1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, providing
6for employment history review.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 111.1. Employment History Review.--(a) This section
13shall apply to all positions for employment at school entities
14and independent contractors of school entities involving direct
15contact with children.

16(b) In addition to fulfilling the requirements of section
17111 and 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to background
18checks for employment in schools), before a school entity or
19independent contractor may offer employment to an applicant who

1would be employed by or in a school entity in a position
2involving direct contact with children, the school entity or
3independent contractor shall:

4(1) Require the applicant to provide:

5(i) A list, including name, address, telephone number and
6other relevant contact information of the applicant's:

7(A) Current employer.

8(B) All former employers that were school entities.

9(C) All former employers where the applicant was employed in
10positions that involved direct contact with children.

11(ii) A written authorization that consents to and authorizes
12disclosure by the applicant's current and former employers in
13subparagraph (i) of the information requested under paragraph
14(2) and the release of related records and that releases those
15employers from liability that may arise from such disclosure or
16release of records pursuant to subsection (d)(5).

17(iii) A written statement of whether the applicant:

18(A) has been the subject of an abuse or sexual misconduct
19investigation by any employer, State licensing agency, law
20enforcement agency or child protective services agency, unless
21the investigation resulted in a finding that the allegations
22were false;

23(B) has ever been disciplined, discharged, nonrenewed, asked
24to resign from employment, resigned from or otherwise separated
25from any employment while allegations of abuse or sexual
26misconduct as described in clause (A) were pending or under
27investigation, or due to an adjudication or findings of abuse or
28sexual misconduct as described in clause (A); or

29(C) has ever had a license, professional license or
30certificate suspended, surrendered or revoked while allegations

1of abuse or sexual misconduct as described in clause (A) were
2pending or under investigation, or due to an adjudication or
3findings of abuse or sexual misconduct as described in clause
4(A).

5(2) Conduct a review of the employment history of the
6applicant by contacting those employers listed by the applicant
7under the provisions of paragraph (1)(i) and requesting the
8following information:

9(i) The dates of employment of the applicant.

10(ii) A statement as to whether the applicant:

11(A) was the subject of any abuse or sexual misconduct
12investigation by any employer, State licensing agency, law
13enforcement agency or child protective services agency, unless
14such investigation resulted in a finding that the allegations
15were false;

16(B) was disciplined, discharged, nonrenewed, asked to resign
17from employment, resigned from or otherwise separated from any
18employment while allegations of abuse or sexual misconduct as
19described in clause (A) were pending or under investigation, or
20due to an adjudication or findings of abuse or sexual misconduct
21described in clause (A); or

22(C) has ever had a license, professional license or
23certificate suspended, surrendered or revoked while allegations
24of abuse or sexual misconduct as described in clause (A) were
25pending or under investigation, or due to an adjudication or
26findings of abuse or sexual misconduct as described in clause
27(A).

28(3) Check the eligibility for employment or certification
29status of any applicant for a position involving direct contact
30with children to determine whether the applicant holds valid and

1active certification appropriate for the position and is
2otherwise eligible for employment and whether the applicant has
3been the subject of public professional discipline.

4(c) An applicant who provides false information or wilfully
5fails to disclose information required in subsection (b) shall
6be subject to discipline up to, and including, termination or
7denial of employment and may be subject to criminal prosecution
8under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
9authorities), and may be subject to civil penalties and
10professional discipline in accordance with subsection (l).

11(d) (1) No later than twenty (20) days after receiving a
12request for information required under subsection (b)(2), an
13employer that has or had an employment relationship with the
14applicant shall disclose the information requested.

15(2) The employer shall disclose the information on a
16standardized form developed by the Department of Education.

17(3) (i) After reviewing the information initially disclosed
18under paragraph (1) and finding an affirmative response to
19subsection (b)(1)(iii)(A), (B) or (C), (2)(ii)(A), (B) or (C)
20where the prospective employing school entity or contractor
21makes a determination to further consider the applicant for
22employment, the school entity or contractor shall request that
23former employers provide additional information about the
24matters disclosed and all related records.

25(ii) Former employers shall provide the additional
26information requested no later than sixty (60) days after the
27prospective employer's request under this paragraph.

28(4) (i) Information received under this section shall not
29be deemed a public record for the purposes of the act of
30February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know

1Law."

2(ii) A school entity that receives the information under
3this subsection may use the information for the purpose of
4evaluating an applicant's fitness to be hired or for continued
5employment and may report the information as appropriate to the
6Department of Education, a State licensing agency, law
7enforcement agency, child protective services agency, another
8school entity or prospective employer.

