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| PRIOR PRINTER'S NO. 1890 | PRINTER'S NO. 2138 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS, PICCOLA, DINNIMAN, WASHINGTON, FARNESE, FONTANA, RAFFERTY, COSTA, WAUGH, BROWNE AND BOSCOLA, JANUARY 13, 2012 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MAY 1, 2012 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," providing for employment history |
6 | review. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
10 | as the Public School Code of 1949, is amended by adding a |
11 | section to read: |
12 | Section 111.1. Employment History Review.--(a) (1) This | <-- |
13 | section shall apply to all prospective employes of public and |
14 | private schools, nonpublic schools, intermediate units and area |
15 | vocational-technical schools, including, but not limited to, |
16 | teachers, substitutes, janitors, cafeteria workers, independent |
17 | contractors and their employes, except those employes and |
18 | independent contractors and their employes who have no direct |
19 | contact with children. |
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1 | (2) This section shall apply to bus drivers offered |
2 | employment by a school district, private school, nonpublic |
3 | school, intermediate unit or area vocational-technical school or |
4 | by an independent contractor. |
5 | (b) In addition to fulfilling the requirements of section |
6 | 111, before a school entity may offer employment to an applicant |
7 | for a position with the school entity, the school entity shall: |
8 | (1) Require the applicant to provide: |
9 | (i) A list of the applicant's current and former employers. |
10 | (ii) A written authorization that authorizes the applicant's |
11 | current and former employers to disclose the information |
12 | requested under subsection (c). |
13 | (iii) A written statement of whether the applicant: |
14 | (A) has been the subject of an abuse or sexual misconduct |
15 | investigation by any employer or child protective services |
16 | agency; |
17 | (B) has ever been the subject of any misconduct |
18 | investigation not related to abuse or sexual misconduct by any |
19 | employer; |
20 | (C) has ever resigned from or otherwise separated from any |
21 | employment while allegations of any abuse or misconduct as |
22 | described in paragraph (A) or (B) were pending or under |
23 | investigation; |
24 | (D) has ever been disciplined, discharged, non-renewed or |
25 | asked to resigned from employment; or |
26 | (E) has ever had a license, professional license or |
27 | certificate suspended or revoked. |
28 | (2) Conduct a review of the employment history of the |
29 | applicant by contacting the current and all past employers of |
30 | the applicant and requesting the following information, as well |
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1 | as any records relating to the information requested under |
2 | subclause (ii): |
3 | (i) the dates of employment of the applicant; |
4 | (ii) whether the applicant: |
5 | (A) was the subject of any abuse or sexual misconduct |
6 | investigation by any employer or child protective services |
7 | agency; |
8 | (B) was the subject of any misconduct investigation not |
9 | related to child abuse or sexual misconduct; |
10 | (C) resigned from or otherwise separated from any employment |
11 | while allegations of misconduct were pending or under |
12 | investigation; |
13 | (D) has ever been disciplined, discharged, non-renewed or |
14 | asked to resign from employment; or |
15 | (E) has ever had a license, professional license or |
16 | certificate suspended or revoked. |
17 | (3) Check the certification status of any professional |
18 | employe to determine that the applicant holds valid and active |
19 | certification and whether the applicant has been the subject of |
20 | public professional discipline. |
21 | (c) An applicant who wilfully fails to disclose the |
22 | information required in subsection (b) shall be subject to |
23 | discipline up to, and including, termination or denial of |
24 | employment and may be subject to criminal prosecution under 18 |
25 | Pa.C.S. § 4904 (relating to unsworn falsification to |
26 | authorities), and in the case of an employe, the employee shall |
27 | be subject to discipline under the act of December 12, 1973 |
28 | (P.L.397, No.141), known as the "Professional Educator |
29 | Discipline Act." |
30 | (d) The current or former employer of the applicant shall |
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1 | provide information and all records in the possession of the |
2 | employer related to subsection (b)(2) as requested under this |
3 | section in accordance with the provisions of subsection (e). |
4 | (e) (1) No later than twenty (20) days after receiving a |
5 | request under subsection (d), an employer that has or had an |
6 | employment relationship with the applicant shall disclose the |
7 | information and records requested. |
8 | (2) An employer shall disclose the information on a |
9 | standardized form, developed by the Department of Education, and |
10 | shall provide any supporting records with the standardized form. |
