PRIOR PRINTER'S NO. 2396 PRINTER'S NO. 2743
No. 1841 Session of 1985
INTRODUCED BY BURNS, SWEET AND PICCOLA, OCTOBER 23, 1985
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 27, 1986
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for background
6 checks of prospective employees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 111(e) and (h) of the act of March 10,
10 1949 (P.L.30, No.14), known as the Public School Code of 1949,
11 added July 1, 1985 (P.L.129, No.34), are amended and the section
12 is amended by adding a subsection to read:
13 Section 111. Background Checks of Prospective Employes.--
14 * * *
15 (e) No person subject to this act shall be employed in a
16 public or private school, intermediate unit [or], area
17 vocational-technical school or as an employe of an independent
18 contractor when the employe has direct contact with children,
19 where the report of criminal history record information
1 indicates the applicant has been convicted, within five (5)
2 years immediately preceding the date of the report, of one or
3 more of the following offenses under Title 18 of the
4 Pennsylvania Consolidated Statutes:
5 Chapter 25 (relating to criminal homicide).
6 Section 2702 (relating to aggravated assault).
7 Section 2901 (relating to kidnapping).
8 Section 2902 (relating to unlawful restraint).
9 Section 3121 (relating to rape).
10 Section 3122 (relating to statutory rape).
11 Section 3123 (relating to involuntary deviate sexual
12 intercourse).
13 Section 3126 (relating to indecent assault).
14 Section 3127 (relating to indecent exposure).
15 Section 4303 (relating to concealing death of child born
16 out of wedlock).
17 Section 4304 (relating to endangering welfare of
18 children).
19 Section 4305 (relating to dealing in infant children).
20 A felony offense under section 5902(b) (relating to
21 prostitution and related offenses).
22 Section 5903(c) or (d) (relating to obscene and other
23 sexual materials).
24 Section 6301 (relating to corruption of minors).
25 Section 6312 (relating to sexual abuse of children).
26 * * *
27 (h) No person employed in a public or private school on the
28 effective date of this section shall be required to obtain the
29 information required herein as a condition of continued
30 employment. Any person who has once obtained the information
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1 required under this section may transfer to another school in
2 the same district or established and supervised by the same
3 organization and shall not be required to obtain additional
4 reports before making such transfer. This subsection shall not
5 apply to NONPROFESSIONAL EMPLOYES OF SCHOOL DISTRICTS, AREA <--
6 VOCATIONAL-TECHNICAL SCHOOLS AND INTERMEDIATE UNITS OR TO
7 independent contractors and their employes when the employe has
8 direct contact with children. The affected employes of SCHOOL <--
9 DISTRICTS, AREA VOCATIONAL-TECHNICAL SCHOOLS AND INTERMEDIATE
10 UNITS AND OF private contractors shall have one hundred twenty <--
11 (120) days ONE (1) YEAR from the effective date of this <--
12 AMENDATORY act to provide the required reports to their <--
13 employer.
14 (i) Any administrator or other person responsible for
15 employment decisions in a school or other institution shall not
16 be liable to any applicant or employe, nor to any independent
17 contractor or its employes, for civil damages as a result of any
18 negligent statements, acts or omissions undertaken in good faith
19 for the purposes set forth in this section.
20 Section 2. This act shall take effect January 1, 1986.
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