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statement of agreement to observe the discipline policy, and guidelines for reporting suspected child abuse, neglect, and sexual abuse. Maintaining results of staff member’s pre-employment physical examinations, annual physical examinations, and immunizations are necessary to ensure children’s health and safety.

Section 131.4 also addresses the records a facility should maintain for each volunteer, which includes standard identifying information, job description, and results of a comprehensive background check. One commenter recommended that phrase “who work directly with children on an on-going basis” should be added to § 131.4 to clarify which volunteers were required to provide such information. Another commenter sought clarification as to how the State Superintendent defined one who volunteers on an “on-going basis” in § 131.5. Both comments are addressed in the discussion of Section 138: Volunteers and Aides below.

F. Staffing

Sections 132 through 136 address staff members’ suitability for employment in a child development facility, including criminal background checks, traffic record checks, and drug and alcohol testing provisions. The State Superintendent received a number of comments in these sections, which will be addressed below.

First, one commenter suggested that the language in § 132.1 was offensive to the child care community. OSSE amended the language by striking “suitable” and “of moral character and dedication.” This amendment did not change the intent of § 132.1 but rather removes ambiguous and potentially offensive language.

Criminal Background Checks Section 133 sets forth the requirements for criminal background checks of all staff members. The CCDBG Act, and its implementing regulations, requires all child care staff members (including prospective staff members) of all licensed, regulated, or registered child care providers to have a comprehensive background check, unless they are related to all children in their care. The CCDBG Act set forth this requirement based on the belief that “all parents, regardless of whether they receive CCDF assistance, deserve this basic protection of knowing that those individuals who have access to their children do not have prior records of behavior that could endanger their children.”

In the proposed rulemaking, § 132.2 provided that for Sections 132 to 139, a staff member shall include Center Directors, Teachers, Assistant Teachers, Caregivers, and Volunteers. In the final rulemaking, OSSE has deleted this provision to avoid confusion as “staff members” is defined in § 199 and “staff members” required to submit to criminal background checks were described in § 133.1. However, OSSE did amend §133.1 to strike “section” and insert in its place “Sections 133 and 135” to clarify that §135: Results and Appeals applied to individuals required to submit to criminal background checks in § 133.

One commenter asked whether the criminal background check requirement for any individual residing in a child development home or expanded home in § 133.2 extends to college students who may not be present during the hours of operations. The CCDBG Act, and its implementing