11 | (3) Information received under this section is not a public |
12 | record for the purposes of the act of February 14, 2008 (P.L.6, |
13 | No.3), known as the "Right-to-Know Law," except where the |
14 | information satisfies an exception to the "Right-to-Know Law." A |
15 | school entity receiving the information under subsection (d) may |
16 | use the information only for the purpose of evaluating an |
17 | applicant's fitness to be hired or for continued employment. |
18 | (4) An employer that provides information or records as |
19 | required under this section about a current or former employe to |
20 | a prospective employer shall be immune from civil liability for |
21 | the disclosure of the information unless the information or |
22 | records provided were knowingly false. |
23 | (5) Except where the laws of other states prevent the |
24 | release of the information or records requested, the failure of |
25 | the school entity or employer in which the applicant had contact |
26 | with children to provide the information and records as |
27 | requested may result in a penalty not to exceed ten thousand |
28 | dollars ($10,000). In the case of a school entity, failure to |
29 | respond may also subject the school administrator to discipline |
30 | in accordance with the "Professional Educator Discipline Act." |
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1 | (f) (1) A school entity may not hire an applicant who does |
2 | not provide the information required under subsection (b). |
3 | (2) A school entity may hire an applicant on a conditional |
4 | basis for a period not to exceed ninety (90) days pending the |
5 | school entity's review of information and records received under |
6 | this section on the condition that the applicant has no direct |
7 | contact with children. |
8 | (3) A school entity may not deny an applicant employment |
9 | solely because a current or former employer of an applicant |
10 | fails or refuses to comply with the requirements of subsection |
11 | (e) or the applicant has or had an out-of-State employer and the |
12 | laws or rules of that state prevent the release of information |
13 | or records requested under subsection (e). |
14 | (g) A school entity may not enter into a collective |
15 | bargaining agreement, an employment contract, an agreement for |
16 | resignation or termination, a severance agreement or any other |
17 | contract or agreement or take any action that: |
18 | (1) has the effect of suppressing information relating to an |
19 | investigation related to a report of suspect abuse, sexual |
20 | misconduct or other misconduct by a current or former employe; |
21 | (2) affects the duties of the school entity to report |
22 | suspected abuse, sexual misconduct or other misconduct to the |
23 | appropriate authorities; |
24 | (3) impairs the responsibility or ability of the school |
25 | entity to discipline an employe for abuse, sexual misconduct or |
26 | other misconduct; or |
27 | (4) requires the school entity to expunge information about |
28 | allegations or findings of abuse, sexual misconduct or other |
29 | misconduct from any documents maintained by a school entity. |
30 | (h) Any provision of an employment contract or agreement |
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1 | that is contrary to this section is void and unenforceable. |
2 | (i) Nothing in this section shall be construed to prevent a |
3 | school entity from entering into a collective bargaining |
4 | agreement that includes standards for investigation of a report |
5 | of abuse, sexual misconduct or other misconduct. |
6 | (j) Nothing in this section shall be construed to relieve a |
7 | school entity of its legal responsibility to report suspected |
8 | incidents of abuse in accordance with the provisions of 23 |
9 | Pa.C.S. Ch. 63 Subch. B (relating to provisions and |
10 | responsibilities for reporting suspected child abuse). |
11 | (k) As used in this section, the following words and phrases |
12 | shall have the meanings given to them in this subsection: |
13 | "Abuse" shall mean conduct that falls under the purview and |
14 | reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child |
15 | protective services). |
16 | "School entity" shall mean any public school, including a |
17 | charter school or cyber charter school, private school, |
18 | nonpublic school, intermediate unit or area vocational-technical |
19 | school operating within this Commonwealth. |
20 | "Sexual misconduct" shall mean any act, including, but not |
21 | limited to, any verbal, non-verbal, written or electronic |
22 | communication or physical activity, directed toward or with a |
23 | child or a student regardless of the age of the child or student |
24 | that is designed to establish a romantic or sexual relationship |
25 | with the child or student. Such prohibited acts include, but are |
26 | not limited to: |
27 | (1) sexual or romantic involvement; |
28 | (2) dating or soliciting dates; |
29 | (3) engaging in sexualized or romantic dialog; |
30 | (4) making sexually suggestive comments; |
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1 | (5) self-disclosure or physical exposure of a sexual, |
