that the common meaning of these terms be used, with child safety serving as the paramount consideration. If you determine that they do provide care, supervision, guidance or control of children, they need clearances. If, however, you determine that they do not provide care, supervision, guidance or control of children, you then move on to the second consideration; whether they have routine interaction with children. Routine interaction is defined as regular and repeated contact that is integral to a person’s employment responsibilities. Consideration should be given to what the empl oyee’s role is within the agency and based on that role determine if their contact with children is regular and repeated contact that is integral to their employment responsibilities.
If you determine that they do have direct contact with children, they need clearances. If a determination is made that the employee does not have direct contact with children, certifications are not required.
Please be sure to consult your legal counsel when making these determinations. You should also consult with your insurer regarding possible insurance coverage implications.
How is institution of higher education defined? An institution of higher education is defined as any of the following:
(1) A community college which is an institution now or hereafter created pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of 1963. (2) An independent institution of higher education which is an institution of higher education located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa.C.S. § 6505 (relating to power to confer degrees) and entitled to apply to itself the designation, “college " "university ” or "seminary ” as provided for by standards and qualifications prescribed by the State Board of Education under 24 Pa.C.S. Ch. 65.
(3) A State-owned institution. (4) A State-related institution. (5) An education enterprise.
How is education enterprise defined? Education enterprise is defined as an educational activity in this commonwealth: (1) For which college credits or continuing education units are awarded, continuing professional education is offered or tuition or fees are charged or collected; and (2) That is sponsored by a corporation, entity or institution that is incorporated or authorized by other means in a state other than this commonwealth and is approved and authorized to operate in this commonwealth under 15 PA.C.S. PT. II Subpt. B (relating to business corporations) or C (relating to nonprofit corporations) and 24 PA.C.S. Ch. 65 (relating to private colleges, universities and seminaries).
What is the definition of child? For purposes of certifications, a child is an individual under 18 years of age.
2 7/15/2015
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