1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, providing
6for employment history review <-and for electronic public 
7safety and criminal justice information.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. The act of March 10, 1949 (P.L.30, No.14), known
11as the Public School Code of 1949, is amended by adding <-a 
12section <-sections to read:

13Section 111.1. Employment History Review.--(a) This section
14shall apply to all positions for employment at school entities
15and independent contractors of school entities involving direct
16contact with children.

17(b) In addition to fulfilling the requirements of section
18111 and 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to background
19checks for employment in schools), before a school entity or

1independent contractor may offer employment to an applicant who
2would be employed by or in a school entity in a position
3involving direct contact with children, the school entity or
4independent contractor shall:

5(1) Require the applicant to provide:

6(i) A list, including name, address, telephone number and
7other relevant contact information of the applicant's:

8(A) Current employer.

9(B) All former employers that were school entities.

10(C) All former employers where the applicant was employed in
11positions that involved direct contact with children.

12(ii) A written authorization that consents to and authorizes
13disclosure by the applicant's current and former employers in
14subparagraph (i) of the information requested under paragraph
15(2) and the release of related records and that releases those
16employers from liability that may arise from such disclosure or
17release of records pursuant to subsection (d)(5).

18(iii) A written statement of whether the applicant:

19(A) has been the subject of an abuse or sexual misconduct
20investigation by any employer, State licensing agency, law
21enforcement agency or child protective services agency, unless
22the investigation resulted in a finding that the allegations
23were false;

24(B) has ever been disciplined, discharged, nonrenewed, asked
25to resign from employment, resigned from or otherwise separated
26from any employment while allegations of abuse or sexual
27misconduct as described in clause (A) were pending or under
28investigation, or due to an adjudication or findings of abuse or
29sexual misconduct as described in clause (A); or

30(C) has ever had a license, professional license or

1certificate suspended, surrendered or revoked while allegations
2of abuse or sexual misconduct as described in clause (A) were
3pending or under investigation, or due to an adjudication or
4findings of abuse or sexual misconduct as described in clause
5(A).

6(2) Conduct a review of the employment history of the
7applicant by contacting those employers listed by the applicant
8under the provisions of paragraph (1)(i) and requesting the
9following information:

10(i) The dates of employment of the applicant.

11(ii) A statement as to whether the applicant:

12(A) was the subject of any abuse or sexual misconduct
13investigation by any employer, State licensing agency, law
14enforcement agency or child protective services agency, unless
15such investigation resulted in a finding that the allegations
16were false;

17(B) was disciplined, discharged, nonrenewed, asked to resign
18from employment, resigned from or otherwise separated from any
19employment while allegations of abuse or sexual misconduct as
20described in clause (A) were pending or under investigation, or
21due to an adjudication or findings of abuse or sexual misconduct
22described in clause (A); or

23(C) has ever had a license, professional license or
24certificate suspended, surrendered or revoked while allegations
25of abuse or sexual misconduct as described in clause (A) were
26pending or under investigation, or due to an adjudication or
27findings of abuse or sexual misconduct as described in clause
28(A).

29(3) Check the eligibility for employment or certification
30status of any applicant for a position involving direct contact

1with children to determine whether the applicant holds valid and
2active certification appropriate for the position and is
3otherwise eligible for employment and whether the applicant has
4been the subject of public professional discipline.

<-5(4) Inquire whether the Department of Education has received
6notification of pending criminal charges against the applicant.

7(c) An applicant who provides false information or wilfully
8fails to disclose information required in subsection (b) shall
9be subject to discipline up to, and including, termination or
10denial of employment and may be subject to criminal prosecution
11under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
12authorities), and may be subject to civil penalties and
13professional discipline in accordance with subsection (l).

14(d) (1) No later than twenty (20) days after receiving a
15request for information required under subsection (b)(2), an
16employer that has or had an employment relationship with the
17applicant shall disclose the information requested.

18(2) The employer shall disclose the information on a
19standardized form developed by the Department of Education.

20(3) (i) After reviewing the information initially disclosed
21under paragraph (1) and finding an affirmative response to
22subsection (b)(1)(iii)(A), (B) or (C), (2)(ii)(A), (B) or (C)
23where the prospective employing school entity or contractor
24makes a determination to further consider the applicant for
25employment, the school entity or contractor shall request that
26former employers provide additional information about the
27matters disclosed and all related records.

28(ii) Former employers shall provide the additional
29information requested no later than sixty (60) days after the
30prospective employer's request under this paragraph.

1(4) (i) Information received under this section shall not
2be deemed a public record for the purposes of the act of
3February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
4Law."

5(ii) A school entity that receives the information under
6this subsection may use the information for the purpose of
7evaluating an applicant's fitness to be hired or for continued
8employment and may report the information as appropriate to the
9Department of Education, a State licensing agency, law
10enforcement agency, child protective services agency, another
11school entity or prospective employer.