2 | romantic or erotic nature; or |
3 | (6) any sexual, indecent, romantic or erotic contact with |
4 | the child or student. |
5 | Section 111.1. Employment History Review.--(a) This section | <-- |
6 | shall apply to all positions for employment at school entities |
7 | and independent contractors of school entities involving direct |
8 | contact with children. |
9 | (b) In addition to fulfilling the requirements of section |
10 | 111 and 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to background |
11 | checks for employment in schools), before a school entity or |
12 | independent contractor may offer employment to an applicant who |
13 | would be employed by or in a school entity in a position |
14 | involving direct contact with children, the school entity or |
15 | independent contractor shall: |
16 | (1) Require the applicant to provide: |
17 | (i) A list, including name, address, telephone number and |
18 | other relevant contact information of the applicant's: |
19 | (A) Current employer. |
20 | (B) All former employers that were school entities. |
21 | (C) All former employers where the applicant was employed in |
22 | positions that involved direct contact with children. |
23 | (D) All other former employers subsequent to the applicant's |
24 | eighteenth birthday and within the previous ten (10) years. |
25 | (ii) A written authorization that consents to and authorizes |
26 | disclosure by the applicant's current and former employers in |
27 | subparagraph (i) of the information requested under paragraph |
28 | (2) and the release of related records and that releases those |
29 | employers from liability that may arise from such disclosure or |
30 | release of records pursuant to subsection (d)(5). |
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1 | (iii) A written statement of whether the applicant: |
2 | (A) has been the subject of an abuse or sexual misconduct |
3 | investigation by any employer, State licensing agency, law |
4 | enforcement agency or child protective services agency, unless |
5 | the investigation resulted in a finding that the allegations |
6 | were false; |
7 | (B) has ever been disciplined, discharged, nonrenewed, asked |
8 | to resign from employment, resigned from or otherwise separated |
9 | from any employment while allegations of abuse or sexual |
10 | misconduct as described in clause (A) were pending or under |
11 | investigation, or due to an adjudication or findings of abuse or |
12 | sexual misconduct as described in clause (A); or |
13 | (C) has ever had a license, professional license or |
14 | certificate suspended, surrendered or revoked while allegations |
15 | of abuse or sexual misconduct as described in clause (A) were |
16 | pending or under investigation, or due to an adjudication or |
17 | findings of abuse or sexual misconduct as described in clause |
18 | (A). |
19 | (2) Conduct a review of the employment history of the |
20 | applicant by contacting those employers listed by the applicant |
21 | under the provisions of paragraph (1)(i) and requesting the |
22 | following information: |
23 | (i) The dates of employment of the applicant. |
24 | (ii) A statement as to whether the applicant: |
25 | (A) was the subject of any abuse or sexual misconduct |
26 | investigation by any employer, State licensing agency, law |
27 | enforcement agency or child protective services agency, unless |
28 | such investigation resulted in a finding that the allegations |
29 | were false; |
30 | (B) was disciplined, discharged, nonrenewed, asked to resign |
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1 | from employment, resigned from or otherwise separated from any |
2 | employment while allegations of abuse or sexual misconduct as |
3 | described in clause (A) were pending or under investigation, or |
4 | due to an adjudication or findings of abuse or sexual misconduct |
5 | described in clause (A); or |
6 | (C) has ever had a license, professional license or |
7 | certificate suspended, surrendered or revoked while allegations |
8 | of abuse or sexual misconduct as described in clause (A) were |
9 | pending or under investigation, or due to an adjudication or |
10 | findings of abuse or sexual misconduct as described in clause |
11 | (A). |
12 | (3) Check the eligibility for employment or certification |
13 | status of any applicant involving direct contact with children |
14 | to determine whether the applicant holds valid and active |
15 | certification appropriate for the position and is otherwise |
16 | eligible for employment and whether the applicant has been the |
17 | subject of public professional discipline. |
18 | (c) An applicant who provides false information or wilfully |
19 | fails to disclose information required in subsection (b) shall |
20 | be subject to discipline up to, and including, termination or |
21 | denial of employment and may be subject to criminal prosecution |
22 | under 18 Pa.C.S. § 4904 (relating to unsworn falsification to |
23 | authorities), and may be subject to civil penalties and |
24 | professional discipline in accordance with subsection (k). |
25 | (d) (1) No later than twenty (20) days after receiving a |
26 | request for information required under subsection (b)(2), an |
