SENATE AMENDED
PRIOR PRINTER'S NOS. 1327, 1426, 1654, PRINTER'S NO. 1956
1860
No. 1139 Session of 1985
INTRODUCED BY SWEET, PICCOLA, PRATT, HAGARTY, MOEHLMANN,
KUKOVICH, GREENWOOD, CORDISCO, PRESSMANN, BALDWIN, McVERRY,
GALLAGHER, HAYES, FREIND, REBER AND FOX, MAY 1, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 1985
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," requiring certain prospective
6 employees of public and private schools, intermediate units
7 and area vocational-technical schools to submit certain
8 records with employment applications.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
12 as the Public School Code of 1949, is amended by adding a
13 section to read:
14 Section 111. Background Checks of Prospective Employes.--(a)
15 This section shall apply to all prospective employes of public
16 and private schools, intermediate units and area vocational-
17 technical schools, including independent contractors and their
18 employes, except those employes and independent contractors and
19 their employes who have no direct contact with children.
1 (b) Administrators of public and private schools,
2 intermediate units and area vocational-technical schools shall
3 require prospective employes to submit with their employment
4 application, PURSUANT TO 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL <--
5 HISTORY RECORD INFORMATION), a report of criminal history record
6 information from the Pennsylvania State Police or a statement
7 from the Pennsylvania State Police that the STATE POLICE central <--
8 repository contains no such information relating to that person.
9 Such criminal history record information shall be limited to
10 that which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)
11 (relating to general regulations) and shall be no more than one <--
12 (1) year SIX (6) MONTHS ONE (1) YEAR old. An applicant may <--
13 submit a copy of the required information with the application
14 for employment. Administrators SHALL MAINTAIN A COPY OF THE <--
15 REQUIRED INFORMATION AND shall require each applicant to produce
16 the original document prior to employment. ADMINISTRATORS SHALL <--
17 REQUIRE CONTRACTORS TO PRODUCE THE ORIGINAL DOCUMENT FOR EACH
18 PROSPECTIVE EMPLOYE OF SUCH CONTRACTOR PRIOR TO EMPLOYMENT.
19 (c) Where the applicant is not a resident of the
20 Commonwealth, administrators shall require the applicant to
21 submit with the application for employment a report of Federal
22 criminal history record information pursuant to the Federal
23 Bureau of Investigation appropriation of Title II of Public Law
24 92-544, 86 Stat. 1115, and the department shall be the
25 intermediary for the purposes of this section.
26 (d) The State Board of Education shall, in the manner
27 provided by law, promulgate the regulations necessary to carry
28 out this section. The regulations shall provide for the
29 confidentiality of criminal history record information obtained
30 pursuant to this act.
19850H1139B1956 - 2 -
1 (E) NO PERSON SUBJECT TO THIS ACT SHALL BE EMPLOYED IN A <--
2 PUBLIC OR PRIVATE SCHOOL, INTERMEDIATE UNIT OR AREA VOCATIONAL
3 TECHNICAL SCHOOL WHERE THE REPORT OF CRIMINAL HISTORY RECORD
4 INFORMATION INDICATES THE APPLICANT HAS BEEN CONVICTED, WITHIN
5 FIVE YEARS IMMEDIATELY PRECEDING THE DATE OF THE REPORT, OF ONE
6 OR MORE OF THE FOLLOWING OFFENSES UNDER TITLE 18 OF THE
7 PENNSYLVANIA CONSOLIDATED STATUTES:
8 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
9 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
10 SECTION 2901 (RELATING TO KIDNAPPING).
11 SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).
12 SECTION 3121 (RELATING TO RAPE).
13 SECTION 3122 (RELATING TO STATUTORY RAPE.
14 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
15 INTERCOURSE).
16 SECTION 3126 (RELATING TO INDECENT ASSAULT).
17 SECTION 3127 (RELATING TO INDECENT EXPOSURE).
18 SECTION 4303 (RELATING TO CONCEALING DEATH OF CHILD BORN
19 OUT OF WEDLOCK).
20 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
21 CHILDREN).
22 SECTION 4305 (RELATING TO DEALING IN INFANT CHILDREN).
23 A FELONY OFFENSE UNDER SECTION 5902(B) (RELATING TO
24 PROSTITUTION AND RELATED OFFENSES).
25 SECTION 5903(C) OR (D) (RELATING TO OBSCENE AND OTHER
26 SEXUAL MATERIALS).
27 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
28 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
29 (e) (F) The requirements of this section shall not apply to <--
30 employes of public and private schools, intermediate units and
19850H1139B1956 - 3 -
1 area vocational-technical schools who meet all the following
2 requirements:
3 (1) The employes are under twenty-one (21) years of age.
4 (2) They are employed for periods of ninety (90) days or
5 less.
6 (3) They are a part of a job development and/or job training
7 program funded in whole or in part by public or private sources.
8 Once employment of a person who meets these conditions extends
9 beyond ninety (90) days, all requirements of this section shall
10 take effect.
11 (G) AN ADMINISTRATOR, OR OTHER PERSON RESPONSIBLE FOR <--
12 EMPLOYMENT DECISIONS IN A SCHOOL OR OTHER INSTITUTION UNDER THIS
13 SECTION WHO WILFULLY FAILS TO COMPLY WITH THE PROVISIONS OF THIS <--
14 SECTION COMMITS A VIOLATION OF THIS ACT AND SHALL BE SUBJECT TO
15 CIVIL PENALTY AS PROVIDED IN THIS SECTION.
16 (1) THE DEPARTMENT SHALL HAVE JURISDICTION TO DETERMINE
17 VIOLATORS OF THIS SECTION AND MAY, FOLLOWING A HEARING, ASSESS A
18 CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS
19 ($2,500).
20 (2) THE CIVIL PENALTY SHALL BE PAYABLE TO THE COMMONWEALTH.
21 (H) NO PERSON EMPLOYED IN A PUBLIC OR PRIVATE SCHOOL ON THE
22 EFFECTIVE DATE OF THIS SECTION SHALL BE REQUIRED TO OBTAIN THE
23 INFORMATION REQUIRED HEREIN AS A CONDITION OF CONTINUED
24 EMPLOYMENT. ANY PERSON WHO HAS ONCE OBTAINED THE INFORMATION
25 REQUIRED UNDER THIS SECTION MAY TRANSFER TO ANOTHER SCHOOL IN
26 THE SAME DISTRICT OR ESTABLISHED AND SUPERVISED BY THE SAME
27 ORGANIZATION AND SHALL NOT BE REQUIRED TO OBTAIN ADDITIONAL
28 REPORTS BEFORE MAKING SUCH TRANSFER.
29 Section 2. This act shall take effect January 1, 1986.
D30L24JAM/19850H1139B1956 - 4 -