THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, PICCOLA, DINNIMAN, WASHINGTON, FARNESE, FONTANA, RAFFERTY, COSTA, WAUGH, BROWNE AND BOSCOLA, NOVEMBER 28, 2011

REFERRED TO EDUCATION, NOVEMBER 28, 2011  

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," providing for employment history

review.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 111.1.  Employment History Review.--(a)  (1)  This

section shall apply to all prospective employes of public and

private schools, intermediate units and area vocational-

technical schools, including, but not limited to, teachers,

substitutes, janitors, cafeteria workers, independent

contractors and their employes, except those employes and

independent contractors and their employes who have no direct

contact with children.

(2)  This section shall apply to bus drivers offered

employment by a school district, private school, nonpublic

school, intermediate unit or area vocational-technical school or

by an independent contractor.

(b)  In addition to fulfilling the requirements of section

111, before a school entity may offer employment to an applicant

for a position with the school entity, the school entity shall:

(1)  Require the applicant to provide:

(i)  A list of the applicant's current and former employers

who are school entities.

(ii)  A written authorization that authorizes the applicant's

current and former employers that are education providers to

disclose the information requested under subsection (c).

(iii)  A written statement of whether the applicant:

(A)  has been the subject of a substantiated report of child

abuse or sexual conduct; or

(B)  is the subject of an ongoing investigation related to a

report of suspected child abuse or sexual conduct.

(2)  (Reserved).

(c)  Conduct a review of the employment history of the

applicant by contacting the three most recent employers of the

applicant who are school entities and requesting or verifying

the following:

(1)  the dates of employment of the applicant by the school

entities;

(2)  whether the applicant was the subject of any

substantiated reports of child abuse or sexual conduct related

to the applicant's employment with the school entity, and the

dates of any substantiated reports;

(3)  the definitions of child abuse and sexual conduct used

by the school entity when the school entity determined that any

reports were substantiated; and

(4)  the standards used by the education provider to

determine whether any reports were substantiated.

(d)  Inquire with the Professional Standards and Practices

Commission to determine whether the Commission has information

relating to conduct of the applicant that may constitute child

abuse or sexual conduct.

(e)  (1)  No later than twenty (20) days after receiving a

request under subsection (c), a school entity that has or has

had an employment relationship with the applicant shall disclose

the information requested.

(2)  A school entity may disclose the information on a

standardized form, developed by the Department of Education, and

is not required to provide any additional information related to

a substantiated report of child abuse or sexual conduct other

than the information that is required under subsection (c).

(3)  Information received under this section is confidential

and is not a public record for the purposes of the act of

February 14, 2008, (P.L.6, No.3), known as the "Right-to-Know

Law." A school entity may use the information only for the

purpose of evaluating an applicant's eligibility to be hired.

(f)  (1)  A school entity may not hire an applicant who does

not comply with the requirements of this section.

(2)  A school entity may hire an applicant on a conditional

basis pending the school entity's review of information and

records received under this section.

(3)  A school entity may not deny an applicant employment

solely because a current or former employer of an applicant

fails or refuses to comply with the requirements of subsection

(e) or the applicant has or had an out-of-State employer and the

laws or rules of that state prevent the release of information

or records requested under subsection (e).

(g)  A school entity may not enter into a collective

bargaining agreement, an employment contract, an agreement for

resignation or termination, a severance agreement or any other

contract or agreement that:

(1)  has the effect of suppressing information relating to an

ongoing investigation related to a report of suspect child abuse

or sexual conduct or relating to a substantiated report of child

abuse or sexual conduct by a current or former employe;

(2)  affects the duties of the school entity to report

suspected child abuse or sexual conduct or to discipline a

current or former employe for a substantiated report of child

abuse or sexual conduct;

(3)  impairs the ability of the school entity to discipline

an employe for a substantiated report of child abuse or sexual

conduct; or

(4)  requires the school entity to expunge substantiated

information about child abuse or sexual conduct from any

documents maintained by a school entity.

(h)  Any provision of an employment contract or agreement

that is contrary to this section is void and unenforceable.

(i)  Nothing in this section shall be construed to prevent a

school entity from entering into a collective bargaining

agreement that includes standards for investigation of a report

of child abuse or sexual conduct.

(j)  Nothing in this section shall be construed to relieve a

school entity of its legal responsibility to report suspected

incidents of child abuse in accordance with the provisions of 23

Pa.C.S. Ch. 63, Subch B (relating to provisions and

responsibilities for reporting suspected child abuse).

(k)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Child abuse" shall have the definition given to it under 23

Pa.C.S. § 6303(b)(1) (relating to definitions).

"Sexual conduct" shall mean any verbal or physical conduct by

a school employe that:

(1)  is sexual in nature;

(2)  is directed toward a kindergarten through grade twelve

student;

(3)  has the effect of unreasonably interfering with a

student's educational performance; and

(4)  creates an intimidating, hostile or offensive

educational environment.

"School entity" shall mean any public school, including a

charter school or cyber charter school, private school,

intermediate unit or area vocational-technical school operating

within this Commonwealth.

"Substantiated report" shall mean a report of child abuse or

sexual conduct that:

(1)  a school entity has reasonable cause to believe is

founded based on the available evidence after conducting an

investigation; and

(2)  involves conduct that the education provider determines

is sufficiently serious to be documented in the school employe's

personnel file.

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