HOUSE AMENDED

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

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2010   

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 a major 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 

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immediately.

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