27 | employer that has or had an employment relationship with the |
28 | applicant shall disclose the information requested. |
29 | (2) The employer shall disclose the information on a |
30 | standardized form developed by the Department of Education. |
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1 | (3) (i) After reviewing the information initially disclosed |
2 | under paragraph (1) and finding an affirmative response to |
3 | subsection (b)(1)(A), (B) or (C) or (2)(A), (B) or (C), where |
4 | the prospective employing school entity or contractor makes a |
5 | determination to further consider the applicant for employment, |
6 | the school entity or contractor shall request that former |
7 | employers provide additional information about the matters |
8 | disclosed and all related records. |
9 | (ii) Former employers shall provide the additional |
10 | information requested no later than sixty (60) days after the |
11 | prospective employer's request under this paragraph. |
12 | (4) (i) Information received under this section shall not |
13 | be deemed a public record for the purposes of the act of |
14 | February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know |
15 | Law." |
16 | (ii) A school entity that receives the information under |
17 | this subsection may use the information for the purpose of |
18 | evaluating an applicant's fitness to be hired or for continued |
19 | employment and may report the information as appropriate to the |
20 | Department of Education, a State licensing agency, law |
21 | enforcement agency, child protective services agency, another |
22 | school entity or prospective employer. |
23 | (5) An employer, school entity, school administrator or |
24 | independent contractor that provides information or records |
25 | about a current or former employe or applicant shall be immune |
26 | from criminal liability under 23 Pa.C.S. Ch. 63 (relating to |
27 | child protective services) and the act of December 12, 1973 |
28 | (P.L.397, No.141), known as the "Professional Educator |
29 | Discipline Act," and civil liability for the disclosure of the |
30 | information, unless the information or records provided were |
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1 | knowingly false. Such immunity shall be in addition to and not |
2 | in limitation of any other immunity provided by law, or any |
3 | absolute or conditional privileges applicable to such |
4 | disclosures by virtue of the circumstances or the applicant's |
5 | consent thereto. |
6 | (6) Except where the laws of other states prevent the |
7 | release of the information or records requested, or disclosure |
8 | is restricted by the terms of a contract entered into prior to |
9 | the effective date of this section, the wilful failure of a |
10 | former employer, school entity, school administrator or |
11 | independent contractor to respond or provide the information and |
12 | records as requested may result in civil penalties, and |
13 | professional discipline where appropriate, in accordance with |
14 | subsection (k). |
15 | (7) Notwithstanding any provision of law to the contrary, an |
16 | employer, school entity, school administrator, independent |
17 | contractor or applicant shall report and disclose in accordance |
18 | with this section all relevant information, records and |
19 | documentation that may otherwise be confidential under 23 |
20 | Pa.C.S. Ch. 63 and the "Professional Educator Discipline Act." |
21 | (e) (1) A school entity or independent contractor may not |
22 | hire an applicant who does not provide the information required |
23 | under subsection (b) for a position involving direct contact |
24 | with children. |
25 | (2) A school entity may hire an applicant on a provisional |
26 | basis for a period not to exceed ninety (90) days pending the |
27 | school entity's review of information and records received under |
28 | this section, provided that all of the following are satisfied: |
29 | (i) The applicant has provided all of the information and |
30 | supporting documentation required under subsection (b). |
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1 | (ii) The school administrator has no knowledge of |
2 | information pertaining to the applicant that would disqualify |
3 | the applicant from employment. |
4 | (iii) The applicant swears or affirms that the applicant is |
5 | not disqualified from employment. |
6 | (iv) The applicant is not permitted to work alone with |
7 | children and works in the immediate vicinity of a permanent |
8 | employe. |
9 | (f) On or after the effective date of this section, a school |
10 | entity or independent contractor may not enter into a collective |
11 | bargaining agreement, an employment contract, an agreement for |
12 | resignation or termination, a severance agreement or any other |
13 | contract or agreement or take any action that: |
14 | (1) has the effect of suppressing information relating to an |
15 | investigation related to a report of suspected abuse or sexual |
16 | misconduct by a current or former employe; |
17 | (2) affects the ability of the school entity or independent |
