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While laws and policies regarding criminal background checks for school volunteers are different for every state and school district, screening is fast becoming a prerequisite to volunteering at schools throughout the country. After determining the scope of background check suitable for each volunteer position, organizations should contact the state criminal history repository to find out whether the organization is a qualified entity” eligible for access under the Volunteers for Children's Act. The National Consortium for Justice Information and Statistics (SEARCH) issued The Report of the National Task Force on the Criminal Backgrounding of America which examines the growing demand for criminal background screening and lists the following reasons why employers and volunteer organizations conduct criminal background checks: Organizations may find a need to screen volunteers either as a supplement to or instead of state and FBI criminal history checks.
The primary methods for screening volunteers are checks through state and federal criminal records repositories and commercial background screening. Volunteers for Children Act of 1998 (VCA), (Public Law 105-251), amended the National Child Protection Act to allow volunteer organizations access to federal criminal record files, whether or not there was a state law. Rather than being required by law to conduct background checks, nonprofit organizations are more likely to have adopted an organization policy of screening volunteers.
For example, states may have laws that require background checks for employees and volunteers for activities the state regulates, such as schools and nursing homes. Laws that require volunteer screening generally specify only that the individual undergo a criminal history check, or a criminal history check plus a check of sex offender registries in the case of workers or volunteers involved with children. The Nevada Parent-Teacher Association has taken a stand against fingerprinting and background checks, maintaining that it hinders parents' involvement in the schools, and, further, that any problems could better be prevented by ensuring that volunteers are not left alone with children.
Organizations should first adopt written policies for screening volunteers as well as written privacy and data security policies. As discussed in Part 4 of this guide, the Volunteers for Children's Act allows criminal history screening through official state repositories and the FBI's database. In addition, the National Child Protection Act, amended by the Volunteers for Children's Act (NCPA/VCA), allows state agencies to gain access to the FBI database for purposes of screening volunteers.
In addition to these federal statutes, laws in a number of states require background checks for volunteers who work with children. This guide seeks to explore the expanding world of volunteer screening, identify relevant laws as well as fundamental privacy protections, and offer suggestions for organizations and volunteers. Nevada legislators are seeking to make changes to a 2017 law that required background checks for regular volunteers at public schools.
By enabling volunteers to order, manage and share their background checks via a secure online platform, we create a community of vetted volunteers and help nonprofit organizations save time and money. Verified Volunteers helps nonprofit organizations gain confidence in the volunteers working with those they serve by delivering thorough, compliant background checks. For more thorough background checks, Verified Volunteers advises schools to:
Many school officials, particularly those who have been through the fallout of a pedophile arrest in their town or in a nearby school, say they see background checks for volunteers as an important precaution, just like the legally required screening of teachers and other employees. Many commercial companies that perform employee screening have established programs specifically for nonprofit organizations seeking to check volunteers. The state agency then forwards the request to the FBI if the agency determines the organization is a qualified entity.” In addition to covering organizations whose volunteers work with children, this law covers businesses or organizations that provide care, treatment, education, training, instruction, supervision or recreation for the elderly and individuals with disabilities.
Privacy and security of personal information are common objections volunteers have to background screening. The FBI Criminal History Background Check is NOT required if the volunteer has been a resident of Pennsylvania for the past ten years and swears or affirms that they have not been convicted of a prohibited offense listed in existing law or a similar offense in another jurisdiction. More Schools Make Background Checks a Prerequisite to Volunteering.
Verified Volunteers Offers Background Check Best Practices For Schools. For volunteers who are approved by school administration for Level 3 participation, there is no cost to the volunteer for processing a criminal background check, except for volunteer chaperones attending overnight field trips for two or more consecutive nights.
http://webb.nmu.edu/Webb/ArchivedHTML/UPCED/mentoring/docs/VolunteerScreeningPractices.pdf
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