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
20would be employed by or in a school entity in a position

1involving direct contact with children, the school entity or
2independent contractor shall:

3(1)  Require the applicant to provide:

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

6(A)  Current employer.

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

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

10(D)  All other former employers subsequent to the applicant's
11eighteenth birthday and within the previous ten (10) years.

12(ii)  A written authorization that consents to and authorizes
13disclosure by the applicant's current and former employers in
14subparagraph (i) of the information requested under paragraph
15(2) and the release of related records and that releases those
16employers from liability that may arise from such disclosure or
17release of records pursuant to subsection (d)(5).

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

19(A)  has been the subject of an abuse or sexual misconduct
20investigation by any employer, State licensing agency, law
21enforcement agency or child protective services agency, unless
22the investigation resulted in a finding that the allegations
23were false;

24(B)  has ever been disciplined, discharged, nonrenewed, asked
25to resign from employment, resigned from or otherwise separated
26from any employment while allegations of abuse or sexual
27misconduct as described in clause (A) were pending or under
28investigation, or due to an adjudication or findings of abuse or
29sexual misconduct as described in clause (A); or

30(C)  has ever had a license, professional license or

1certificate suspended, surrendered or revoked while allegations
2of abuse or sexual misconduct as described in clause (A) were
3pending or under investigation, or due to an adjudication or
4findings of abuse or sexual misconduct as described in clause
5(A).

6(2)  Conduct a review of the employment history of the
7applicant by contacting those employers listed by the applicant
8under the provisions of paragraph (1)(i) and requesting the
9following information:

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

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

12(A)  was the subject of any abuse or sexual misconduct
13investigation by any employer, State licensing agency, law
14enforcement agency or child protective services agency, unless
15such investigation resulted in a finding that the allegations
16were false;

17(B)  was disciplined, discharged, nonrenewed, asked to resign
18from employment, resigned from or otherwise separated from any
19employment while allegations of abuse or sexual misconduct as
20described in clause (A) were pending or under investigation, or
21due to an adjudication or findings of abuse or sexual misconduct
22described in clause (A); or

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

29(3)  Check the eligibility for employment or certification
30status of any applicant involving direct contact with children

1to determine whether the applicant holds valid and active
2certification appropriate for the position and is otherwise
3eligible for employment and whether the applicant has been the
4subject of public professional discipline.

5(c)  An applicant who provides false information or wilfully
6fails to disclose information required in subsection (b) shall
7be subject to discipline up to, and including, termination or
8denial of employment and may be subject to criminal prosecution
9under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
10authorities), and may be subject to civil penalties and
11professional discipline in accordance with subsection (k).

12(d)  (1)  No later than twenty (20) days after receiving a
13request for information required under subsection (b)(2), an
14employer that has or had an employment relationship with the
15applicant shall disclose the information requested.

16(2)  The employer shall disclose the information on a
17standardized form developed by the Department of Education.

18(3)  (i)  After reviewing the information initially disclosed
19under paragraph (1) and finding an affirmative response to
20subsection (b)(1)(A), (B) or (C) or (2)(A), (B) or (C), where
21the prospective employing school entity or contractor makes a
22determination to further consider the applicant for employment,
23the school entity or contractor shall request that former
24employers provide additional information about the matters
25disclosed and all related records.

26(ii)  Former employers shall provide the additional
27information requested no later than sixty (60) days after the
28prospective employer's request under this paragraph.

29(4)  (i)  Information received under this section shall not
30be deemed a public record for the purposes of the act of

1February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
2Law."

3(ii)  A school entity that receives the information under
4this subsection may use the information for the purpose of
5evaluating an applicant's fitness to be hired or for continued
6employment and may report the information as appropriate to the
7Department of Education, a State licensing agency, law
8enforcement agency, child protective services agency, another
9school entity or prospective employer.

10(5)  An employer, school entity, school administrator or
11independent contractor that provides information or records
12about a current or former employe or applicant shall be immune
13from criminal liability under 23 Pa.C.S. Ch. 63 (relating to
14child protective services) and the act of December 12, 1973
15(P.L.397, No.141), known as the "Professional Educator
16Discipline Act," and civil liability for the disclosure of the
17information, unless the information or records provided were
18knowingly false. Such immunity shall be in addition to and not
19in limitation of any other immunity provided by law, or any
20absolute or conditional privileges applicable to such
21disclosures by virtue of the circumstances or the applicant's
22consent thereto.

