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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | February 18, 2014 10:15 AM |
|---|---|
| From: | Representative David M. Maloney, Sr. |
| To: | All House members |
| Subject: | Employment History Review for School Employees |
| I am preparing to introduce legislation that will require public and private schools in Pennsylvania and their independent contractors to conduct a thorough employment history review prior to offering employment to any applicant for a position involving direct contact with children. When a school employee abuses a student or engages in sexual misconduct with a student, or is alleged to have done so, current law is insufficient to prevent that employee from quietly resigning and moving on to another school, where the abusive conduct may continue. I personally witnessed these types of resignations, commonly known as “Passing the Trash,” when I served as a school director, and I strongly objected to the procedures that allowed these resignations to occur. Currently, the School Code does not require school entities to conduct a thorough employment history check of job applicants, nor does it require school entities to provide a comprehensive response to a background inquiry from another school entity. My proposal aims to correct this oversight in the law. Identical to Senate Bill 46, which passed the Senate unanimously in June 2013, my bill will require all school entities and independent contractors of school entities to conduct detailed employment history reviews prior to offering employment to any applicant for a position involving direct contact with children. Under my legislation, each applicant must provide detailed background information in order to be considered, and previous employers must provide a school entity with all requested background information regarding a former employee. The bill provides for immunity from criminal and civil liability for employers, school entities, school administrators and independent contractors that disclose the requested background information, unless the information or records provided were knowingly false. Perhaps most importantly, my bill prohibits a school entity or independent contractor from entering into an agreement to maintain the confidentiality of findings or allegations of abuse against a current or former staff member. The bill will apply to all public schools, private schools, nonpublic schools, intermediate units and area vocational-technical schools in the Commonwealth. My new proposal to require school entities and independent contractors to conduct extensive pre-employment background screening complements House Bill 434, which I also authored. House Bill 434 abolishes the separate standards and procedures that exist for school employees accused of abusing a student and ensures that school employees are subject to the same investigations and are held to the same standards as parents, child care workers and other perpetrators of child abuse. Together, these bills will strengthen our protection of children. Thank you for your consideration. |
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| View Attachment | ||
Introduced as HB2063