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Frequently Asked Questions
Americorps Program Administration FAQ
- Can a member transfer to another program?
- Can an Americorps member be a member of the Virginia Credit Union?
- Is an Americorps member entitled to unemployment benefits?
- Can the educational voucher be used for vocational technical schools?
- What education document is required?
- How long must AmeriCorps programs retain records?
- What is the Corporation policy on members' enrollment in WBRS?
- What is the definition of third-party vendor for criminal history check?
- Is there a list of third-party vendors already approved by the Corporation?
- What guidance can the Corporation provide for working with third-party vendors for criminal history checks?
- Is it necessary to get the Corporation’s approval to use a third-party vendor?
- If my AmeriCorps members are serving as teachers, may I rely upon a school system’s background checks?
Question: Can a member transfer to another program?
Answer: The Program Director’s Handbook (2002-2003), page 94 specifically provides that "With the [specified] restrictions a commission…may grant permission to transfer a member to another AmeriCorps State or AmeriCorps National program. Note that members may not transfer across different streams of service." In addition, the applicable policy states that "Should a program not be renewed, members who were scheduled to continue their term of service should be placed in another program if at all feasible, or they can receive a pro-rated education award if they have completed at least 15 percent of the necessary hours."
As noted in the restrictions, "the member must apply to and be accepted to [the other] program, which must have an available slot in the incoming class (this means the program is able to provide a full term of member support costs and an education award)." Please note carefully the additional restrictions provided on page 94. Provided there are no prohibitions noted in the restrictions, and all prerequisites have been satisfied, it appears proper steps can be taken to enroll the candidate in WBRS.
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Question: Can an Americorps member be a member of the Virginia Credit Union?
Answer: If the individual is paid by a local or state governmental entity, the member qualifies for membership in the Virginia Credit Union (VACU). Family membership would also qualify for membership inclusion.
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Question: Is an Americorps member entitled to unemployment benefits?
Answer: Americorps members are NOT entitled to unemployment. They are NOT considered employees for the purpose of receiving unemployment compensation. Pursuant to the AmeriCorps Provisions, Section B.11.d.iv. (page 25) "The U.S. Department of Labor ruled on April 20, 1995 that federal unemployment compensation law does not require coverage for members because no employer-employee relationship exists."
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Question: Can the educational voucher be used for vocational technical schools?
Answer: The educational voucher can be used for vocational tech schools. However, one has to check with the Corporation and/or U. S. Department of Education to verify if the vocational school is a "qualified institution of higher education" that has a Title IV Program Participation Agreement with the U. S. Department of Education.
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Question: What education document is required?
Answer: AmeriCorps Provisions, Section B.14.b, specifically note that "To verify whether the member meets the requirement relating to high-school education, the Grantee must obtain from the member, and maintain in the member's file, a written declaration (emphasis added) under penalty of law that the member meets the requirements of these provisions relating to high school education."
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Question: How long must AmeriCorps programs retain records?
Answer: All records MUST be maintained for a minimum of three years after the end of a program. These records should include, but are not limited to, member and financial documentation.
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Question: What is the Corporation policy on members' enrollment in WBRS?
Answer: You may not replace a member who leaves service before completing a full term unless the member who leaves was not enrolled in the National Service Trust (e.g., a third term member). This provision applies regardless of whether the member leaves service with a pro-rated education award or without an education award.
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Question: What is the definition of third-party vendor for criminal history check?
Answer: A third-party vendor is usually a for-profit organization or business that conducts background checks or a range of background check services for a fee for other organizations. When a National Service Criminal History Check is not directly performed by a grantee, subgrantee, placement site, volunteer station or other partner responsible for the oversight and management of AmeriCorps members, we consider that a third-party vendor criminal history check.
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Question: Is there a list of third-party vendors already approved by the Corporation?
Answer: No. The Corporation does not anticipate approving or endorsing specific background check vendors. In addition to the legal issues that might rise from a government agency approving vendors, the Corporation believes attempting to maintain vendor approvals given that services offered can change rapidly is not feasible.
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Question: What guidance can the Corporation provide for working with third-party vendors for criminal history checks?
Answer: Grantees who would like to use a third-party vendor should ensure that the vendor:
• is familiar with the Corporation’s regulations;
• performs the two components of the required checks [ National Sex Offender Public Registry check (NSOPR) and the State criminal registry searches];
• follows the procedures described in the regulations, including allowing the grantee and the Corporation access to the records; and,
• makes a clear commitment under contract to perform specific services that would meet the Corporation’s requirements.
We strongly advise grantees to ensure that they differentiate between a vendor’s marketing information which may be general and non-specific, versus the vendor’s specific commitment to perform a background check process. Some vendors indicate they conduct national searches, but those national searches are not conducted by reviewing each state’s criminal registry repository and, therefore, do not meet the Corporation’s requirements.
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Question: Is it necessary to get the Corporation’s approval to use a third-party vendor?
Answer: It depends. Using a vendor that meets the regulatory requirements, and provides the required records to the grantee does not need the Corporation’s approval. Using a vendor that does not follow all of the Corporation’s regulations requires advance approval as an “alternate search protocol” (ASP). The same advance ASP approval is necessary if a grantee, subgrantee, placement site, volunteer station or other partner is not following all of the regulation’s requirements when they directly perform the background checks.
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Question: If my AmeriCorps members are serving as teachers, may I rely upon a school system’s background checks?
Answer: Relying upon a school system to perform background checks requires the Corporation’s approval of an alternate search protocol. Grantees may assume that the Corporation will approve any public school system’s process as an ASP if the school system follows its state and local governmental regulations. While the Corporation does not need detailed information on the public school system’s processes, the grantee must commit to ensuring that the schools follow their own procedures. A request to use a non-public school system’s background check process is evaluated based on how the activities are performed.
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