1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for establishment of pending
4complaint file, Statewide central register and file of
5unfounded reports, for continuous availability of department,
6for disposition of complaints received, for information in
7pending complaint and unfounded report files, for information
8in Statewide central register, for disposition of unfounded
9reports, for disposition of founded and indicated reports,
10for release of information in confidential reports, for
11amendment or expunction of information, for information 
12relating to prospective child-care personnel, for information 
13relating to family day-care home residents, for information 
14relating to other persons having contact with children, for 
15cooperation of other agencies and for reports to Governor and 
16General Assembly; and repealing provisions relating to 
17students in public and private schools and for background 
18checks for employment in schools.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. The definitions of "child-care services,"
22"founded report for school employee," "indicated report for
23school employee," "person responsible for the child's welfare,"
24"school employee," "student" and "subject of the report" in
25section 6303(a) of Title 23 of the Pennsylvania Consolidated

1Statutes are amended and the subsection is amended by adding
2definitions to read:

3§ 6303. Definitions.

4(a) General rule.--The following words and phrases when used
5in this chapter shall have the meanings given to them in this
6section unless the context clearly indicates otherwise:

7* * *

8"Child-care services." Child day-care centers, group and
9family day-care homes, foster homes, adoptive parents, boarding
10homes for children, juvenile detention center services or
11programs for delinquent or dependent children; mental health,
12mental retardation, early intervention and drug and alcohol
13services for children; and other child-care services which are
14provided by or subject to approval, licensure, registration or
15certification by the Department of Public Welfare or a county
16social services agency or which are provided pursuant to a
17contract with these departments or a county social services
18agency. [The term does not include such services or programs
19which may be offered by public and private schools, intermediate
20units or area vocational-technical schools.]

21* * *

22["Founded report for school employee." A report under
23Subchapter C.1 (relating to students in public and private
24schools) if there has been any judicial adjudication based on a
25finding that the victim has suffered serious bodily injury or
26sexual abuse or exploitation, including the entry of a plea of
27guilty or nolo contendere or a finding of guilt to a criminal
28charge involving the same factual circumstances involved in the
29allegations of the report.]

30* * *

1["Indicated report for school employee." A report made under
2Subchapter C.1 (relating to students in public and private
3schools) if an investigation by the county agency determines
4that substantial evidence of serious bodily injury or sexual
5abuse or exploitation exists based on any of the following:

6(1) Available medical evidence.

7(2) The county agency's investigation.

8(3) An admission of the acts of abuse by the school
9employee.]

10* * *

11"Person responsible for the child's welfare." A person who
12provides permanent or temporary care, supervision, mental health
13diagnosis or treatment, training or control of a child in lieu
14of parental care, supervision and control. [The term does not
15include a person who is employed by or provides services or
16programs in any public or private school, intermediate unit or
17area vocational-technical school.]

18* * *

19"Program, activity or service." A public or private
20educational, athletic or other pursuit in which children
21participate. The term includes, but is not limited to, the
22following:

23(1) A youth camp or program.

24(2) A recreational camp or program.

25(3) A sports or athletic program.

26(4) An outreach program.

27(5) An enrichment program.

28(6) A troop, club or similar organization.

29An individual participating in a program, activity or service
30may bear any title, including that of counselor, chaperone,

1coach, instructor, leader, mentor or other comparable title.

2* * *

3"School." A facility providing elementary, secondary or
4post-secondary educational services. The term includes every
5public, nonpublic, private and parochial school, including each
6of the following:

7(1) A school or a class within a school under the
8supervision of the Department of Education of the
9Commonwealth.

10(2) A State-related and State-owned college or
11university.

12(3) A public or private college or university.

13(4) A community college.

14(5) A vocational-technical school.

15(6) An intermediate unit.

16(7) A charter or regional-charter school.

17(8) A private school licensed under the act of January
1828, 1988 (P.L.24, No.11), known as the Private Academic
19Schools Act.

20(9) A nonprofit school located in this Commonwealth,
21other than a public school, wherein a resident of this
22Commonwealth may legally fulfill the compulsory school
23attendance requirements of the act of March 10, 1949 (P.L.30,
24No.14), known as the Public School Code of 1949, and which
25meets the requirements of Title VI of the Civil Rights Act of
261964 (Public Law 88-352, 78 Stat. 241).

