ange020 - to reply to your question about cross referencing your list, here's what I've found:

1) You MUST keep a list of volunteers that may volunteer - PTO manager is a great way to do this.

2) You MUST keep a list of volunteers that have background checks on file - this list is kept at our school. Ask the person to keep this list up to date.

3) You MUST cross reference those lists and email/call those that DO NOT have current checks on file. If you do not do this - WORD WILL SPREAD and NO ONE will get checks and they'll tell others they do not have to and you will look bad in their eyes asking for things and not following up on it.

4) I have found it very difficult to get my school on board with submitting all volunteers to the volunteer coordinator so she can verify they have a background check on file and have signed the code of ethics (another form we require at our school due to past problems). Are there volunteers that volunteer in our school without a background check and signed form? YES. Do we go up to them and tell them to go home, NO. You check with your principal and ask him/her to establish the rules for the school and ask for his/her help in enforcing them. If you are not on the same page you stand a chance of looking like neither of you know what you're doing.

This comes from the voice of experience. We have asked those that do not have a background check on file to fill out the paperwork and have told them they can volunteer unless they hear back from us.

This has been a tough topic in our school for the last two years. You don't worry about it until something happens and we had something happen in our school district. It's sad that it takes something scary to happen before people realize you are just trying to keep their children safe.

GOOD LUCK TO YOU ang
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[ 09-28-2005, 08:48 AM: Message edited by: Logthosehours ]

The bill that logthosehours refers to is a Federal law signed by Clinton. I'm no lawyer, but everything I've read seems to say that all that bill did was give organizations that work with children the ability to access national criminal records , such as FBI fingerprints--previously, you couldn't easily get access to those national records, depending on which state in which you were located. I cannot find anything that says it put into place any requirement that national fingerprinting checks be done.

Since the time that was passed, some states have passed specific legislation requiring fingerprint checks and other criminal background checks for certain organizations; I don't know if the Massachusetts legislation cited earlier is a result of the 1998 Act or not.

Anyway, any liability for failure to conduct background checks is probably due to individual state laws, not this 1998 Volunteers for Children Act.

See more info here: www.fbifingerprintchecks.com/vfca.html
and here:
www.prevent-abuse-now.com/who.htm

funny this topic is coming up tonight...

I live in MA and just this afternoon, our principal said everyone who volunteers for PTO and interact with students must have one.

Well we have three weeks until our Jog-A-Thon which has a good 100 volunteers, through out the 4-5 days, and yes everyone of them needs to get one.

We have our Open House tomorrow and I just made up a poster and sent a mass email to tell everyone to go to the office and fill one out.

Here's my question.. When these parents start showing up the day of the Jog-A-thon, who will check if they did their CORI check? And then if not turn them away? you know you'll get a parents who says I didn't know.
what a can of worms....

www.doe.mass.edu/lawsregs/advisory/cori.html

In Massachusetts, it is law that all people working with kids ( volunteers included) must have a CORI check ( criminal record check).

For those in mass, the link is above, and an excerpt below:

Overview of the New CORI Law
Chapter 385 of the Acts of 2002, An Act Further Protecting Children, was enacted into law on November 27, 2002. The purpose of this advisory, prepared by the Department of Education in cooperation with the Criminal History Systems Board (CHSB), is to inform all public and private schools1 about this new law and its requirements, and to present certain issues that must be considered by schools as they work to comply with the law, which takes effect on February 25, 2003. A copy of Chapter 385 is available for your reference at www.state.ma.us/legis/laws/seslaw02/sl020385.htm.

Section 2 of Chapter 385 amends M.G.L. c. 71, § 38R to require that all schools conduct criminal background checks on current and prospective employees, volunteers, school transportation providers,2 and others who may have direct and unmonitored contact with children. Criminal offender record information ("CORI") must be obtained from the Criminal History Systems Board (CHSB) - the state agency authorized to provide CORI to certified agencies - at least every three (3) years during an individual's term of employment or service. In addition, schools may perform CORI checks on subcontractors or laborers commissioned to do work on school grounds who may have direct and unmonitored contact with children.

M.G.L. c. 6, § 172I also requires schools obtain CORI data of employees of taxicab companies that have contracted with the schools to provide transportation to pupils pursuant to M.G.L. c. 71, § 7A. Contracting taxicab companies are required to submit the names of employees who may have direct and unmonitored contact with pupils to the appropriate school committee or school superintendent prior to transporting any pupil.

We don't do checks, but I would be interested in knowing more about the legislation you are referring to - it's the first I've heard of it specifically.

I hate to go here, because I know there is such a great debate about this topic, but I have to. Has anyone reviewed (with legal assistance) the actual liability of an organization under the 1998 volunteers for children act? I am not trying to start a you should/shouldn't do background checks war, this is a plea for help regarding liability under the law. Thanks in advance for any assistance. :confused: