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PRIOR PRINTER'S NO. 981
PRINTER'S NO. 1047
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
862
Session of
2015
INTRODUCED BY SMUCKER AND DINNIMAN, JUNE 1, 2015
SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 15, 2015
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," in preliminary provisions, further
providing for criminal history of employees and prospective
employees and conviction of certain offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 111(b), (c.1) and (j)(2) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, amended or added July 9, 2008 (P.L.846, No.61) and June
30, 2012 (P.L.684, No.82), are amended and the section is
amended by adding subsections to read:
Section 111. Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.--
* * *
(b) Administrators of public and private schools,
intermediate units and area vocational-technical schools shall
require prospective employes to submit with their employment
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application, pursuant to 18 Pa.C.S. Ch.91 (relating to criminal
history record information), a report of criminal history record
information from the Pennsylvania State Police or a statement
from the Pennsylvania State Police that the State Police central
repository contains no such information relating to that person.
Such report of criminal history record information shall be no
more than [one (1) year] three (3) years old. An applicant may
submit a copy of the required information with the application
for employment. Administrators shall maintain a copy of the
required information. Administrators shall require contractors
to produce a report of criminal history record information for
each prospective employe of such contractor prior to employment.
A copy of the report of criminal history record information from
the Pennsylvania State Police shall be made available to the
applicant in a manner prescribed by the Department of Education.
(c.1) Beginning April 1, 2007, administrators shall maintain
on file with the application for employment a copy of the
Federal criminal history record in a manner prescribed by the
Department of Education. At a minimum, the Department of
Education shall prescribe a method for applicants to submit a
set of fingerprints to be transmitted to the Federal Bureau of
Investigation for Federal criminal history record information
pursuant to the applicable Federal law. The Federal criminal
history record information report shall be no more than [one (1)
year] three (3) years old. Administrators shall maintain a copy
of the required information and shall require each applicant to
secure a Federal criminal history record information report that
may not be more than [one (1) year] three (3) years old at the
time of employment. A copy of the Federal criminal history
record information report shall be made available to the
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applicant in a manner prescribed by the Department of Education.
* * *
(c.3) In accordance with 23 Pa.C.S. § 6344.4 (relating to
certification compliance), administrators shall require the
persons subject to this section to obtain the reports described
in subsections (b), (c.1) and (j)(1) and under 23 Pa.C.S. §
6344(b)(2) (relating to employees having contact with children;
adoptive and foster parents) on a renewed basis every thirty-six
(36) months. Any person subject to this section who has
previously not been required to obtain the reports required by
subsections (b) and (c.1) and under 23 Pa.C.S. § 6344(b)(2) on
account of service prior to April 1, 2007, shall be required to
obtain such reports no later than December 31, 2015. The
administrator shall make a determination of employment based on
a review of the reports and REVIEW THE REPORTS AND DETERMINE IF
THE REPORTS DISCLOSE INFORMATION THAT REQUIRES FURTHER ACTION.
THE ADMINISTRATOR shall maintain a copy of the required reports.
(c.4) To the extent permitted by 23 Pa.C.S. § 6344.3(f)
(relating to continued employment or participation in program,
activity or service), an administrator may accept the reports
identified in 23 Pa.C.S. § 6344(b)(1) and (3) obtained for
employment or volunteer requirements pursuant to 23 Pa.C.S. §
6344 in satisfaction of the requirements of subsections (b) and
(c.1), provided the reports are not more than thirty-six (36)
months old and the applicant provides the administrator with the
report described in subsection (j)(1) indicating that the
individual has not been disqualified from employment pursuant to
subsection (e) or (f.1). The applicant shall also provide an
attestation that the applicant has not been disqualified for
employment under 23 Pa.C.S. § 6344(c)(1). The administrator
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shall make a determination of employment based on a review of
the reports and shall maintain a copy of the required reports.
* * *
(j) * * *
(2) All current and prospective employes of a public or
private school, intermediate unit or area vocational-technical
school shall complete the form described in clause (1),
indicating whether or not they have been arrested for or
convicted of an offense enumerated under subsections (e) and
(f.1), [provided that any current employe who completed the form
on or before December 27, 2011, in compliance with clauses (1)
and (2) on that date and who has not been arrested for or
convicted of an offense enumerated under subsections (e) and
(f.1) shall not be required to complete an additional form under
this subsection] prior to employment and every thirty-six (36)
months as required by subsection (c.3).
* * *
Section 2. This act shall take effect immediately.
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