HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, ERICKSON, WARD, BROWNE, FONTANA, SOLOBAY, RAFFERTY, MENSCH, BOSCOLA, WAUGH, FERLO, LEACH AND FARNESE, FEBRUARY 7, 2011

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2012   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for child abuse recognition

and reporting training.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1205.6.  Child Abuse Recognition and Reporting

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Training Program.--(a)  The Department of Public Welfare, in

consultation with the Department of Education, shall establish a

child abuse recognition and reporting program.

(b)  Pursuant to 23 Pa.C.S. Ch. 63 (relating to child

protective services), the Department of Public Welfare shall:

(1)  Administer the program to mandated reporters employed by

or under contract with a school entity.

(2)  Include training in child abuse recognition and

reporting requirements.

(3)  Provide opportunities to complete the training through

the Internet or other distance communication systems.

(c)  Individuals required to take the course under subsection

(b) shall complete a minimum of three (3) hours of training

every five (5) years.

(d)  Professional educators who complete the training

required in this section shall receive credit towards the

continuing professional education requirements under section

1205.2.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Professional educator" shall mean the same as that term is

defined in section 1205.2(o).

"School entity" shall mean a school district, intermediate

unit, joint school district, area vocational-technical school,

charter school, cyber charter school and private school.

Section 1205.6.  Child Abuse Recognition and Reporting

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Training.--(a)  School entities and independent contractors of

school entities shall provide their employes who have direct

contact with children with mandatory training on child abuse

recognition and reporting. The following apply:

(1)  Training shall address, but shall not be limited to, the

following topics:

(i)  Recognition of the signs of abuse and sexual misconduct

and reporting requirements for suspected abuse and sexual

misconduct in this Commonwealth.

(ii)  Provisions of the act of December 12, 1973 (P.L.397,

No.141), known as the "Professional Educator Discipline Act,"

including mandatory reporting requirements.

(iii)  The school entity's policies related to reporting of

suspected abuse and sexual misconduct.

(iv)  Maintenance of professional and appropriate

relationships with students.

(2)  School entities and independent contractors may provide

training through the Internet or other distance communications

systems.

(3)  Employes shall complete a minimum of three (3) hours of

training every five (5) years.

(4)  Employes required to undergo continuing professional

education under section 1205.2 shall receive credit toward their

continuing profession education requirements, if the training

program has been approved by the Department of Education in

consultation with the Department of Public Welfare.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Abuse."  Conduct that falls under the purview and reporting

requirements of 23 Pa.C.S. Ch. 63 (relating to child protective

services) and is directed toward or against a child or student,

regardless of the age of the child or student.

"Direct contact with children."  The possibility of care,

supervision, guidance or control of children or routine

interaction with children.

"School entity."  A public school, charter school, cyber

charter school, private school, nonpublic school, intermediate

unit or area vocational-technical school.

"Sexual misconduct."  Any act, including, but not limited to,

any verbal, nonverbal, written or electronic communication or

physical activity, directed toward or with a child or student

that is designed to establish a romantic or sexual relationship

with the child or student. Such acts include, but are not

limited to:

(1)  Sexual or romantic invitation.

(2)  Dating or soliciting dates.

(3)  Engaging in sexualized or romantic dialog.

(4)  Making sexually suggestive comments.

(5)  Self-disclosure or physical exposure of a sexual,

romantic or erotic nature.

(6)  Any sexual, indecent, romantic or erotic contact with

the child or student.

Section 2.  This act shall take effect in 180 days.