PRINTER'S NO. 4491
No. 2893 Session of 2004
INTRODUCED BY SOLOBAY, BEBKO-JONES, CAPPELLI, CRUZ, FRANKEL,
GOOD, GRUCELA, KELLER, MANN, MARKOSEK, MYERS, READSHAW, TRUE,
TIGUE AND YOUNGBLOOD, OCTOBER 6, 2004
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 6, 2004
AN ACT
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 background checks of
6 school directors.
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. Background Checks of School Directors.--(a)
13 This section shall apply to all current and prospective school
14 directors.
15 (b) The Department of Education shall require school
16 directors to submit, pursuant to 18 Pa.C.S. Ch. 91 (relating to
17 criminal history record information), a report of criminal
18 history record information from the Pennsylvania State Police or
19 a statement from the Pennsylvania State Police that the State
1 Police central repository contains no information relating to
2 that person. The criminal history record information shall be
3 limited to that which is disseminated pursuant to 18 Pa.C.S. §
4 9121(b)(2) (relating to general regulations) and shall be no
5 more than one (1) year old. The Department of Education shall
6 determine the time for the filing of the required information.
7 The Department of Education shall maintain a copy of the
8 required information and shall require each school director to
9 produce the original document within fifteen (15) days of
10 providing notice to the school director.
11 (c) Where the school director has not been a resident of
12 this Commonwealth for at least two (2) years immediately
13 preceding the date of appointment or election, the Department of
14 Education shall require the school director to submit a set of
15 fingerprints which may be submitted to the Federal Bureau of
16 Investigation for Federal criminal history record information
17 pursuant to the Federal Bureau of Investigation appropriation of
18 Title II of Public Law 92-544, 86 Stat. 1115 or a copy of the
19 Federal criminal history record. The Department of Education
20 shall return the Federal criminal history record to the school
21 director. When the school director provides a copy of the
22 Federal criminal history record, it shall be no more than one
23 (1) year old. The Department of Education shall maintain a copy
24 of the required information. The original Federal criminal
25 history record shall be returned to the school director.
26 (d) The Department of Education shall promulgate regulations
27 necessary to carry out this section. The regulations shall
28 provide for the confidentiality of criminal history record
29 information obtained pursuant to this section.
30 (e) No school director shall be eligible for office where
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1 the report of criminal history record information indicates the
2 school director has been convicted, within five (5) years
3 immediately preceding the date of the report, of any of the
4 following offenses: (1) An offense under one or more of the
5 following provisions of Title 18 of the Pennsylvania
6 Consolidated Statutes:
7 Chapter 25 (relating to criminal homicide).
8 Section 2702 (relating to aggravated assault).
9 Former section 2709(b) (relating to stalking).
10 Section 2709.1 (relating to stalking).
11 Section 2901 (relating to kidnapping).
12 Section 2902 (relating to unlawful restraint).
13 Section 3121 (relating to rape).
14 Section 3122.1 (relating to statutory sexual assault).
15 Section 3123 (relating to involuntary deviate sexual
16 intercourse).
17 Section 3124.1 (relating to sexual assault).
18 Section 3125 (relating to aggravated indecent assault).
19 Section 3126 (relating to indecent assault).
20 Section 3127 (relating to indecent exposure).
21 Section 4302 (relating to incest).
22 Section 4303 (relating to concealing death of child).
23 Section 4304 (relating to endangering welfare of
24 children).
25 Section 4305 (relating to dealing in infant children).
26 A felony offense under section 5902(b) (relating to
27 prostitution and related offenses).
28 Section 5903(c) or (d) (relating to obscene and other
29 sexual materials and performances).
30 Section 6301 (relating to corruption of minors).
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1 Section 6312 (relating to sexual abuse of children).
2 (2) An offense designated as a felony under the act of April
3 14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
4 Drug, Device and Cosmetic Act."
5 (3) An out-of-State or Federal offense similar in nature to
6 those crimes listed in clauses (1) and (2).
7 Section 2. This act shall take effect in 60 days.
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