| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 432 | PRINTER'S NO. 2248 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, ERICKSON, WARD, BROWNE, FONTANA, SOLOBAY, RAFFERTY, MENSCH, BOSCOLA, WAUGH, FERLO, LEACH AND FARNESE, FEBRUARY 7, 2011 |
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| AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 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 child abuse recognition |
6 | and reporting training. |
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 1205.6. Child Abuse Recognition and Reporting | <-- |
13 | Training Program.--(a) The Department of Public Welfare, in |
14 | consultation with the Department of Education, shall establish a |
15 | child abuse recognition and reporting program. |
16 | (b) Pursuant to 23 Pa.C.S. Ch. 63 (relating to child |
17 | protective services), the Department of Public Welfare shall: |
18 | (1) Administer the program to mandated reporters employed by |
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1 | or under contract with a school entity. |
2 | (2) Include training in child abuse recognition and |
3 | reporting requirements. |
4 | (3) Provide opportunities to complete the training through |
5 | the Internet or other distance communication systems. |
6 | (c) Individuals required to take the course under subsection |
7 | (b) shall complete a minimum of three (3) hours of training |
8 | every five (5) years. |
9 | (d) Professional educators who complete the training |
10 | required in this section shall receive credit towards the |
11 | continuing professional education requirements under section |
12 | 1205.2. |
13 | (e) Definitions.--As used in this section, the following |
14 | words and phrases shall have the meanings given to them in this |
15 | subsection unless the context clearly indicates otherwise: |
16 | "Professional educator" shall mean the same as that term is |
17 | defined in section 1205.2(o). |
18 | "School entity" shall mean a school district, intermediate |
19 | unit, joint school district, area vocational-technical school, |
20 | charter school, cyber charter school and private school. |
21 | Section 1205.6. Child Abuse Recognition and Reporting | <-- |
22 | Training.--(a) School entities and independent contractors of |
23 | school entities shall provide their employes who have direct |
24 | contact with children with mandatory training on child abuse |
25 | recognition and reporting. The following apply: |
26 | (1) Training shall address, but shall not be limited to, the |
27 | following topics: |
28 | (i) Recognition of the signs of abuse and sexual misconduct |
29 | and reporting requirements for suspected abuse and sexual |
30 | misconduct in this Commonwealth. |
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1 | (ii) Provisions of the act of December 12, 1973 (P.L.397, |
2 | No.141), known as the "Professional Educator Discipline Act," |
3 | including mandatory reporting requirements. |
4 | (iii) The school entity's policies related to reporting of |
5 | suspected abuse and sexual misconduct. |
6 | (iv) Maintenance of professional and appropriate |
7 | relationships with students. |
8 | (2) School entities and independent contractors may provide |
9 | training through the Internet or other distance communications |
10 | systems. |
11 | (3) Employes shall complete a minimum of three (3) hours of |
12 | training every five (5) years. |
13 | (4) Employes required to undergo continuing professional |
14 | education under section 1205.2 shall receive credit toward their |
15 | continuing profession education requirements, if the training |
16 | program has been approved by the Department of Education in |
17 | consultation with the Department of Public Welfare. |
18 | (b) Definitions.--As used in this section, the following |
19 | words and phrases shall have the meanings given to them in this |
20 | subsection unless the context clearly indicates otherwise: |
21 | "Abuse." Conduct that falls under the purview and reporting |
22 | requirements of 23 Pa.C.S. Ch. 63 (relating to child protective |
23 | services) and is directed toward or against a child or student, |
24 | regardless of the age of the child or student. |
25 | "Direct contact with children." The possibility of care, |
26 | supervision, guidance or control of children or routine |
27 | interaction with children. |
28 | "School entity." A public school, charter school, cyber |
29 | charter school, private school, nonpublic school, intermediate |
30 | unit or area vocational-technical school. |
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1 | "Sexual misconduct." Any act, including, but not limited to, |
2 | any verbal, nonverbal, written or electronic communication or |
3 | physical activity, directed toward or with a child or student |
4 | that is designed to establish a romantic or sexual relationship |
5 | with the child or student. Such acts include, but are not |
6 | limited to: |
7 | (1) Sexual or romantic invitation. |
8 | (2) Dating or soliciting dates. |
9 | (3) Engaging in sexualized or romantic dialog. |
10 | (4) Making sexually suggestive comments. |
11 | (5) Self-disclosure or physical exposure of a sexual, |
12 | romantic or erotic nature. |
13 | (6) Any sexual, indecent, romantic or erotic contact with |
14 | the child or student. |
15 | Section 2. This act shall take effect in 180 days. |
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