23(6)  Except where the laws of other states prevent the
24release of the information or records requested, or disclosure
25is restricted by the terms of a contract entered into prior to
26the effective date of this section, the wilful failure of a
27former employer, school entity, school administrator or
28independent contractor to respond or provide the information and
29records as requested may result in civil penalties, and
30professional discipline where appropriate, in accordance with

1subsection (k).

2(7)  Notwithstanding any provision of law to the contrary, an
3employer, school entity, school administrator, independent
4contractor or applicant shall report and disclose in accordance
5with this section all relevant information, records and
6documentation that may otherwise be confidential under 23
7Pa.C.S. Ch. 63 and the "Professional Educator Discipline Act."

8(e)  (1)  A school entity or independent contractor may not
9hire an applicant who does not provide the information required
10under subsection (b) for a position involving direct contact
11with children.

12(2)  A school entity may hire an applicant on a provisional
13basis for a period not to exceed ninety (90) days pending the
14school entity's review of information and records received under
15this section, provided that all of the following are satisfied:

16(i)  The applicant has provided all of the information and
17supporting documentation required under subsection (b).

18(ii)  The school administrator has no knowledge of
19information pertaining to the applicant that would disqualify
20the applicant from employment.

21(iii)  The applicant swears or affirms that the applicant is
22not disqualified from employment.

23(iv)  The applicant is not permitted to work alone with
24children and works in the immediate vicinity of a permanent
25employe.

26(f)  On or after the effective date of this section, a school
27entity or independent contractor may not enter into a collective
28bargaining agreement, an employment contract, an agreement for
29resignation or termination, a severance agreement or any other
30contract or agreement or take any action that:

1(1)  has the effect of suppressing information relating to an
2investigation related to a report of suspected abuse or sexual
3misconduct by a current or former employe;

4(2)  affects the ability of the school entity or independent
5contractor to report suspected abuse or sexual misconduct to the
6appropriate authorities; or

7(3)  requires the school entity or independent contractor to
8expunge information about allegations or findings of suspected
9abuse or sexual misconduct from any documents maintained by the
10school entity or independent contractor, unless after
11investigation the allegations are found to be false.

12(g)  Any provision of an employment contract or agreement for
13resignation or termination or a severance agreement that is
14executed, amended or entered into after the effective date of
15this section and that is contrary to this section shall be void
16and unenforceable.

17(h)  (1)  For substitute employes, the employment history
18review required by this section shall be required only prior to
19the initial hiring of a substitute or placement on the school
20entity's approved substitute list and shall remain valid as long
21as the substitute continues to be employed by the same school
22entity or remains on the school entity's approved substitute
23list.

24(2)  A substitute seeking to be added to another school
25entity's substitute list shall undergo a new employment history
26review. Except as otherwise provided in paragraph (3), the
27appearance of a substitute on one school entity's substitute
28list does not relieve another school entity from compliance with
29this section.

30(3)  An employment history review conducted upon initial

1hiring of a substitute employe by an independent contractor,
2intermediate unit or any other entity that furnishes substitute
3staffing services to school entities shall satisfy the
4requirements of this section for all school entities using the
5services of that independent contractor, intermediate unit or
6other entity.

7(4)  An independent contractor, intermediate unit or any
8other entity furnishing substitute staffing services to school
9entities shall comply with the provisions of subsection (i)(3)
10and (4).

11(5)  For purposes of this subsection, "substitute employe"
12shall not mean school bus drivers employed by an independent
13contractor.

14(i)  (1)  For employes of independent contractors, the
15employment history review required by this section shall be
16performed, either at the time of the initial hiring of the
17employe or prior to the assignment of an existing employe to
18perform work for a school entity in a position involving direct
19contact with children. The review shall remain valid as long as
20the employe remains employed by that same independent
21contractor, even though assigned to perform work for other
22school entities.

