Association (PSEA). Led by senior partner Marc Neff, the team understands not only the criminal justice laws but the professional implications of related pleas and convictions.

Making the right choice

• Three decades of experience defending criminal cases
• Extensive knowledge of the Public School Code and related licensing requirements
• Thorough understanding of the disclosure and reporting requirements
• Well-versed in the lifetime and tiered employment ban consequences
• Effective communication with other counsel
• Firm understanding of the employee’s priorities
• Pennsylvania State Education Association approved criminal defense firm
• Experience in CYS litigation and BHA appeals

As part of guiding clients through the regulatory disclosures and criminal legal processes, the firm works with any and all other counsel who may be providing representation in the employment and licensure proceedings. This includes keeping all lines of communication open so that decisions can be made jointly and timely since criminal proceedings and the administrative/disciplinary matters can impact one another.

This same communication helps keep priorities in order. More often than not, the criminal case will be the most pressing and also will move more quickly. Therefore the criminal defense team tends to lead the way when such matters are in play. As a PSEA approved criminal defense firm for Criminal and ChildLine (CYS) cases, Neff & Sedacca works closely with the union and its leadership.

The firm provides an initial consultation at no cost to a public school employee facing criminal charges. Upon reviewing the claims against the accused and the case details, the team offers recommendations suitable to each set of unique circumstances.

While the implications of criminal accusations are ominous, many of these cases are ultimately never charged by law enforcement. There is a tendency towards over-reporting due to the sensitive nature of working in direct contact with children. For this reason and others, addressing the matter as expeditiously as possible can help resolve the issue without going into a courtroom.

Failure to Report Suspected Child Abuse or Failure to Satisfy a Reporting Obligation.

If you are a mandated reporter and find yourself faced with a criminal charge for failure to report, it is imperative that you acquire the services of a lawyer with the qualifications, experience, and reputation to properly defend these charges.

A conviction for failure to report is a serious criminal offense and could result in substantial penalties including incarceration, fines and loss of one’s teaching credentials.

Neff & Sedacca Criminal Defense Attorneys is a team of legal professionals with over 30 years of experience defending individuals and institutions charged with serious crimes. Our attorneys have represented hundreds of professionals employed by Pennsylvania’s educational system. Their experience in the field, coupled with their determination to fastidiously review each case and determine how to best limit or even prevent the damage to one’s personal and professional reputation is unmatched in the legal community.

Reporting laws are frequently amended. Pennsylvania has constantly made changes to child abuse and child abuse reporting laws. It is essential that you engage a professional on the cutting edge in his field, a person with the knowledge and experience to properly handle your matter.

Who are Mandatory Reporters?

Any school employee, whether or not a teacher, whether or not that person is paid by the school, who comes into direct contact with children, is mandated to report suspected child abuse.

In addition, any individual providing a regularly scheduled program or activity—whether or not it is sponsored by the school directly (e.g. youth groups, after school activities) has a responsibility to report.

What Must be Reported?

The list of alleged child abuse that mandates reporting is extensive. Reporting is mandated if the child is under 18 years of age. The alleged abuse must have occurred within the past two years. The alleged harm can be physical, mental, neglectful, or sexual in nature.

Child-on-child abuse, when the child inflicting damage is over 14 years of age and is either responsible for (e.g. babysitter), living with, or commits an act constituting rape or other sexual assault-type behavior, must be reported.

When Must Child Abuse Be Reported?

If you are a mandatory reporter and have reasonable cause for suspicion of child abuse, you must report. When faced with the decision of whether or not to report, it is best to seek legal counsel as soon as possible.

Recent amendments (December 2014) identify a number of situations as examples of what constitutes “reasonable cause to suspect” abuse:

• When a mandated reporter comes into contact with a child in the course of their job or service to children and witnesses or hears something that could be child abuse.
• When a person makes a specific disclosure to a mandated reporter that an identifiable child is the victim of abuse.
• When an individual 14 years of age or older makes a specific disclosure to a mandated reporter that an identifiable child is the victim of abuse.

Facing Criminal Charges Related to Failure to Report.

It is essential to engage the services of a highly qualified lawyer as soon as you become aware that you may be facing this type of charge. Early intervention by an experienced criminal defense attorney significantly improves your chances of minimizing negative consequences.