THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, PICCOLA, DINNIMAN, WASHINGTON, FARNESE, FONTANA, RAFFERTY, COSTA, WAUGH, BROWNE AND BOSCOLA, JANUARY 13, 2012

REFERRED TO EDUCATION, JANUARY 13, 2012  

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, nonpublic 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.

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

current and former employers to disclose the information

requested under subsection (c).

(iii)  A written statement of whether the applicant:

(A)  has been the subject of an abuse or sexual misconduct

investigation by any employer or child protective services

agency; 

(B)  has ever been the subject of any misconduct

investigation not related to abuse or sexual misconduct by any

employer;

(C)  has ever resigned from or otherwise separated from any

employment while allegations of any abuse or misconduct as

described in paragraph (A) or (B) were pending or under

investigation;

(D)  has ever been disciplined, discharged, non-renewed or

asked to resigned from employment; or

(E)  has ever had a license, professional license or

certificate suspended or revoked.

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

applicant by contacting the current and all past employers of

the applicant and requesting the following information, as well

as any records relating to the information requested under

subclause (ii):

(i)  the dates of employment of the applicant;

(ii)  whether the applicant:

(A)  was the subject of any abuse or sexual misconduct

investigation by any employer or child protective services

agency;

(B)  was the subject of any misconduct investigation not

related to child abuse or sexual misconduct;

(C)  resigned from or otherwise separated from any employment

while allegations of misconduct were pending or under

investigation;

(D)  has ever been disciplined, discharged, non-renewed or

asked to resign from employment; or

(E)  has ever had a license, professional license or

certificate suspended or revoked.

(3)  Check the certification status of any professional

employe to determine that the applicant holds valid and active

certification and whether the applicant has been the subject of

public professional discipline.

(c)  An applicant who wilfully fails to disclose the

information required in subsection (b) shall be subject to

discipline up to, and including, termination or denial of

employment and may be subject to criminal prosecution under 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities), and in the case of an employe, the employee shall

be subject to discipline under the act of December 12, 1973

(P.L.397, No.141), known as the "Professional Educator

Discipline Act."

(d)  The current or former employer of the applicant shall

provide information and all records in the possession of the

employer related to subsection (b)(2) as requested under this

section in accordance with the provisions of subsection (e).

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

request under subsection (d), an employer that has or had an

employment relationship with the applicant shall disclose the

information and records requested.

(2)  An employer shall disclose the information on a

standardized form, developed by the Department of Education, and

shall provide any supporting records with the standardized form.

(3)  Information received under this section 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," except where the

information satisfies an exception to the "Right-to-Know Law." A

school entity receiving the information under subsection (d) may

use the information only for the purpose of evaluating an

applicant's fitness to be hired or for continued employment.

(4)  An employer that provides information or records as

required under this section about a current or former employe to

a prospective employer shall be immune from civil liability for

the disclosure of the information unless the information or

records provided were knowingly false.

(5)  Except where the laws of other states prevent the

release of the information or records requested, the failure of

the school entity or employer in which the applicant had contact

with children to provide the information and records as

requested may result in a penalty not to exceed ten thousand

dollars ($10,000). In the case of a school entity, failure to

respond may also subject the school administrator to discipline

in accordance with the "Professional Educator Discipline Act."

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

not provide the information required under subsection (b).

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

basis for a period not to exceed ninety (90) days pending the

school entity's review of information and records received under

this section on the condition that the applicant has no direct

contact with children.

(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 or take any action that:

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

investigation related to a report of suspect abuse, sexual

misconduct or other misconduct by a current or former employe;

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

suspected abuse, sexual misconduct or other misconduct to the

appropriate authorities;

(3)  impairs the responsibility or ability of the school

entity to discipline an employe for abuse, sexual misconduct or

other misconduct; or

(4)  requires the school entity to expunge information about

allegations or findings of abuse, sexual misconduct or other

misconduct 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 abuse, sexual misconduct or other misconduct.

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

school entity of its legal responsibility to report suspected

incidents of 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:

"Abuse" shall mean conduct that falls under the purview and

reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child

protective services).

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

charter school or cyber charter school, private school,

nonpublic school, intermediate unit or area vocational-technical

school operating within this Commonwealth.

"Sexual misconduct" shall mean any act, including, but not

limited to, any verbal, non-verbal, written or electronic

communication or physical activity, directed toward or with a

child or a student regardless of the age of the child or student

that is designed to establish a romantic or sexual relationship

with the child or student. Such prohibited acts include, but are

not limited to:

(1)  sexual or romantic involvement;

(2)  dating or soliciting dates;

(3)  engaging in sexualized or romantic dialog;

(4)  making sexually suggestive comments;

(5)  self-disclosure or physical exposure of a sexual,

romantic or erotic nature; or

(6)  any sexual, indecent, romantic or erotic contact with

the child or student.

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