9(5) An employer, school entity, school administrator or
10independent contractor that provides information or records
11about a current or former employe or applicant shall be immune
12from criminal liability under 23 Pa.C.S. Ch. 63 (relating to
13child protective services) and the act of December 12, 1973
14(P.L.397, No.141), known as the "Educator Discipline Act," and
15civil liability for the disclosure of the information, unless
16the information or records provided were knowingly false. Such
17immunity shall be in addition to and not in limitation of any
18other immunity provided by law, or any absolute or conditional
19privileges applicable to such disclosures by virtue of the
20circumstances or the applicant's consent thereto.

21(6) Except where the laws of other states prevent the
22release of the information or records requested, or disclosure
23is restricted by the terms of a contract entered into prior to
24the effective date of this section, the wilful failure of a
25former employer, school entity, school administrator or
26independent contractor to respond or provide the information and
27records as requested may result in civil penalties, and
28professional discipline where appropriate, in accordance with
29subsection (l).

30(7) Notwithstanding any provision of law to the contrary, an

1employer, school entity, school administrator, independent
2contractor or applicant shall report and disclose in accordance
3with this section all relevant information, records and
4documentation that may otherwise be confidential under 23
5Pa.C.S. Ch. 63 and the "Educator Discipline Act."

6(e) (1) A school entity or independent contractor may not
7hire an applicant who does not provide the information required
8under subsection (b) for a position involving direct contact
9with children.

10(2) A school entity or independent contractor may hire an
11applicant on a provisional basis for a period not to exceed
12ninety (90) days pending the school entity's or independent
13contractor's review of information and records received under
14this section, provided that all of the following are satisfied:

15(i) The applicant has provided all of the information and
16supporting documentation required under subsection (b).

17(ii) The school administrator has no knowledge of
18information pertaining to the applicant that would disqualify
19the applicant from employment.

20(iii) The applicant swears or affirms that the applicant is
21not disqualified from employment.

22(iv) The applicant is not permitted to work alone with
23children and works in the immediate vicinity of a permanent
24employe.

25(f) On or after the effective date of this section, a school
26entity or independent contractor may not enter into a collective
27bargaining agreement, an employment contract, an agreement for
28resignation or termination, a severance agreement or any other
29contract or agreement or take any action that:

30(1) has the effect of suppressing information relating to an

1investigation related to a report of suspected abuse or sexual
2misconduct by a current or former employe;

3(2) affects the ability of the school entity or independent
4contractor to report suspected abuse or sexual misconduct to the
5appropriate authorities; or

6(3) requires the school entity or independent contractor to
7expunge information about allegations or findings of suspected
8abuse or sexual misconduct from any documents maintained by the
9school entity or independent contractor, unless after
10investigation the allegations are found to be false.

11(g) Any provision of an employment contract or agreement for
12resignation or termination or a severance agreement that is
13executed, amended or entered into after the effective date of
14this section and that is contrary to this section shall be void
15and unenforceable.

16(h) (1) For substitute employes, the employment history
17review required by this section shall be required only prior to
18the initial hiring of a substitute or placement on the school
19entity's approved substitute list and shall remain valid as long
20as the substitute continues to be employed by the same school
21entity or remains on the school entity's approved substitute
22list.

23(2) A substitute seeking to be added to another school
24entity's substitute list shall undergo a new employment history
25review. Except as otherwise provided in paragraph (3), the
26appearance of a substitute on one school entity's substitute
27list does not relieve another school entity from compliance with
28this section.

29(3) An employment history review conducted upon initial
30hiring of a substitute employe by an independent contractor,

1intermediate unit or any other entity that furnishes substitute
2staffing services to school entities shall satisfy the
3requirements of this section for all school entities using the
4services of that independent contractor, intermediate unit or
5other entity.

6(4) An independent contractor, intermediate unit or any
7other entity furnishing substitute staffing services to school
8entities shall comply with the provisions of subsection (i)(3)
9and (4).

10(5) For purposes of this subsection, "substitute employe"
11shall not mean school bus drivers employed by an independent
12contractor.

13(i) (1) For employes of independent contractors, the
14employment history review required by this section shall be
15performed, either at the time of the initial hiring of the
16employe or prior to the assignment of an existing employe to
17perform work for a school entity in a position involving direct
18contact with children. The review shall remain valid as long as
19the employe remains employed by that same independent
20contractor, even though assigned to perform work for other
21school entities.

