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 and for electronic public 
7safety and criminal justice information; in certification of
8teachers, further providing for continuing professional
9development <-and; providing for baccalaureate certification 
10basic skills; and further providing for Pennsylvania School
11Leadership Standards.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

<-14Section 1. Section 1205.1(c.1) of the act of March 10, 1949
15(P.L.30, No.14), known as the Public School Code of 1949,
16amended July 11, 2006 (P.L.1092, No.114), is amended to read:

<-17Section 1. The act of March 10, 1949 (P.L.30, No.14), known
18as the Public School Code of 1949, is amended by adding
19sections to read:

20Section 111.1. Employment History Review.--(a) This section

1shall apply to all positions for employment at school entities
2and independent contractors of school entities involving direct
3contact with children.

4(b) In addition to fulfilling the requirements of section
5111 and 23 Pa.C.S. § 6344.2 (relating to information relating to
6other persons having contact with children), before a school
7entity or independent contractor may offer employment to an
8applicant who would be employed by or in a school entity in a
9position involving direct contact with children, the school
10entity or independent contractor shall:

11(1) Require the applicant to provide:

12(i) A list, including name, address, telephone number and
13other relevant contact information of the applicant's:

14(A) Current employer.

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

16(C) All former employers where the applicant was employed in
17positions that involved direct contact with children.

18(ii) A written authorization that consents to and authorizes
19disclosure by the applicant's current and former employers under
20subparagraph (i) of the information requested under paragraph
21(2) and the release of related records and that releases those
22employers from liability that may arise from such disclosure or
23release of records pursuant to subsection (d)(5).

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

25(A) has been the subject of an abuse or sexual misconduct
26investigation by any employer, State licensing agency, law
27enforcement agency or child protective services agency, unless
28the investigation resulted in a finding that the allegations
29were false;

30(B) has ever been disciplined, discharged, nonrenewed, asked

1to resign from employment, resigned from or otherwise separated
2from any employment while allegations of abuse or sexual
3misconduct as described in clause (A) were pending or under
4investigation, or due to an adjudication or findings of abuse or
5sexual misconduct as described in clause (A); or

6(C) has ever had a license, professional license or
7certificate suspended, surrendered or revoked while allegations
8of abuse or sexual misconduct as described in clause (A) were
9pending or under investigation, or due to an adjudication or
10findings of abuse or sexual misconduct as described in clause
11(A).

12(2) Conduct a review of the employment history of the
13applicant by contacting those employers listed by the applicant
14under the provisions of paragraph (1)(i) and requesting the
15following information:

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

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

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

23(B) was disciplined, discharged, nonrenewed, asked to resign
24from employment, resigned from or otherwise separated from any
25employment while allegations of abuse or sexual misconduct as
26described in clause (A) were pending or under investigation, or
27due to an adjudication or findings of abuse or sexual misconduct
28described 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(3) Check the eligibility for employment or certification
6status of any applicant for a position involving direct contact
7with children to determine whether the applicant holds valid and
8active certification appropriate for the position and is
9otherwise eligible for employment and whether the applicant has
10been the subject of public professional discipline.

11(4) Inquire whether the Department of Education has received
12notification of pending criminal charges against the applicant.

13(c) An applicant who provides false information or wilfully
14fails to disclose information required in subsection (b) shall
15be subject to discipline up to, and including, termination or
16denial of employment and may be subject to criminal prosecution
17under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
18authorities), and may be subject to civil penalties and
19professional discipline in accordance with subsection (l).

20(d) (1) No later than twenty (20) days after receiving a
21request for information required under subsection (b)(2), an
22employer that has or had an employment relationship with the
23applicant shall disclose the information requested.

24(2) The employer shall disclose the information on a
25standardized form developed by the Department of Education.

26(3) (i) After reviewing the information initially disclosed
27under paragraph (1) and finding an affirmative response to
28subsection (b)(1)(iii)(A), (B) or (C), (2)(ii)(A), (B) or (C)
29where the prospective employing school entity or contractor
30makes a determination to further consider the applicant for

1employment, the school entity or contractor shall request that
2former employers provide additional information about the
3matters disclosed and all related records.

4(ii) Former employers shall provide the additional
5information requested no later than sixty (60) days after the
6prospective employer's request under this paragraph.

7(4) (i) Information received under this section shall not
8be deemed a public record for the purposes of the act of
9February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
10Law."

11(ii) A school entity that receives the information under
12this subsection may use the information for the purpose of
13evaluating an applicant's fitness to be hired or for continued
14employment and may report the information as appropriate to the
15Department of Education, a State licensing agency, law
16enforcement agency, child protective services agency, another
17school entity or prospective employer.

