PRIOR PRINTER'S NO. 1535 PRINTER'S NO. 2301
No. 1291 Session of 2005
INTRODUCED BY CURRY, BAKER, BEBKO-JONES, BENNINGHOFF,
CALTAGIRONE, CIVERA, CORNELL, CORRIGAN, CRAHALLA, CREIGHTON,
DONATUCCI, FRANKEL, GEORGE, GOODMAN, HARHAI, HARPER,
W. KELLER, MUSTIO, PISTELLA, ROEBUCK, SCAVELLO, SHANER,
SHAPIRO, SOLOBAY, STABACK, R. STEVENSON, E. Z. TAYLOR, TIGUE,
WALKO, YOUNGBLOOD, MUNDY, THOMAS, SCHRODER, RAPP AND BUXTON,
APRIL 6, 2005
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 22, 2005
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," further providing for background
6 checks of prospective employees and conviction of certain
7 offenses.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 111(a) and (c) of the act of March 10, <--
11 1949 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended December 19, 1990 (P.L.1362, No.211) and July 4, 2004
13 (P.L.536, No.70), are amended to read:
14 SECTION 1. SECTION 111(A), (C) AND (I) OF THE ACT OF MARCH <--
15 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF
16 1949, AMENDED DECEMBER 19, 1990 (P.L.1362, NO.211) AND JULY 4,
17 2004 (P.L.536, NO.70), ARE AMENDED AND THE SECTION IS AMENDED BY
1 ADDING SUBSECTIONS TO READ:
2 Section 111. Background Checks of Prospective Employes;
3 Conviction of Employes of Certain Offenses.--(a) This section
4 shall apply to all prospective employes of public and private
5 schools, intermediate units and area vocational-technical
6 schools, including teachers, substitutes, janitors, cafeteria <--
7 workers, bus drivers, independent contractors and their
8 employes, except those employes and independent contractors and
9 their employes who have no direct contact with children. THIS <--
10 SUBSECTION SHALL EXPIRE MARCH 31, 2006.
11 (A.1) BEGINNING APRIL 1, 2006, THIS SECTION SHALL APPLY TO
12 ALL PROSPECTIVE EMPLOYES OF PUBLIC AND PRIVATE SCHOOLS,
13 INTERMEDIATE UNITS AND AREA VOCATIONAL-TECHNICAL SCHOOLS,
14 INCLUDING, BUT NOT LIMITED TO, TEACHERS, SUBSTITUTES, JANITORS,
15 CAFETERIA WORKERS, BUS DRIVERS, INDEPENDENT CONTRACTORS AND
16 THEIR EMPLOYES, EXCEPT THOSE EMPLOYES AND INDEPENDENT
17 CONTRACTORS AND THEIR EMPLOYES WHO HAVE NO DIRECT CONTACT WITH
18 CHILDREN.
19 * * *
20 (c) [Where the applicant has not been a resident of this <--
21 Commonwealth for at least two (2) years immediately preceding
22 the date of application for employment, administrators] <--
23 Administrators shall require the applicant to submit with the
24 application for employment a set of fingerprints which [may] <--
25 shall be submitted to the Federal Bureau of Investigation for
26 Federal criminal history record information pursuant to the
27 Federal Bureau of Investigation appropriation of Title II of
28 Public Law 92-544, 86 Stat. 1115 or a copy of such Federal
29 criminal history record. Administrators shall forward the set of
30 fingerprints for the Federal criminal history record to the
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1 Department of Education. The Department of Education shall be
2 the intermediary for the purposes of this section. The
3 Department of Education shall return the Federal criminal
4 history record to the applicant. When the applicant provides a