22(2) An independent contractor shall maintain records
23documenting employment history reviews for all employes as
24required by this section and, upon request, shall provide a
25school entity for whom an employe is assigned to perform work
26access to the records pertaining to that employe.

27(3) Prior to assigning an employe to perform work for a
28school entity in a position involving direct contact with
29children, the independent contractor shall inform the school
30entity of any instance known to the independent contractor in

1which the employe:

2(i) was the subject of any abuse or sexual misconduct
3investigation by any employer, State licensing agency, law
4enforcement authority or child protective services agency,
5unless such investigation resulted in a finding that allegations
6are false;

7(ii) has ever been disciplined, discharged, nonrenewed,
8removed from a substitute list, asked to resign from employment,
9resigned from or otherwise separated from any employment while
10allegations of abuse or sexual misconduct as described in
11subparagraph (i) were pending or under investigation, or due to
12an adjudication or findings of abuse or sexual misconduct as
13described in subparagraph (i); or

14(iii) has ever had a license, professional license or
15certificate suspended, surrendered or revoked while allegations
16of abuse or sexual misconduct as described in subparagraph (i)
17were pending or under investigation, or due to an adjudication
18or findings of abuse or sexual misconduct as described in
19subparagraph (i).

20(4) The independent contractor may not assign the employe to
21perform work for the school entity in a position involving
22direct contact with children where the school entity objects to
23the assignment after being informed of an instance listed in
24paragraph (3).

25(j) An applicant who has once undergone the employment
26history review required under this section and seeks transfer to
27or to provide services to another school in the same district,
28diocese or religious judicatory or to another school established
29and supervised by the same organization shall not be required to
30obtain additional reports before making such transfer.

1(k) Nothing in this section shall be construed:

2(1) To prevent a prospective employer from conducting
3further investigations of prospective employes or from requiring
4applicants to provide additional background information or
5authorizations beyond what is required under this section, nor
6to prevent a former employer from disclosing more information
7than what is required under this section.

8(2) To relieve a school entity, school administrator or
9independent contractor of its legal responsibility to report
10suspected incidents of abuse in accordance with the provisions
11of 23 Pa.C.S. Ch. 63.

12(3) To relieve a school entity, school administrator or
13independent contractor of its legal responsibility to report
14suspected incidents of professional misconduct in accordance
15with the "Educator Discipline Act."

16(4) To prohibit the right of the exclusive representative
17under a collective bargaining agreement to grieve and arbitrate
18the validity of an employe's termination or discipline for just
19cause or for the causes set forth in this act.

20(l) (1) The Department of Education shall have jurisdiction
21to determine wilful violations of this section and may,
22following a hearing, assess a civil penalty not to exceed ten
23thousand dollars ($10,000). School entities shall be barred from
24contracting with an independent contractor who is found to have
25wilfully violated the provisions of this section.

26(2) Notwithstanding any provision of law to the contrary,
27the Department of Education may initiate disciplinary action
28before the Professional Standards and Practices Commission
29pursuant to the "Educator Discipline Act" against any applicant,
30employe, independent contractor or school administrator who is

1subject to the "Educator Discipline Act" for wilful violations
2of this section.

3(m) The Department of Education shall develop the forms for
4applicants and employers required under subsection (b)(1) and
5(2), as well as any other forms necessary to carry out the
6provisions of this section.

7(n) As used in this section, the following words and phrases
8shall have the meanings given to them in this subsection:

9"Abuse." Conduct that falls under the purview and reporting
10requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
11services) and is directed toward or against a child or a
12student, regardless of the age of the child or student.

13"Direct contact with children." The possibility of care,
14supervision, guidance or control of children or routine
15interaction with children.

16"School entity." Any public school, including a charter
17school or cyber charter school, private school, nonpublic
18school, intermediate unit or area vocational-technical school
19operating within this Commonwealth.

20"Sexual misconduct." Any act, including, but not limited to,
21any verbal, nonverbal, written or electronic communication or
22physical activity, directed toward or with a child or a student
23regardless of the age of the child or student that is designed
24to establish a romantic or sexual relationship with the child or
25student. Such acts include, but are not limited to:

26(1) Sexual or romantic invitation.

27(2) Dating or soliciting dates.

28(3) Engaging in sexualized or romantic dialog.

29(4) Making sexually suggestive comments.

30(5) Self-disclosure or physical exposure of a sexual,

1romantic or erotic nature.

2(6) Any sexual, indecent, romantic or erotic contact with
3the child or student.

4Section 2. This act shall take effect in 60 days.