27"School employee." An individual who is employed by a
28[public or private school, intermediate unit or area vocational-
29technical] school or who provides a program, activity or service 
30in a school. The term includes an independent contractor that 

1provides a program, activity or service in a school and the
2employees of the independent contractor. [The term excludes an
3individual who has no direct contact with students.]

4* * *

5"Student." [An individual enrolled in a public or private
6school, intermediate unit or area vocational-technical school
7who is under 18 years of age.] A child who is enrolled in a 
8school or participating in a program, activity or service at a 
9school.

10"Subject of the report." Any child, parent, guardian or other
11person responsible for the welfare of a child or any alleged or
12actual perpetrator [or school employee named] in a report made
13to the Department of Public Welfare or a county agency under
14this chapter.

15* * *

16Section 2. Sections 6331, 6333, 6334(c), 6335(a), 6336(a)
17(11), 6337(c), 6338(a) and (c), 6340(a)(13), 6341(a)(2), (c) and
18(f), 6344(b)(2), (c)(1), (o) and (p) and 6344.1(b) of Title 23
19are amended to read:

20§ 6331. Establishment of pending complaint file, Statewide
21central register and file of unfounded reports.

22There shall be established in the department:

23(1) A pending complaint file of child abuse reports
24under investigation [and a file of reports under
25investigation pursuant to Subchapter C.1 (relating to
26students in public and private schools)].

27(2) A Statewide central register of child abuse which
28shall consist of founded and indicated reports.

29(3) A file of unfounded reports awaiting expunction.

30§ 6333. Continuous availability of department.

1The department shall be capable of receiving oral reports of
2child abuse made pursuant to this chapter[, reports under
3section 6353.2 (relating to responsibilities of county agency)]
4and report summaries of child abuse from county agencies and
5shall be capable of immediately identifying prior reports of
6child abuse [and prior reports of abuse or injury under
7Subchapter C.1 (relating to students in public and private
8schools)] in the Statewide central register and reports under
9investigation in the pending complaint file and of monitoring
10the provision of child protective services 24 hours a day, seven
11days a week.

12§ 6334. Disposition of complaints received.

13* * *

14(c) Recording in pending complaint file.--Upon receipt of a
15complaint of suspected child abuse, the department shall
16maintain a record of the complaint of suspected child abuse in
17the pending complaint file. [Upon receipt of a report under
18section 6353.2 (relating to responsibilities of county agency),
19the department shall maintain a record of the report in the
20report file under section 6331 (relating to establishment of
21pending complaint file, Statewide central register and file of
22unfounded reports).]

23* * *

24§ 6335. Information in pending complaint and unfounded report
25files.

26(a) Information authorized.--The information contained in
27the pending complaint file shall be limited to the information
28required in sections 6313(c) (relating to reporting procedure)
29[and 6353.2 (relating to responsibilities of county agency)].
30The information contained in the file for unfounded reports

1shall be limited to the information required by section 6336
2(relating to information in Statewide central register).

3* * *

4§ 6336. Information in Statewide central register.

5(a) Information authorized.--The Statewide central register
6shall include and shall be limited to the following information:

7* * *

8(11) Information obtained by the department in relation
9to a perpetrator's [or school employee's] request to release,
10amend or expunge information retained by the department or
11the county agency.

12* * *

13§ 6337. Disposition of unfounded reports.

14* * *

15(c) Expunction of information.--All information identifying
16the subjects of any report of suspected child abuse [and of any
17report under Subchapter C.1 (relating to students in public and
18private schools)] determined to be an unfounded report shall be
19expunged from the pending complaint file pursuant to this
20section. The expunction shall be mandated and guaranteed by the
21department.

22§ 6338. Disposition of founded and indicated reports.

23(a) General rule.--When a report of suspected child abuse
24[or a report under Subchapter C.1 (relating to students in
25public and private schools)] is determined by the appropriate
26county agency to be a founded report or an indicated report, the
27information concerning that report of suspected child abuse
28shall be expunged immediately from the pending complaint file,
29and an appropriate entry shall be made in the Statewide central
30register. Notice of the determination must be given to the

1subjects of the report, other than the abused child, and to the
2parent or guardian of the affected child or student along with
3an explanation of the implications of the determination. Notice
4given to perpetrators of child abuse [and to school employees
5who are subjects of indicated reports for school employees or
6founded reports for school employees] shall include notice that
7their ability to obtain employment in a child-care facility or
8program or a public or private school may be adversely affected
9by entry of the report in the Statewide central register. The
10notice shall also inform the recipient of his right, within 45
11days after being notified of the status of the report, to appeal
12an indicated report, and his right to a hearing if the request
13is denied.