12(5) An employer, school entity, school administrator or
13independent contractor that provides information or records
14about a current or former employe or applicant shall be immune
15from criminal liability under 23 Pa.C.S. Ch. 63 (relating to
16child protective services) and the act of December 12, 1973
17(P.L.397, No.141), known as the "Educator Discipline Act," and
18civil liability for the disclosure of the information, unless
19the information or records provided were knowingly false. Such
20immunity shall be in addition to and not in limitation of any
21other immunity provided by law, or any absolute or conditional
22privileges applicable to such disclosures by virtue of the
23circumstances or the applicant's consent thereto.

24(6) Except where the laws of other states prevent the
25release of the information or records requested, or disclosure
26is restricted by the terms of a contract entered into prior to
27the effective date of this section, the wilful failure of a
28former employer, school entity, school administrator or
29independent contractor to respond or provide the information and
30records as requested may result in civil penalties, and

1professional discipline where appropriate, in accordance with
2subsection (l).

3(7) Notwithstanding any provision of law to the contrary, an
4employer, school entity, school administrator, independent
5contractor or applicant shall report and disclose in accordance
6with this section all relevant information, records and
7documentation that may otherwise be confidential under 23
8Pa.C.S. Ch. 63 and the "Educator Discipline Act."

9(e) (1) A school entity or independent contractor may not
10hire an applicant who does not provide the information required
11under subsection (b) for a position involving direct contact
12with children.

13(2) A school entity or independent contractor may hire an
14applicant on a provisional basis for a period not to exceed
15ninety (90) days pending the school entity's or independent
16contractor's review of information and records received under
17this section, provided that all of the following are satisfied:

18(i) The applicant has provided all of the information and
19supporting documentation required under subsection (b).

20(ii) The school administrator has no knowledge of
21information pertaining to the applicant that would disqualify
22the applicant from employment.

23(iii) The applicant swears or affirms that the applicant is
24not disqualified from employment.

25(iv) The applicant is not permitted to work alone with
26children and works in the immediate vicinity of a permanent
27employe.

28(f) On or after the effective date of this section, a school
29entity or independent contractor may not enter into a collective
30bargaining agreement, an employment contract, an agreement for

1resignation or termination, a severance agreement or any other
2contract or agreement or take any action that:

3(1) has the effect of suppressing information relating to an
4investigation related to a report of suspected abuse or sexual
5misconduct by a current or former employe;

6(2) affects the ability of the school entity or independent
7contractor to report suspected abuse or sexual misconduct to the
8appropriate authorities; or

9(3) requires the school entity or independent contractor to
10expunge information about allegations or findings of suspected
11abuse or sexual misconduct from any documents maintained by the
12school entity or independent contractor, unless after
13investigation the allegations are found to be false.

14(g) Any provision of an employment contract or agreement for
15resignation or termination or a severance agreement that is
16executed, amended or entered into after the effective date of
17this section and that is contrary to this section shall be void
18and unenforceable.

19(h) (1) For substitute employes, the employment history
20review required by this section shall be required only prior to
21the initial hiring of a substitute or placement on the school
22entity's approved substitute list and shall remain valid as long
23as the substitute continues to be employed by the same school
24entity or remains on the school entity's approved substitute
25list.

26(2) A substitute seeking to be added to another school
27entity's substitute list shall undergo a new employment history
28review. Except as otherwise provided in paragraph (3), the
29appearance of a substitute on one school entity's substitute
30list does not relieve another school entity from compliance with

1this section.

2(3) An employment history review conducted upon initial
3hiring of a substitute employe by an independent contractor,
4intermediate unit or any other entity that furnishes substitute
5staffing services to school entities shall satisfy the
6requirements of this section for all school entities using the
7services of that independent contractor, intermediate unit or
8other entity.

9(4) An independent contractor, intermediate unit or any
10other entity furnishing substitute staffing services to school
11entities shall comply with the provisions of subsection (i)(3)
12and (4).

13(5) For purposes of this subsection, "substitute employe"
14shall not mean school bus drivers employed by an independent
15contractor.

16(i) (1) For employes of independent contractors, the
17employment history review required by this section shall be
18performed, either at the time of the initial hiring of the
19employe or prior to the assignment of an existing employe to
20perform work for a school entity in a position involving direct
21contact with children. The review shall remain valid as long as
22the employe remains employed by that same independent
23contractor, even though assigned to perform work for other
24school entities.

25(2) An independent contractor shall maintain records
26documenting employment history reviews for all employes as
27required by this section and, upon request, shall provide a
28school entity for whom an employe is assigned to perform work
29access to the records pertaining to that employe.

