PRINTER'S NO. 443
No. 395 Session of 2007
INTRODUCED BY WASHINGTON, COSTA, KITCHEN, GREENLEAF, ORIE,
MUSTO, STACK, STOUT AND TARTAGLIONE, MARCH 13, 2007
REFERRED TO EDUCATION, MARCH 13, 2007
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," providing for child abuse
6 identification training.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 1205.5. Child Abuse Identification Training
13 Program.--(a) A child abuse identification training program is
14 established to provide periodic training in child abuse
15 identification for covered employes of a school entity.
16 (b) (1) The Department of Public Welfare, in consultation
17 with the Department of Education, shall establish the program.
18 (2) The program shall include courses of training in child
19 abuse identification for covered employes of school entities and
1 may include, in the discretion of the department, additional
2 courses for the training of additional school employes who are
3 not covered employes. Such courses shall contain substantive
4 content for such child abuse identification training and shall
5 include a listing of suggested methods and media for conducting
6 the training.
7 (3) (i) The program shall require a school entity to
8 provide the covered employes with the opportunity to attend a
9 minimum number of hours of course training annually.
10 (ii) The program shall require a school entity to provide a
11 number of training courses for covered employes sufficient for
12 the covered employes to meet the requirements of subsection (d).
13 (4) The program shall contain a system of maintaining
14 records of training course completion by covered employes. The
15 guidelines shall include provisions for reporting by school
16 entities and approved providers of course completion. This
17 system shall provide for the notification to the Department of
18 Education.
19 (5) The program shall provide for the specialized training
20 of certain covered employes who, if they successfully complete
21 the specialized training, may subsequently conduct training
22 courses for other covered employes and other school entity
23 employes.
24 (c) (1) A school entity shall provide covered employes who
25 are employed by the school entity with child abuse
26 identification training under the program.
27 (2) A school entity may elect to offer a voluntary course in
28 child abuse identification training for those school entity
29 employes who are not covered employes.
30 (3) A school entity may determine the time and manner in
20070S0395B0443 - 2 -
1 providing the training courses to the covered employes and any
2 other school entity employes.
3 (4) Where the department has established training courses
4 for school entity employes other than covered employes, a school
5 entity may elect to offer such courses.
6 (d) (1) All covered employes shall complete the number of
7 hours of course training as herein specified:
8 (i) For covered employes who are employes of the school
9 entity on the effective date of this section:
10 (A) two (2) hours of course training within one year of the
11 effective date of this section; and
12 (B) a minimum of four (4) hours of course training for every
13 two-year period beginning on the second year following the
14 effective date of this section.
15 (ii) For covered employes who are employed by the school
16 entity after the effective date of this section:
17 (A) two (2) hours of course training within one year of the
18 date of employment of the covered employe; and
19 (B) a minimum of four (4) hours of course training for every
20 two-year period beginning on the second year following the date
21 of employment of the covered employe.
22 (2) Those covered employes who are professional educators
23 shall complete the course training as a condition to maintain
24 active certification. A maximum of two (2) hours every four
25 years shall be considered credited hours of continuing education
26 for the purposes of section 1205.2.
27 (e) As used in this section, the following words and phrases
28 shall have the meanings given to them in this subsection:
29 "Child abuse identification program" or "program" shall mean
30 the program for the training of certain school employes in the
20070S0395B0443 - 3 -
1 identification of suspected child abuse established under this
2 act.
3 "Covered employe" shall mean any employe of a school entity
4 who, as a mandatory child abuse reporter, is required to report
5 suspected child abuse pursuant to 23 Pa.C.S. § 6311 (relating to
6 persons required to report suspected child abuse), which
7 includes professional educators.
8 "Department" shall mean the Department of Public Welfare of
9 the Commonwealth.
10 "Department of Education" shall mean the Department of
11 Education of the Commonwealth.
12 "Professional educator" shall mean the same as the meaning
13 provided in section 1205.2.
14 "School entity" shall mean a school district, intermediate
15 unit, joint school district, area vocational-technical school,
16 charter school, Scotland School for Veterans' Children, Scranton
17 School for the Deaf or any of the above acting jointly.
18 "Training course" shall mean a course within the program
19 consisting of substantive content for employe instruction on
20 identifying suspected child abuse.
21 Section 2. Section 1732-A(a) of the act, amended June 29,
22 2002 (P.L.524, No.88), is amended to read:
23 Section 1732-A. Provisions Applicable to Charter Schools.--
24 (a) Charter schools shall be subject to the following:
25 Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
26 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753,
27 [755,] 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a),
28 1205.5, 1301, 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1330,
29 1332, 1303-A, 1513, 1517, 1518, 1521, 1523, 1531, 1547, 2014-A,
30 Article XIII-A and Article XIV.
20070S0395B0443 - 4 -
1 Act of July 17, 1961 (P.L.776, No.341), known as the
2 "Pennsylvania Fair Educational Opportunities Act."
3 Act of July 19, 1965 (P.L.215, No.116), entitled "An act
4 providing for the use of eye protective devices by persons
5 engaged in hazardous activities or exposed to known dangers in
6 schools, colleges and universities."
7 Section 4 of the act of January 25, 1966 (1965 P.L.1546,
8 No.541), entitled "An act providing scholarships and providing
9 funds to secure Federal funds for qualified students of the
10 Commonwealth of Pennsylvania who need financial assistance to
11 attend postsecondary institutions of higher learning, making an
12 appropriation, and providing for the administration of this
13 act."
14 Act of July 12, 1972 (P.L.765, No.181), entitled "An act
15 relating to drugs and alcohol and their abuse, providing for
16 projects and programs and grants to educational agencies, other
17 public or private agencies, institutions or organizations."
18 Act of December 15, 1986 (P.L.1595, No.175), known as the
19 "Antihazing Law."
20 * * *
21 Section 3. This act shall take effect in 60 days.
A5L24SFL/20070S0395B0443 - 5 -