14* * *

15(c) Retention of information.--A subfile shall be
16established in the Statewide central register to indefinitely
17retain the names of perpetrators of child abuse [and school
18employees who are subjects of founded or indicated reports] only
19if the individual's Social Security number or date of birth is
20known to the department. The subfile shall not include
21identifying information regarding other subjects of the report.

22§ 6340. Release of information in confidential reports.

23(a) General rule.--Reports specified in section 6339
24(relating to confidentiality of reports) shall only be made
25available to:

26* * *

27[(13) Persons required to make reports under Subchapter
28C.1 (relating to students in public and private schools).
29Information under this paragraph shall be limited to the
30final status of the report following the investigation as to

1whether the report is indicated, founded or unfounded.]

2* * *

3§ 6341. Amendment or expunction of information.

4(a) General rule.--At any time:

5* * *

6(2) Any person named as a perpetrator[, and any school
7employee named,] in an indicated report of child abuse may,
8within 45 days of being notified of the status of the report,
9request the secretary to amend or expunge an indicated report
10on the grounds that it is inaccurate or it is being
11maintained in a manner inconsistent with this chapter.

12* * *

13(c) Review of refusal of request.--If the secretary refuses
14the request under subsection (a)(2) or does not act within a
15reasonable time, but in no event later than 30 days after
16receipt of the request, the perpetrator [or school employee]
17shall have the right to a hearing before the secretary or a
18designated agent of the secretary to determine whether the
19summary of the indicated report in the Statewide central
20register should be amended or expunged on the grounds that it is
21inaccurate or that it is being maintained in a manner
22inconsistent with this chapter. The perpetrator [or school
23employee] shall have 45 days from the date of the letter giving
24notice of the decision to deny the request in which to request a
25hearing. The appropriate county agency and appropriate law
26enforcement officials shall be given notice of the hearing. The
27burden of proof in the hearing shall be on the appropriate
28county agency. The department shall assist the county agency as
29necessary.

30* * *

1(f) Notice of expunction.--Written notice of an expunction
2of any child abuse record made pursuant to the provisions of
3this chapter shall be served upon the subject of the record who
4was responsible for the abuse or injury and the appropriate
5county agency. Except as provided in this subsection, the county
6agency, upon receipt of the notice, shall take appropriate,
7similar action in regard to the local child abuse [and school
8employee] records and inform, for the same purpose, the
9appropriate coroner if that officer has received reports
10pursuant to section 6367 (relating to reports to department and
11coroner). Whenever the county agency investigation reveals,
12within 60 days of receipt of the report of suspected child
13abuse, that the report is unfounded but that the subjects need
14services provided or arranged by the county agency, the county
15agency shall retain those records and shall specifically
16identify that the report was an unfounded report of suspected
17child abuse. An unfounded report regarding subjects who receive
18services shall be expunged no later than 120 days following the
19expiration of one year after the termination or completion of
20services provided or arranged by the county agency.

21§ 6344. Information relating to prospective child-care
22personnel.

23* * *

24(b) Information submitted by prospective employees.--
25Administrators of child-care services shall require applicants
26to submit with their applications the following information
27obtained within the preceding one-year period:

28* * *

29(2) A certification from the department as to whether
30the applicant is named in the central register as the

1perpetrator of a founded report of child abuse[,] or an
2indicated report of child abuse[, founded report for school
3employee or indicated report for school employee].

4* * *

5(c) Grounds for denying employment.--

6(1) In no case shall an administrator hire an applicant
7where the department has verified that the applicant is named
8in the central register as the perpetrator of a founded
9report of child abuse committed within the five-year period
10immediately preceding verification pursuant to this section
11[or is named in the central register as the perpetrator of a
12founded report for a school employee committed within the
13five-year period immediately preceding verification pursuant
14to this section].

15* * *

16(o) Use of information.--A foster family care agency may not
17approve a prospective foster parent if the prospective foster
18parent or an individual 14 years of age or older who resides for
19at least 30 days in a calendar year with the prospective foster
20parent meets either of the following:

21(1) Is named in the central register as the perpetrator
22of a founded report of child abuse committed within the five-
23year period immediately preceding verification pursuant to
24this section [or is named in the central register as the
25perpetrator of a founded report for a school employee
26committed within the five-year period immediately preceding
27verification pursuant to this section].

