THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 2, 2009   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for

disqualifications relating to teacher's certificate.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1209 of the act of March 10, 1949 (P.L.

30, No.14), known as the Public School Code of 1949, amended

April 15, 1959 (P.L.41, No.16) and June 24, 1959 (P.L.485, No.

110), is amended to read:

Section 1209.  Disqualifications.--No teacher's certificate

shall be granted to any person who [has]:

(1)  Has not submitted, upon a blank furnished by the

[Superintendent of Public Instruction] Secretary of Education, a

certificate from a physician [legally qualified to practice

medicine], certified registered nurse practitioner or physician

assistant licensed or certified in this Commonwealth, or in any

other state or the District of Columbia, setting forth that

[said] the applicant is [neither mentally nor physically

disqualified, by reason of tuberculosis or any other

communicable disease or by reason of mental disorder] not

disqualified by reason of a mental or physical disability or a

communicable disease from the successful performance of the

[duties of a teacher; nor to any person who has not] essential

functions of a teacher with or without a reasonable

accommodation.

(2)  Does not have a good moral character[, or who is].

(3)  [in the habit of using opium or other narcotic drugs in

any form, or any intoxicating drink as a beverage, or to any

applicant who has] Engages in the illegal use of controlled

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substances or alcoholic beverages or has been convicted,

adjudicated delinquent, or plead guilty or nolo contendere for a

violation of the act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, or

an alcohol-related criminal or civil offense.

(4)  Has a [major] physical or mental disability [or defect] 

as documented by competent medical evidence, which after

reasonable accommodation of such disability as required by law,

substantially interferes with major life activities, unless

[such a] the person submits a certificate signed by an official

of the college or university from which [he] the person was

graduated or of an appropriate rehabilitation agency, certifying

that in the opinion of [such] the official the applicant, by

[his] work and activities, demonstrated that [he is sufficiently

adjusted, trained and motivated to perform the duties of a

teacher, notwithstanding his impediment] the applicant is able

to perform the essential functions of his employment with or

without reasonable accommodation. applicant who has a major

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physical disability or defect unless such a person submits a

certificate signed by an official of the college or university

from which he was graduated or of an appropriate rehabilitation

agency, certifying that in the opinion of such official the

applicant, by his work and activities, demonstrated that he is

sufficiently adjusted, trained and motivated to perform the

duties of a teacher, notwithstanding his impediment.] Engages in

the illegal use of controlled substances or alcoholic beverages. 

An applicant for certification may overcome the disqualification

under this paragraph and receive a teaching certificate if the

applicant is reviewed by the Department of Education pursuant to

the requirement of paragraph (2) and determined to be of good

moral character.

Section 2.  Any regulations of the Department of Education

that are inconsistent with this act are hereby abrogated to the

extent of the inconsistency.

Section 3.  This act shall take effect in 60 days.