18(5) An employer, school entity, school administrator or
19independent contractor that provides information or records
20about a current or former employe or applicant shall be immune
21from criminal liability under 23 Pa.C.S. Ch. 63 (relating to
22child protective services) and the act of December 12, 1973
23(P.L.397, No.141), known as the "Educator Discipline Act," and
24civil liability for the disclosure of the information, unless
25the information or records provided were knowingly false. Such
26immunity shall be in addition to and not in limitation of any
27other immunity provided by law, or any absolute or conditional
28privileges applicable to such disclosures by virtue of the
29circumstances or the applicant's consent thereto.

30(6) Except where the laws of other states prevent the

1release of the information or records requested, or disclosure
2is restricted by the terms of a contract entered into prior to
3the effective date of this section, the wilful failure of a
4former employer, school entity, school administrator or
5independent contractor to respond or provide the information and
6records as requested may result in civil penalties, and
7professional discipline where appropriate, in accordance with
8subsection (l).

9(7) Notwithstanding any provision of law to the contrary, an
10employer, school entity, school administrator, independent
11contractor or applicant shall report and disclose in accordance
12with this section all relevant information, records and
13documentation that may otherwise be confidential under 23
14Pa.C.S. Ch. 63 and the "Educator Discipline Act."

15(e) (1) A school entity or independent contractor may not
16hire an applicant who does not provide the information required
17under subsection (b) for a position involving direct contact
18with children.

19(2) A school entity or independent contractor may hire an
20applicant on a provisional basis for a period not to exceed
21ninety (90) days pending the school entity's or independent
22contractor's review of information and records received under
23this section, provided that all of the following are satisfied:

24(i) The applicant has provided all of the information and
25supporting documentation required under subsection (b).

26(ii) The school administrator has no knowledge of
27information pertaining to the applicant that would disqualify
28the applicant from employment.

29(iii) The applicant swears or affirms that the applicant is
30not disqualified from employment.

1(iv) The applicant is not permitted by the school entity or
2independent contractor to work alone with children and is
3required to work in the immediate vicinity of a permanent
4employe.

5(f) On or after the effective date of this section, a school
6entity or independent contractor may not enter into a collective
7bargaining agreement, an employment contract, an agreement for
8resignation or termination, a severance agreement or any other
9contract or agreement or take any action that:

10(1) has the effect of suppressing information relating to an
11investigation related to a report of suspected abuse or sexual
12misconduct by a current or former employe;

13(2) affects the ability of the school entity or independent
14contractor to report suspected abuse or sexual misconduct to the
15appropriate authorities; or

16(3) requires the school entity or independent contractor to
17expunge information about allegations or findings of suspected
18abuse or sexual misconduct from any documents maintained by the
19school entity or independent contractor, unless after
20investigation the allegations are found to be false.

21(g) Any provision of an employment contract or agreement for
22resignation or termination or a severance agreement that is
23executed, amended or entered into after the effective date of
24this section and that is contrary to this section shall be void
25and unenforceable.

26(h) (1) For substitute employes, the employment history
27review required by this section shall be required only prior to
28the initial hiring of a substitute employe or placement on the
29school entity's approved substitute list and shall remain valid
30as long as the substitute employe continues to be employed by

1the same school entity or remains on the school entity's
2approved substitute list.

3(2) A substitute employe seeking to be added to another
4school entity's substitute list shall undergo a new employment
5history review. Except as otherwise provided in paragraph (3),
6the appearance of a substitute employe on one school entity's
7substitute list does not relieve another school entity from
8compliance with this section.

9(3) An employment history review conducted upon initial
10hiring of a substitute employe by an independent contractor,
11intermediate unit or any other entity that furnishes substitute
12staffing services to school entities shall satisfy the
13requirements of this section for all school entities using the
14services of that independent contractor, intermediate unit or
15other entity.

16(4) An independent contractor, intermediate unit or any
17other entity furnishing substitute staffing services to school
18entities shall comply with the provisions of subsection (i)(3)
19and (4).

20(5) For purposes of this subsection, "substitute employe"
21shall not mean school bus drivers employed by an independent
22contractor.

23(i) (1) For employes of independent contractors, the
24employment history review required by this section shall be
25performed, either at the time of the initial hiring of the
26employe or prior to the assignment of an existing employe to
27perform work for a school entity in a position involving direct
28contact with children. The review shall remain valid as long as
29the employe remains employed by the same independent contractor,
30even if assigned to perform work for other school entities.

1(2) An independent contractor shall maintain records
2documenting employment history reviews for all employes as
3required by this section and, upon request, shall provide a
4school entity for whom an employe is assigned to perform work
5access to the records pertaining to that employe.