18 | contractor to report suspected abuse or sexual misconduct to the |
19 | appropriate authorities; or |
20 | (3) requires the school entity or independent contractor to |
21 | expunge information about allegations or findings of suspected |
22 | abuse or sexual misconduct from any documents maintained by the |
23 | school entity or independent contractor, unless after |
24 | investigation the allegations are found to be false. |
25 | (g) Any provision of an employment contract or agreement for |
26 | resignation or termination or a severance agreement that is |
27 | executed, amended or entered into after the effective date of |
28 | this section and that is contrary to this section shall be void |
29 | and unenforceable. |
30 | (h) (1) For substitute employes, the employment history |
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1 | review required by this section shall be required only prior to |
2 | the initial hiring of a substitute or placement on the school |
3 | entity's approved substitute list and shall remain valid as long |
4 | as the substitute continues to be employed by the same school |
5 | entity or remains on the school entity's approved substitute |
6 | list. |
7 | (2) A substitute seeking to be added to another school |
8 | entity's substitute list shall undergo a new employment history |
9 | review. Except as otherwise provided in paragraph (3), the |
10 | appearance of a substitute on one school entity's substitute |
11 | list does not relieve another school entity from compliance with |
12 | this section. |
13 | (3) An employment history review conducted upon initial |
14 | hiring of a substitute employe by an independent contractor, |
15 | intermediate unit or any other entity that furnishes substitute |
16 | staffing services to school entities shall satisfy the |
17 | requirements of this section for all school entities using the |
18 | services of that independent contractor, intermediate unit or |
19 | other entity. |
20 | (4) An independent contractor, intermediate unit or any |
21 | other entity furnishing substitute staffing services to school |
22 | entities shall comply with the provisions of subsection (i)(3) |
23 | and (4). |
24 | (5) For purposes of this subsection, "substitute employe" |
25 | shall not mean school bus drivers employed by an independent |
26 | contractor. |
27 | (i) (1) For employes of independent contractors, the |
28 | employment history review required by this section shall be |
29 | performed, either at the time of the initial hiring of the |
30 | employe or prior to the assignment of an existing employe to |
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1 | perform work for a school entity in a position involving direct |
2 | contact with children. The review shall remain valid as long as |
3 | the employe remains employed by that same independent |
4 | contractor, even though assigned to perform work for other |
5 | school entities. |
6 | (2) An independent contractor shall maintain records |
7 | documenting employment history reviews for all employes as |
8 | required by this section and, upon request, shall provide a |
9 | school entity for whom an employe is assigned to perform work |
10 | access to the records pertaining to that employe. |
11 | (3) Prior to assigning an employe to perform work for a |
12 | school entity in a position involving direct contact with |
13 | children, the independent contractor shall inform the school |
14 | entity of any instance known to the independent contractor in |
15 | which the employe: |
16 | (i) was the subject of any abuse or sexual misconduct |
17 | investigation by any employer, State licensing agency, law |
18 | enforcement authority or child protective services agency, |
19 | unless such investigation resulted in a finding that allegations |
20 | are false; |
21 | (ii) has ever been disciplined, discharged, nonrenewed, |
22 | removed from a substitute list, asked to resign from employment, |
23 | resigned from or otherwise separated from any employment while |
24 | allegations of abuse or sexual misconduct as described in |
25 | subparagraph (i) were pending or under investigation, or due to |
26 | an adjudication or findings of abuse or sexual misconduct as |
27 | described in subparagraph (i); or |
28 | (iii) has ever had a license, professional license or |
29 | certificate suspended, surrendered or revoked while allegations |
30 | of abuse or sexual misconduct as described in subparagraph (i) |
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1 | were pending or under investigation, or due to an adjudication |
2 | or findings of abuse or sexual misconduct as described in |
3 | subparagraph (i). |
4 | (4) The independent contractor may not assign the employe to |
5 | perform work for the school entity in a position involving |
6 | direct contact with children where the school entity objects to |
7 | the assignment after being informed of an instance listed in |
8 | paragraph (3). |
9 | (j) Nothing in this section shall be construed: |
10 | (1) To prevent a prospective employer from conducting |
11 | further investigations of prospective employes or from requiring |
12 | applicants to provide additional background information or |