28(2) Has been found guilty of an offense listed in
29subsection (c)(2).

30(p) Use of information.--A prospective adoptive parent may

1not be approved if the prospective adoptive parent or an
2individual 14 years of age or older who resides for at least 30
3days in a calendar year with the prospective adoptive parent
4meets either of the following:

5(1) Is named in the central register as the perpetrator
6of a founded report of child abuse committed within the five-
7year period immediately preceding verification pursuant to
8this section [or is named in the central register as the
9perpetrator of a founded report for a school employee
10committed within the five-year period immediately preceding
11verification pursuant to this section].

12(2) Has been found guilty of an offense listed in
13subsection (c)(2).

14§ 6344.1. Information relating to family day-care home
15residents.

16* * *

17(b) Required information.--Child abuse record information
18required under subsection (a) shall include certification by the
19department as to whether the applicant is named in the central
20register as the perpetrator of a founded report[,] or an
21indicated report[, founded report for school employee or
22indicated report for school employee].

23* * *

24Section 3. Section 6344.2 of Title 23 is amended by adding a
25subsection to read:

26§ 6344.2. Information relating to other persons having contact
27with children.

28* * *

29(a.1) School employees.--School employees governed by the
30provisions of the act of March 10, 1949 (P.L.30, No.14), known

1as the Public School Code of 1949, shall be subject to the
2provisions of section 111 of the Public School Code of 1949.

3* * *

4Section 4. Sections 6346(b) and (c) and 6347(a) and (b) of
5Title 23 are amended to read:

6§ 6346. Cooperation of other agencies.

7* * *

8(b) Willful failure to cooperate.--Any agency, school
9district or facility or any person acting on behalf of an
10agency, school district or facility that violates this section
11by willfully failing to cooperate with the department or a
12county agency when investigating a report of suspected child
13abuse [or a report under Subchapter C.1 (relating to students in
14public and private schools)] or when assessing risk to a child
15commits a summary offense for a first violation and a
16misdemeanor of the third degree for subsequent violations.

17(c) Cooperation of county agency and law enforcement
18agencies.--Consistent with the provisions of this chapter, the
19county agency and law enforcement agencies shall cooperate and
20coordinate, to the fullest extent possible, their efforts to
21respond to and investigate reports of suspected child abuse [and
22to reports under Subchapter C.1].

23* * *

24§ 6347. Reports to Governor and General Assembly.

25(a) General rule.--No later than May 1 of every year, the
26secretary shall prepare and transmit to the Governor and the
27General Assembly a report on the operations of the central
28register of child abuse and child protective services provided
29by county agencies. The report shall include a full statistical
30analysis of the reports of suspected child abuse made to the

1department [and the reports under Subchapter C.1 (relating to
2students in public and private schools)], together with a report
3on the implementation of this chapter and its total cost to the
4Commonwealth, the evaluation of the secretary of services
5offered under this chapter and recommendations for repeal or for
6additional legislation to fulfill the purposes of this chapter.
7All such recommendations should contain an estimate of increased
8or decreased costs resulting therefrom. The report shall also
9include an explanation of services provided to children who were
10the subjects of founded or indicated reports while receiving
11child-care services. The department shall also describe its
12actions in respect to the perpetrators of the abuse.

13(b) Reports from county agencies.--To assist the department
14in preparing its annual report and the quarterly reports
15required under subsection (c), each county agency shall submit a
16quarterly report to the department, including, at a minimum, the
17following information, on an aggregate basis, regarding general
18protective services[,] and child protective services [and action
19under Subchapter C.1]:

20(1) The number of referrals received and referrals
21accepted.

22(2) The number of children over whom the agency
23maintains continuing supervision.

24(3) The number of cases which have been closed by the
25agency.

26(4) The services provided to children and their
27families.

28(5) A summary of the findings with nonidentifying
29information about each case of child abuse or neglect which
30has resulted in a child fatality or near fatality.

1* * *

2Section 5. Subchapter C.1 heading of Chapter 63 of Title 23
3is repealed:

4[SUBCHAPTER C.1

5STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

6Section 6. Sections 6351, 6352, 6353, 6353.1, 6353.2, 6353.3
7and 6353.4 of Title 23 are repealed:

8[§ 6351. Definitions.