6(3) Prior to assigning an employe to perform work for a
7school entity in a position involving direct contact with
8children, the independent contractor shall inform the school
9entity of any instance known to the independent contractor in
10which the employe:

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

16(ii) has ever been disciplined, discharged, nonrenewed,
17removed from a substitute list, asked to resign from employment,
18resigned from or otherwise separated from any employment while
19allegations of abuse or sexual misconduct as described in
20subparagraph (i) were pending or under investigation, or due to
21an adjudication or findings of abuse or sexual misconduct as
22described in subparagraph (i); or

23(iii) has ever had a license, professional license or
24certificate suspended, surrendered or revoked while allegations
25of abuse or sexual misconduct as described in subparagraph (i)
26were pending or under investigation, or due to an adjudication
27or findings of abuse or sexual misconduct as described in
28subparagraph (i).

29(4) The independent contractor may not assign the employe to
30perform work for the school entity in a position involving

1direct contact with children where the school entity objects to
2the assignment after being informed of an instance listed in
3paragraph (3).

4(j) An applicant who has undergone the employment history
5review required under this section and seeks transfer to or to
6provide services to another school in the same district, diocese
7or religious judicatory or to another school established and
8supervised by the same organization shall not be required to
9obtain additional reports before making such transfer.

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

11(1) To prevent a prospective employer from conducting
12further investigations of prospective employes or from requiring
13applicants to provide additional background information or
14authorizations beyond what is required under this section, nor
15to prevent a former employer from disclosing more information
16than what is required under this section.

17(2) To relieve a school entity, school administrator or
18independent contractor of its legal responsibility to report
19suspected incidents of abuse in accordance with the provisions
20of 23 Pa.C.S. Ch. 63.

21(3) To relieve a school entity, school administrator or
22independent contractor of its legal responsibility to report
23suspected incidents of professional misconduct in accordance
24with the "Educator Discipline Act."

25(4) To prohibit the right of the exclusive representative
26under a collective bargaining agreement to grieve and arbitrate
27the validity of an employe's termination or discipline for just
28cause or for the causes set forth in this act.

29(l) (1) The Department of Education shall have jurisdiction
30to determine wilful violations of this section and may,

1following a hearing, assess a civil penalty not to exceed ten
2thousand dollars ($10,000). School entities shall be barred from
3contracting with an independent contractor who is found to have
4wilfully violated the provisions of this section.

5(2) Notwithstanding any provision of law to the contrary,
6the Department of Education may initiate disciplinary action
7before the Professional Standards and Practices Commission
8pursuant to the "Educator Discipline Act" against any applicant,
9employe, independent contractor or school administrator who is
10subject to the "Educator Discipline Act" for wilful violations
11of this section.

12(m) The Department of Education shall develop the forms for
13applicants and employers required under subsection (b)(1) and
14(2), as well as any other forms necessary to carry out the
15provisions of this section.

16(n) As used in this section, the following words and phrases
17shall have the meanings given to them in this subsection:

18"Abuse." Conduct that falls under the purview and reporting
19requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
20services) and is directed toward or against a child or a
21student, regardless of the age of the child or student.

22"Direct contact with children." The possibility of care,
23supervision, guidance or control of children or routine
24interaction with children.

25"School entity." Any public school, including a charter
26school or cyber charter school, private school, nonpublic
27school, intermediate unit or area vocational-technical school
28operating within this Commonwealth.

29"Sexual misconduct." Any act, including, but not limited to,
30any verbal, nonverbal, written or electronic communication or

1physical activity, directed toward or with a child or a student
2regardless of the age of the child or student that is designed
3to establish a romantic or sexual relationship with the child or
4student. Such acts include, but are not limited to:

5(1) Sexual or romantic invitation.

6(2) Dating or soliciting dates.

7(3) Engaging in sexualized or romantic dialog.

8(4) Making sexually suggestive comments.

9(5) Self-disclosure or physical exposure of a sexual,
10romantic or erotic nature.

11(6) Any sexual, indecent, romantic or erotic contact with
12the child or student.

13Section 111.2. Electronic Public Safety and Criminal Justice
14Information.--(a) Subject to subsection (b), the Department of
15Education shall obtain and monitor public safety and criminal
16justice information, including, but not limited to, arrest and
17disposition information, for all educators from any Statewide
18electronic database to the extent such public safety and
19criminal justice information is available to the Department of
20Education and shall use such information for certification and
21discipline purposes.

