1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in background checks for employment in
3schools, further providing for definitions, for requirement
4relating to administrators and for fee.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 6354, 6355(b) and 6357 of Title 23 of
8the Pennsylvania Consolidated Statutes are amended to read:

9§ 6354. Definitions.

10The following words and phrases when used in this subchapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Applicant." An individual who applies for a position as a
14school employee or as a volunteer. The term includes an
15individual who transfers from one position as a school employee
16to another position as a school employee.

17"Administrator." The person responsible for the
18administration of a public or private school, intermediate unit
19or area vocational-technical school. The term includes a person

1responsible for employment decisions in a school and an
2independent contractor.

3"Volunteer." A person who provides services to a public or
4private school, intermediate unit or area vocational-technical
5school without compensation or other remuneration from the
6public or private school, intermediate unit or area vocational-
7technical school for the services.

8§ 6355. Requirement.

9* * *

10(b) Grounds for denying employment.--

11(1) Except as provided in section 6356 (relating to
12exceptions), an administrator shall not hire an applicant or 
13permit a volunteer to perform services if the department
14verifies that the applicant is named as the perpetrator of a
15founded report or is named as the individual responsible for
16injury or abuse in a founded report for school employee.

17(2) No individual who is a school employee on the
18effective date of this subchapter shall be required to obtain
19an official clearance statement under subsection (a)(1) as a
20condition of continued employment.

21(3) No individual who is a volunteer on the effective
22date of this paragraph shall be required to obtain an
23official clearance statement under subsection (a)(1) as a
24condition of providing continued services as a volunteer,
25unless the board of directors of the school district
26expressly authorizes such condition.

27* * *

28§ 6357. Fee.

29(a) General rule.--The department may charge a fee of not
30more than $10 for the official clearance statement required

1under section 6355(a) (relating to requirement).

2(b) Exception.--The department may not charge a fee to an
3administrator or volunteer for obtaining an official clearance
4statement required under section 6355(a) that relates to the
5volunteer.

6Section 2. This act shall take effect in 60 days.