9The following words and phrases when used in this subchapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Administrator." The person responsible for the
13administration of a public or private school, intermediate unit
14or area vocational-technical school. The term includes an
15independent contractor.

16§ 6352. School employees.

17(a) Requirement.--

18(1) Except as provided in paragraph (2), a school
19employee who has reasonable cause to suspect, on the basis of
20professional or other training and experience, that a student
21coming before the school employee in the employee's
22professional or official capacity is a victim of serious
23bodily injury or sexual abuse or sexual exploitation by a
24school employee shall immediately contact the administrator.

25(2) If the school employee accused of seriously injuring
26or sexually abusing or exploiting a student is the
27administrator, the school employee who has reasonable cause
28to suspect, on the basis of professional or other training
29and experience, that a student coming before the school
30employee in the employee's professional or official capacity

1is a victim of serious bodily injury or sexual abuse or
2sexual exploitation shall immediately report to law
3enforcement officials and the district attorney under section
46353(a) (relating to administration). If an administrator is
5the school employee who suspects injury or abuse, the
6administrator shall make a report under section 6353(a).

7(3) The school employee may not reveal the existence or
8content of the report to any other person.

9(b) Immunity.--A school employee who refers a report under
10subsection (a) shall be immune from civil and criminal liability
11arising out of the report.

12(c) Criminal penalty.--

13(1) A school employee who willfully violates subsection
14(a) commits a summary offense.

15(2) A school employee who, after being sentenced under
16paragraph (1), violates subsection (a) commits a misdemeanor
17of the third degree.

18§ 6353. Administration.

19(a) Requirement.--An administrator and a school employee
20governed by section 6352(a)(2) (relating to school employees)
21shall report immediately to law enforcement officials and the
22appropriate district attorney any report of serious bodily
23injury or sexual abuse or sexual exploitation alleged to have
24been committed by a school employee against a student.

25(b) Report.--A report under subsection (a) shall include the
26following information:

27(1) Name, age, address and school of the student.

28(2) Name and address of the student's parent or
29guardian.

30(3) Name and address of the administrator.

1(4) Name, work and home address of the school employee.

2(5) Nature of the alleged offense.

3(6) Any specific comments or observations that are
4directly related to the alleged incident and the individuals
5involved.

6(c) Immunity.--An administrator who makes a report under
7subsection (a) shall be immune from civil or criminal liability
8arising out of the report.

9(d) Criminal penalty.--An administrator who willfully
10violates subsection (a) commits a misdemeanor of the third
11degree.

12§ 6353.1. Investigation.

13(a) General rule.--Upon receipt of a report under section
146353 (relating to administration), an investigation shall be
15conducted by law enforcement officials, in cooperation with the
16district attorney, and a determination made as to what criminal
17charges, if any, will be filed against the school employee.

18(b) Referral to county agency.--

19(1) If local law enforcement officials have reasonable
20cause to suspect on the basis of initial review that there is
21evidence of serious bodily injury, sexual abuse or sexual
22exploitation committed by a school employee against a
23student, local law enforcement officials shall notify the
24county agency in the county where the alleged abuse or injury
25occurred for the purpose of the agency conducting an
26investigation of the alleged abuse or injury.

27(2) To the fullest extent possible, law enforcement
28officials and the county agency shall coordinate their
29respective investigations. In respect to interviews with the
30student, law enforcement officials and the county agency

1shall conduct joint interviews. In respect to interviews with
2the school employee, law enforcement officials shall be given
3an opportunity to interview the school employee prior to the
4employee having any contact with the county agency.

5(3) The county agency and law enforcement officials have
6the authority to arrange for photographs, medical tests or X-
7rays of a student alleged to have been abused or injured by a
8school employee. The county agency and law enforcement
9officials shall coordinate their efforts in this regard and,
10to the fullest extent possible, avoid the duplication of any
11photographs, medical tests or X-rays.

12(4) Law enforcement officials and the county agency
13shall advise each other of the status and findings of their
14respective investigations on an ongoing basis.

15§ 6353.2. Responsibilities of county agency.

16(a) Information for the pending complaint file.--Immediately
17after receiving a report under section 6353.1 (relating to
18investigation), the county agency shall notify the department of
19the receipt of the report, which is to be filed in the pending
20complaint file as provided in section 6331(1) (relating to
21establishment of pending complaint file, Statewide central
22register and file of unfounded reports). The oral report shall
23include the following information:

24(1) The name and address of the student and the
25student's parent or guardian.