13 | authorizations beyond what is required under this section, nor |
14 | to prevent a former employer from disclosing more information |
15 | than what is required under this section. |
16 | (2) To relieve a school entity, school administrator or |
17 | independent contractor of its legal responsibility to report |
18 | suspected incidents of abuse in accordance with the provisions |
19 | of 23 Pa.C.S. Ch. 63. |
20 | (3) To relieve a school entity, school administrator or |
21 | independent contractor of its legal responsibility to report |
22 | suspected incidents of professional misconduct in accordance |
23 | with the "Professional Educator Discipline Act." |
24 | (4) To prohibit the right of the exclusive representative |
25 | under a collective bargaining agreement to grieve and arbitrate |
26 | the validity of an employe's termination or discipline for just |
27 | cause or for the causes set forth in this act. |
28 | (k) (1) The Department of Education shall have jurisdiction |
29 | to determine wilful violations of this section and may, |
30 | following a hearing, assess a civil penalty not to exceed ten |
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1 | thousand dollars ($10,000). School entities shall be barred from |
2 | contracting with an independent contractor who is found to have |
3 | wilfully violated the provisions of this section. |
4 | (2) Notwithstanding any provision of law to the contrary, |
5 | the Department of Education may initiate disciplinary action |
6 | before the Professional Standards and Practices Commission |
7 | pursuant to the "Professional Educator Discipline Act" against |
8 | any applicant, employe, independent contractor or school |
9 | administrator who is subject to the "Professional Educator |
10 | Discipline Act" for wilful violations of this section. |
11 | (l) Contractors and school entities shall provide their |
12 | employes who have direct contact with children with mandatory |
13 | training on child abuse recognition and reporting and the |
14 | following shall apply: |
15 | (1) Training shall address, but shall not be limited to, the |
16 | following topics: |
17 | (i) Recognition of the signs of abuse and sexual misconduct |
18 | and reporting requirements for suspected abuse and sexual |
19 | misconduct in this Commonwealth. |
20 | (ii) Provisions of the "Professional Educator Discipline |
21 | Act," including mandatory reporting requirements. |
22 | (iii) School district policies related to reporting of |
23 | suspected abuse and sexual misconduct. |
24 | (iv) Maintenance of professional and appropriate |
25 | relationships with students. |
26 | (2) Independent contractors and school entities may provide |
27 | training through the Internet or other distance communication |
28 | systems. |
29 | (3) Employes shall complete a minimum of three (3) hours of |
30 | training every five (5) years. |
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1 | (4) Employes required to undergo continuing professional |
2 | education under section 1205.2 shall receive credit toward the |
3 | continuing professional education requirements where the |
4 | training program has been approved by the Department of Public |
5 | Welfare or the Department of Education. |
6 | (m) The Department of Education shall develop the forms for |
7 | applicants and employers required under subsection (b)(1) and |
8 | (2), as well as any other forms necessary to carry out the |
9 | provisions of this section. |
10 | (n) As used in this section, the following words and phrases |
11 | shall have the meanings given to them in this subsection: |
12 | "Abuse." Conduct that falls under the purview and reporting |
13 | requirements of 23 Pa.C.S. Ch. 63 (relating to child protective |
14 | services) and is directed toward or against a child or a |
15 | student, regardless of the age of the child or student. |
16 | "Direct contact with children." The possibility of care, |
17 | supervision, guidance or control of children or routine |
18 | interaction with children. |
19 | "School entity." Any public school, including a charter |
20 | school or cyber charter school, private school, nonpublic |
21 | school, intermediate unit or area vocational-technical school |
22 | operating within this Commonwealth. |
23 | "Sexual misconduct." Any act, including, but not limited to, |
24 | any verbal, nonverbal, written or electronic communication or |
25 | physical activity, directed toward or with a child or a student |
26 | regardless of the age of the child or student that is designed |
27 | to establish a romantic or sexual relationship with the child or |
28 | student. Such acts include, but are not limited to: |
29 | (1) Sexual or romantic invitation. |
30 | (2) Dating or soliciting dates. |
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1 | (3) Engaging in sexualized or romantic dialog. |
2 | (4) Making sexually suggestive comments. |
3 | (5) Self-disclosure or physical exposure of a sexual, |
4 | romantic or erotic nature. |
5 | (6) Any sexual, indecent, romantic or erotic contact with |
6 | the child or student. |
7 | Section 2. This act shall take effect in 60 days. |
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