30(3) Prior to assigning an employe to perform work for a

1school entity in a position involving direct contact with
2children, the independent contractor shall inform the school
3entity of any instance known to the independent contractor in
4which the employe:

5(i) was the subject of any abuse or sexual misconduct
6investigation by any employer, State licensing agency, law
7enforcement authority or child protective services agency,
8unless such investigation resulted in a finding that allegations
9are false;

10(ii) has ever been disciplined, discharged, nonrenewed,
11removed from a substitute list, asked to resign from employment,
12resigned from or otherwise separated from any employment while
13allegations of abuse or sexual misconduct as described in
14subparagraph (i) were pending or under investigation, or due to
15an adjudication or findings of abuse or sexual misconduct as
16described in subparagraph (i); or

17(iii) has ever had a license, professional license or
18certificate suspended, surrendered or revoked while allegations
19of abuse or sexual misconduct as described in subparagraph (i)
20were pending or under investigation, or due to an adjudication
21or findings of abuse or sexual misconduct as described in
22subparagraph (i).

23(4) The independent contractor may not assign the employe to
24perform work for the school entity in a position involving
25direct contact with children where the school entity objects to
26the assignment after being informed of an instance listed in
27paragraph (3).

28(j) An applicant who has once undergone the employment
29history review required under this section and seeks transfer to
30or to provide services to another school in the same district,

1diocese or religious judicatory or to another school established
2and supervised by the same organization shall not be required to
3obtain additional reports before making such transfer.

4(k) Nothing in this section shall be construed:

5(1) To prevent a prospective employer from conducting
6further investigations of prospective employes or from requiring
7applicants to provide additional background information or
8authorizations beyond what is required under this section, nor
9to prevent a former employer from disclosing more information
10than what is required under this section.

11(2) To relieve a school entity, school administrator or
12independent contractor of its legal responsibility to report
13suspected incidents of abuse in accordance with the provisions
14of 23 Pa.C.S. Ch. 63.

15(3) To relieve a school entity, school administrator or
16independent contractor of its legal responsibility to report
17suspected incidents of professional misconduct in accordance
18with the "Educator Discipline Act."

19(4) To prohibit the right of the exclusive representative
20under a collective bargaining agreement to grieve and arbitrate
21the validity of an employe's termination or discipline for just
22cause or for the causes set forth in this act.

23(l) (1) The Department of Education shall have jurisdiction
24to determine wilful violations of this section and may,
25following a hearing, assess a civil penalty not to exceed ten
26thousand dollars ($10,000). School entities shall be barred from
27contracting with an independent contractor who is found to have
28wilfully violated the provisions of this section.

29(2) Notwithstanding any provision of law to the contrary,
30the Department of Education may initiate disciplinary action

1before the Professional Standards and Practices Commission
2pursuant to the "Educator Discipline Act" against any applicant,
3employe, independent contractor or school administrator who is
4subject to the "Educator Discipline Act" for wilful violations
5of this section.

6(m) The Department of Education shall develop the forms for
7applicants and employers required under subsection (b)(1) and
8(2), as well as any other forms necessary to carry out the
9provisions of this section.

10(n) As used in this section, the following words and phrases
11shall have the meanings given to them in this subsection:

12"Abuse." Conduct that falls under the purview and reporting
13requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
14services) and is directed toward or against a child or a
15student, regardless of the age of the child or student.

16"Direct contact with children." The possibility of care,
17supervision, guidance or control of children or routine
18interaction with children.

19"School entity." Any public school, including a charter
20school or cyber charter school, private school, nonpublic
21school, intermediate unit or area vocational-technical school
22operating within this Commonwealth.

23"Sexual misconduct." Any act, including, but not limited to,
24any verbal, nonverbal, written or electronic communication or
25physical activity, directed toward or with a child or a student
26regardless of the age of the child or student that is designed
27to establish a romantic or sexual relationship with the child or
28student. Such acts include, but are not limited to:

29(1) Sexual or romantic invitation.

30(2) Dating or soliciting dates.

1(3) Engaging in sexualized or romantic dialog.

2(4) Making sexually suggestive comments.

3(5) Self-disclosure or physical exposure of a sexual,
4romantic or erotic nature.

5(6) Any sexual, indecent, romantic or erotic contact with
6the child or student.

<-7Section 111.2. Electronic Public Safety and Criminal Justice
8Information.--(a) Subject to subsection (b), the Department of
9Education shall obtain and monitor public safety and criminal
10justice information, including, but not limited to, arrest and
11disposition information, for all educators from any Statewide
12electronic database to the extent such public safety and
13criminal justice information is available to the Department of
14Education and shall use such information for certification and
15discipline purposes.

16(b) For purposes of this section, "educator" shall mean all
17of the following:

18(1) Any person who holds a Commonwealth of Pennsylvania
19certificate, commission, letter of eligibility or permit issued
20under this act or under the act of January 28, 1988 (P.L.24,
21No.11), known as the "Private Academic Schools Act," or who has
22applied for a certificate, commission, letter of eligibility or
23permit.

24(2) Any person who is a charter or cyber charter school
25staff member or who is a contracted educational provider or
26contracted educational provider staff member as those terms are
27defined in the act of December 12, 1973 (P.L.397, No.141), known
28as the "Educator Discipline Act."

29(3) Any person over whom the Professional Standards and
30Practices Commission has disciplinary authority pursuant to the

1"Educator Discipline Act."

2Section 2. This act shall take effect in 60 days.