THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TRUITT, CREIGHTON, DAVIDSON, GEIST, KAUFFMAN, KNOWLES, MOUL, PAYTON, ROCK AND ROSS, APRIL 4, 2012

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2012  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in background checks for employment in

schools, further providing for definitions, for requirement

relating to administrators and for fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 6354, 6355(b) and 6357 of Title 23 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 6354.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant."  An individual who applies for a position as a

school employee or as a volunteer. The term includes an

individual who transfers from one position as a school employee

to another position as a school employee.

"Administrator."  The person responsible for the

administration of a public or private school, intermediate unit

or area vocational-technical school. The term includes a person

responsible for employment decisions in a school and an

independent contractor.

"Volunteer."  A person who provides services to a public or

private school, intermediate unit or area vocational-technical

school without compensation or other remuneration from the

public or private school, intermediate unit or area vocational-

technical school for the services.

§ 6355.  Requirement.

* * *

(b)  Grounds for denying employment.--

(1)  Except as provided in section 6356 (relating to

exceptions), an administrator shall not hire an applicant or

permit a volunteer to perform services if the department

verifies that the applicant is named as the perpetrator of a

founded report or is named as the individual responsible for

injury or abuse in a founded report for school employee.

(2)  No individual who is a school employee on the

effective date of this subchapter shall be required to obtain

an official clearance statement under subsection (a)(1) as a

condition of continued employment.

(3)  No individual who is a volunteer on the effective

date of this paragraph shall be required to obtain an

official clearance statement under subsection (a)(1) as a

condition of providing continued services as a volunteer,

unless the board of directors of the school district

expressly authorizes such condition.

* * *

§ 6357.  Fee.

(a)  General rule.--The department may charge a fee of not

more than $10 for the official clearance statement required

under section 6355(a) (relating to requirement).

(b)  Exception.--The department may not charge a fee to an

administrator or volunteer for obtaining an official clearance

statement required under section 6355(a) that relates to the

volunteer.

Section 2.  This act shall take effect in 60 days.