22(b) For purposes of this section, "educator" shall mean all
23of the following:

24(1) Any person who holds a Commonwealth of Pennsylvania
25certificate, commission, letter of eligibility or permit issued
26under this act or under the act of January 28, 1988 (P.L.24,
27No.11), known as the "Private Academic Schools Act," or who has
28applied for a certificate, commission, letter of eligibility or
29permit.

30(2) Any person who is a charter or cyber charter school

1staff member or who is a contracted educational provider or
2contracted educational provider staff member as those terms are
3defined in the act of December 12, 1973 (P.L.397, No.141), known
4as the "Educator Discipline Act."

5(3) Any person over whom the Professional Standards and
6Practices Commission has disciplinary authority pursuant to the
7"Educator Discipline Act."

8Section 2. Section 1205.1(c.1) of the act, amended July 11,
92006 (P.L.1092, No.114), is amended to read:

10Section 1205.1. Continuing Professional Development.--* * *

11(c.1) The continuing professional education plan shall
12specify the professional education needs that will be met by
13completion of each continuing professional education option and
14how it relates to areas of assignment and certification or
15potential administrative certification. The options may include,
16but shall not be limited to:

17(1) Collegiate studies.

18(2) Continuing professional education courses taken for
19credit.

20(3) Other programs, activities or learning experiences taken
21for credit or hourly, to include:

22(i) curriculum development and other program design and
23delivery activities at the school entity or grade level as
24determined by the school entity and approved by the board of
25directors;

26(ii) participation in professional conferences and
27workshops;

28(iii) education in the workplace, where the work relates to
29the professional educator's area of assignment and is approved
30by the board of directors;

1(iv) review, redesign and restructuring of school programs,
2organizations and functions as determined by the school entity
3and approved by the board of directors;

4(v) in-service programs that comply with guidelines
5established by the department;

6(vi) early childhood and child development activities for
7professional educators whose area of assignment includes
8kindergarten through third grade;

9(vii) special education activities for professional
10educators whose area of assignment includes students with
11special needs;

12(viii) successful completion of department training for
13service as a Distinguished Educator if the professional educator
14participates in and completes at least one assignment in the
15Distinguished Educators Program; [or]

16(ix) other continuing professional education courses,
17programs, activities or learning experiences sponsored by the
18department[.]; or

19(x) visits by educators to a manufacturing workplace<-, under
20which the board of directors approves the professional
21educator's participation in a site visit to a manufacturing
22location for orientation and demonstrations to give the
23professional educator a greater understanding of job
24opportunities in manufacturing for students.

25* * *

<-26Section 2 3. The act is amended by adding a section to read:

27Section 1207.3. Baccalaureate Certification Basic Skills
28Assessment.--(a) Notwithstanding any other provision of law, an
29assessment of basic skills required under 22 Pa. Code § 49.18
30(relating to assessment) shall be completed and a satisfactory

1achievement level shall be obtained prior to entry into a
2Pennsylvania baccalaureate teacher preparation program.

3(b) An assessment of basic skills shall not be required for
4entry into a Pennsylvania postbaccalaureate teacher preparation
5program or for any applicant for certification who completes a
6postbaccalaureate certification program or holds a
7postbaccalaureate degree.

8(c) No baccalaureate certification program shall admit a
9student who has not met the requirements of this section by
10August 1, 2015.

11Section <-2 3 4. Section 1217(a) of the act, added July 20,
122007 (P.L.278, No.45), is amended to read:

13Section 1217. Pennsylvania School Leadership Standards.--(a)
14Programs provided under section 1205.5(c) and (d) to prepare
15school or system leaders and for purposes of issuing
16administrator certificates or letters of eligibility and
17approved programs for the induction and continuing professional
18education of school or system leaders shall address:

19(1) The following core standards:

20(i) The knowledge and skills to think and plan strategically
21to create an organizational vision around personalized student
22success.

23(ii) An understanding of standards-based systems theory and
24design and the ability to transfer that knowledge to the school
25or system leader's job as the architect of standards-based
26reform in the school.

27(iii) The ability to access and use appropriate data to
28inform decision-making at all levels of the system.

29(2) The following corollary standards:

30(i) Creating a culture of teaching and learning with an

1emphasis on learning, including teaching and learning in 
2manufacturing and vocational fields.

3(ii) Managing resources for effective results.

4(iii) Collaborating, communicating, engaging and empowering
5others inside and outside of the organization to pursue
6excellence in learning.

7(iv) Operating in a fair and equitable manner with personal
8and professional integrity.

9(v) Advocating for children and public education in the
10larger political, social, economic, legal and cultural context.

11(vi) Supporting professional growth of self and others
12through practice and inquiry.

13* * *

14Section <-3 4 5. This act shall take effect in 60 days.