5 copy of the Federal criminal history record, it shall be no more
6 than one (1) year old. Administrators shall maintain a copy of
7 the required information and shall require each applicant to
8 produce a Federal criminal history record that may not be more
9 than one (1) year old at the time of employment. The original
10 Federal criminal history record shall be returned to the
11 applicant. THIS SUBSECTION SHALL EXPIRE MARCH 31, 2006. <--
12 (C.1) BEGINNING APRIL 1, 2006, ADMINISTRATORS SHALL REQUIRE
13 THE APPLICANT TO SUBMIT WITH THE APPLICATION FOR EMPLOYMENT A
14 SET OF FINGERPRINTS WHICH SHALL BE SUBMITTED TO THE FEDERAL
15 BUREAU OF INVESTIGATION FOR FEDERAL CRIMINAL HISTORY RECORD
16 INFORMATION PURSUANT TO THE FEDERAL BUREAU OF INVESTIGATION
17 APPROPRIATION OF TITLE II OF PUBLIC LAW 92-544, 86 STAT. 1115 OR
18 A COPY OF SUCH FEDERAL CRIMINAL HISTORY RECORD. ADMINISTRATORS
19 SHALL FORWARD THE SET OF FINGERPRINTS FOR THE FEDERAL CRIMINAL
20 HISTORY RECORD TO THE DEPARTMENT OF EDUCATION. THE DEPARTMENT OF
21 EDUCATION SHALL BE THE INTERMEDIARY FOR THE PURPOSES OF THIS
22 SECTION. THE DEPARTMENT OF EDUCATION SHALL RETURN THE FEDERAL
23 CRIMINAL HISTORY RECORD TO THE APPLICANT. WHEN THE APPLICANT
24 PROVIDES A COPY OF THE FEDERAL CRIMINAL HISTORY RECORD, IT SHALL
25 BE NO MORE THAN ONE (1) YEAR OLD. ADMINISTRATORS SHALL MAINTAIN
26 A COPY OF THE REQUIRED INFORMATION AND SHALL REQUIRE EACH
27 APPLICANT TO PRODUCE A FEDERAL CRIMINAL HISTORY RECORD THAT MAY
28 NOT BE MORE THAN ONE (1) YEAR. THE ORIGINAL FEDERAL CRIMINAL
29 HISTORY RECORD SHALL BE RETURNED TO THE APPLICANT.
30 * * *
20050H1291B2301 - 3 -
1 (I) NOTWITHSTANDING SUBSECTIONS (B) [AND (C)], (C) AND
2 (C.1), ADMINISTRATORS MAY EMPLOY APPLICANTS ON A PROVISIONAL
3 BASIS FOR A SINGLE PERIOD NOT TO EXCEED THIRTY (30) DAYS OR, FOR
4 OUT-OF-STATE APPLICANTS, A PERIOD OF NINETY (90) DAYS, EXCEPT
5 DURING A LAWFUL STRIKE PROCEEDING UNDER THE PROVISIONS OF THE
6 ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
7 EMPLOYE RELATIONS ACT," PROVIDED THAT ALL OF THE FOLLOWING
8 CONDITIONS ARE MET:
9 (1) THE APPLICANT HAS APPLIED FOR THE INFORMATION REQUIRED
10 UNDER SUBSECTION (B) AND, WHERE APPLICABLE, UNDER SUBSECTION (C)
11 OR (C.1) AND THE APPLICANT PROVIDES A COPY OF THE APPROPRIATE
12 COMPLETED REQUEST FORMS TO THE ADMINISTRATOR;
13 (2) THE ADMINISTRATOR HAS NO KNOWLEDGE OF INFORMATION
14 PERTAINING TO THE APPLICANT WHICH WOULD DISQUALIFY HIM FROM
15 EMPLOYMENT PURSUANT TO SUBSECTION (E);
16 (3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE IS
17 NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (E);
18 (4) IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION (B)
19 [OR (C)], (C) OR (C.1) REVEALS THAT THE APPLICANT IS
20 DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (E), THE
21 APPLICANT SHALL BE SUSPENDED AND SUBJECT TO TERMINATION
22 PROCEEDINGS AS PROVIDED FOR BY LAW; AND
23 (5) THE ADMINISTRATOR REQUIRES THAT THE APPLICANT NOT BE
24 PERMITTED TO WORK ALONE WITH CHILDREN AND THAT THE APPLICANT
25 WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYE.
26 Section 2. This act shall take effect in 60 days <--
27 IMMEDIATELY. <--
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