26(2) Where the suspected abuse or injury occurred.

27(3) The age and sex of the student.

28(4) The nature and extent of the suspected abuse or
29injury.

30(5) The name and home address of the school employee

1alleged to have committed the abuse or injury.

2(6) The relationship of the student to the school
3employee alleged to have committed the abuse or injury.

4(7) The source of the report to the county agency.

5(8) The actions taken by the county agency, law
6enforcement officials, parents, guardians, school officials
7or other persons, including the taking of photographs,
8medical tests and X-rays.

9(b) Investigation of reports.--Upon receipt of a report
10under section 6353.1, the county agency shall commence, within
11the time frames established in department regulations, an
12investigation of the nature, extent and cause of any alleged
13abuse or injury enumerated in the report. The county agency
14shall coordinate its investigation to the fullest extent
15possible with law enforcement officials as provided in section
166353.1(b).

17(c) Completion of investigation.--The investigation by the
18county agency to determine whether the report is an indicated
19report for school employee or an unfounded report shall be
20completed within 60 days.

21(d) Notice to subject of a report.--Prior to interviewing a
22subject of the report, the county agency shall orally notify the
23subject of the report of the existence of the report and the
24subject's rights under this chapter in regard to amendment or
25expungement. Within 72 hours following oral notification to the
26subject, the county agency shall give written notice to the
27subject. The notice may be reasonably delayed if notification is
28likely to threaten the safety of the student or the county
29agency worker, to cause the school employee to abscond or to
30significantly interfere with the conduct of a criminal

1investigation.

2(e) Reliance on factual investigation.--The county agency
3may rely on a factual investigation of substantially the same
4allegations by a law enforcement officials to support the
5agency's finding. This reliance shall not relieve the county
6agency of its responsibilities relating to the investigation of
7reports under this subchapter.

8(f) Notice to the department of the county agency's
9determination.--As soon as the county agency has completed its
10investigation, the county agency shall advise the department and
11law enforcement officials of its determination of the report as
12an indicated report for school employee or an unfounded report.
13Supplemental reports shall be made at regular intervals
14thereafter in a manner and form the department prescribes by
15regulation to the end that the department is kept fully informed
16and up-to-date concerning the status of the report.

17§ 6353.3. Information in Statewide central register.

18The Statewide central register established under section 6331
19(relating to establishment of pending complaint file, Statewide
20central register and file of unfounded reports) shall retain
21only the following information relating to reports of abuse or
22injury of a student by a school employee which have been
23determined to be a founded report for school employee or an
24indicated report for school employee:

25(1) The names, Social Security numbers, age and sex of
26the subjects of the report.

27(2) The home address of the subjects of the report.

28(3) The date and the nature and extent of the alleged
29abuse or injury.

30(4) The county and state where the abuse or injury

1occurred.

2(5) Factors contributing to the abuse or injury.

3(6) The source of the report.

4(7) Whether the report is a founded or indicated report.

5(8) Information obtained by the department in relation
6to the school employee's request to release, amend or expunge
7information retained by the department or the county agency.

8(9) The progress of any legal proceedings brought on the
9basis of the report.

10(10) Whether a criminal investigation has been
11undertaken and the result of the investigation and of any
12criminal prosecution.

13§ 6353.4. Other provisions.

14The following provisions shall apply to the release and
15retention of information by the department and the county agency
16concerning reports of abuse or injury committed by a school
17employee as provided by this subchapter:

18Section 6336(b) and (c) (relating to information in Statewide
19central register).

20Section 6337 (relating to disposition of unfounded reports).

21Section 6338(a) and (b) (relating to disposition of founded
22and indicated reports).

23Section 6339 (relating to confidentiality of reports).

24Section 6340 (relating to release of information in
25confidential reports).

26Section 6341(a) through (f) (relating to amendment or
27expunction of information).

28Section 6342 (relating to studies of data in records).]

29Section 7. Subchapter C.2 heading of Chapter 63 of Title 23
30is repealed:

1[SUBCHAPTER C.2

2BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]

3Section 8. Sections 6354, 6355, 6356, 6357 and 6358 are
4repealed:

5[§ 6354. Definitions.

6The following words and phrases when used in this subchapter
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Applicant." An individual who applies for a position as a
10school employee. The term includes an individual who transfers
11from one position as a school employee to another position as a
12school employee.

13"Administrator." The person responsible for the
14administration of a public or private school, intermediate unit
15or area vocational-technical school. The term includes a person
16responsible for employment decisions in a school and an
17independent contractor.

18§ 6355. Requirement.

19(a) Investigation.--

20(1) Except as provided in paragraph (2), an
21administrator shall require each applicant to submit an
22official clearance statement obtained from the department
23within the immediately preceding year as to whether the
24applicant is named as the perpetrator of an indicated or a
25founded report or is named as the individual responsible for
26injury or abuse in an indicated report for school employee or
27a founded report for school employee.

28(2) The official clearance statement under paragraph (1)
29shall not be required for an applicant who:

30(i) transfers from one position as a school employee

1to another position as a school employee of the same
2school district or of the same organization; and

3(ii) has, prior to the transfer, already obtained
4the official clearance statement under paragraph (1).

5(b) Grounds for denying employment.--Except as provided in
6section 6356 (relating to exceptions), an administrator shall
7not hire an applicant if the department verifies that the
8applicant is named as the perpetrator of a founded report or is
9named as the individual responsible for injury or abuse in a
10founded report for school employee. No individual who is a
11school employee on the effective date of this subchapter shall
12be required to obtain an official clearance statement under
13subsection (a)(1) as a condition of continued employment.

14(c) Penalty.--An administrator who willfully violates this
15section shall be subject to an administrative penalty of $2,500.
16An action under this subsection is governed by 2 Pa.C.S. Ch. 5
17Subch. A (relating to practice and procedure of Commonwealth
18agencies) and Ch. 7 Subch. A (relating to judicial review of
19Commonwealth agency action).

20§ 6356. Exceptions.

21Section 6355 (relating to requirement) shall not apply to any
22of the following:

23(1) A school employee who is:

24(i) under 21 years of age;

25(ii) participating in a job development or job
26training program; and

27(iii) employed for not more than 90 days.

28(2) A school employee hired on a provisional basis
29pending receipt of information under section 6355(a) if all
30of the following apply:

1(i) The applicant demonstrates application for the
2official clearance statement under section 6355(a).

3(ii) The applicant attests in writing by oath or
4affirmation that the applicant is not disqualified under
5section 6355(b).

6(iii) The administrator has no knowledge of
7information which would disqualify the applicant under
8section 6355(b).

9(iv) The provisional period does not exceed:

10(A) 90 days for an applicant from another state;
11and

12(B) 30 days for all other applicants.

13(v) The hiring does not take place during a strike
14under the act of July 23, 1970 (P.L.563, No.195), known
15as the Public Employe Relations Act.

16§ 6357. Fee.

17The department may charge a fee of not more than $10 for the
18official clearance statement required under section 6355(a)
19(relating to requirement).

20§ 6358. Time limit for official clearance statement.

21The department shall comply with the official clearance
22statement requests under section 6355(a) (relating to
23requirement) within 14 days of receipt of the request.]

24Section 9. The following apply:

25(1) The amendment of 23 Pa.C.S. §§ 6331, 6333, 6334(c),
266335(a), 6337(c), 6338(c), 6344(b)(2), (c)(1), (o) and (p),
276344.1(b), 6346(b) and (c) and 6347(a) and (b) shall not affect
28any report, complaint, information or record created or
29initiated prior to the effective date of this section.

30(2) The amendment of 23 Pa.C.S. §§ 6336(a)(11), 6338(c) and

16341(a)(2) and (c) is necessary as a result of the repeal of 23
2Pa.C.S. Ch. 63 Subch. C.1. Any reference to "perpetrator" in 23
3Pa.C.S. §§ 6336(a)(11), 6338(c) and 6341(a)(2) and (c), as
4amended, is intended to include a school employee who was the
5subject of an indicated or founded report prior to the effective
6date of this section.

7(3) The amendment of 23 Pa.C.S. § 6341(f) is necessary as a
8result of the repeal of 23 Pa.C.S. Ch. 63 Subch. C.1. Any
9reference to "local child abuse record" in 23 Pa.C.S. § 6341(f),
10as amended, is intended to include school employee records that
11included reports of child abuse recorded prior to the effective
12date of this section.

13(4) The repeal of 23 Pa.C.S. Ch. 63 Subchs. C.1 and C.2 is
14not intended to affect any procedure, disposition or other
15action taken or initiated prior to the effective date of this
16section.

17Section 10. This act shall take effect in 60 days.