23(2)  An independent contractor shall maintain records
24documenting employment history reviews for all employes as
25required by this section and, upon request, shall provide a
26school entity for whom an employe is assigned to perform work
27access to the records pertaining to that employe.

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

1entity of any instance known to the independent contractor in
2which the employe:

3(i)  was the subject of any abuse or sexual misconduct
4investigation by any employer, State licensing agency, law
5enforcement authority or child protective services agency,
6unless such investigation resulted in a finding that allegations
7are false;

8(ii)  has ever been disciplined, discharged, nonrenewed,
9removed from a substitute list, asked to resign from employment,
10resigned from or otherwise separated from any employment while
11allegations of abuse or sexual misconduct as described in
12subparagraph (i) were pending or under investigation, or due to
13an adjudication or findings of abuse or sexual misconduct as
14described in subparagraph (i); or

15(iii)  has ever had a license, professional license or
16certificate suspended, surrendered or revoked while allegations
17of abuse or sexual misconduct as described in subparagraph (i)
18were pending or under investigation, or due to an adjudication
19or findings of abuse or sexual misconduct as described in
20subparagraph (i).

21(4)  The independent contractor may not assign the employe to
22perform work for the school entity in a position involving
23direct contact with children where the school entity objects to
24the assignment after being informed of an instance listed in
25paragraph (3).

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

1reports before making such transfer.

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

3(1)  To prevent a prospective employer from conducting
4further investigations of prospective employes or from requiring
5applicants to provide additional background information or
6authorizations beyond what is required under this section, nor
7to prevent a former employer from disclosing more information
8than what is required under this section.

9(2)  To relieve a school entity, school administrator or
10independent contractor of its legal responsibility to report
11suspected incidents of abuse in accordance with the provisions
12of 23 Pa.C.S. Ch. 63.

13(3)  To relieve a school entity, school administrator or
14independent contractor of its legal responsibility to report
15suspected incidents of professional misconduct in accordance
16with the "Professional Educator Discipline Act."

17(4)  To prohibit the right of the exclusive representative
18under a collective bargaining agreement to grieve and arbitrate
19the validity of an employe's termination or discipline for just
20cause or for the causes set forth in this act.

21(l)  (1)  The Department of Education shall have jurisdiction
22to determine wilful violations of this section and may,
23following a hearing, assess a civil penalty not to exceed ten
24thousand dollars ($10,000). School entities shall be barred from
25contracting with an independent contractor who is found to have
26wilfully violated the provisions of this section.

27(2)  Notwithstanding any provision of law to the contrary,
28the Department of Education may initiate disciplinary action
29before the Professional Standards and Practices Commission
30pursuant to the "Professional Educator Discipline Act" against

1any applicant, employe, independent contractor or school
2administrator who is subject to the "Professional Educator
3Discipline Act" for wilful violations of this section.

4(m)  Contractors and school entities shall provide their
5employes who have direct contact with children with mandatory
6training on child abuse recognition and reporting and the
7following shall apply:

8(1)  Training shall address, but shall not be limited to, the
9following topics:

10(i)  Recognition of the signs of abuse and sexual misconduct
11and reporting requirements for suspected abuse and sexual
12misconduct in this Commonwealth.

13(ii)  Provisions of the "Professional Educator Discipline
14Act," including mandatory reporting requirements.

15(iii)  School district policies related to reporting of
16suspected abuse and sexual misconduct.

17(iv)  Maintenance of professional and appropriate
18relationships with students.

19(2)  Independent contractors and school entities may provide
20training through the Internet or other distance communication
21systems.

22(3)  Employes shall complete a minimum of three (3) hours of
23training every five (5) years.

24(4)  Employes required to undergo continuing professional
25education under section 1205.2 shall receive credit toward the
26continuing professional education requirements where the
27training program has been approved by the Department of Public
28Welfare or the Department of Education.

29(n)  The Department of Education shall develop the forms for
30applicants and employers required under subsection (b)(1) and

1(2), as well as any other forms necessary to carry out the
2provisions of this section.

3(o)  As used in this section, the following words and phrases
4shall have the meanings given to them in this subsection:

5"Abuse."  Conduct that falls under the purview and reporting
6requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
7services) and is directed toward or against a child or a
8student, regardless of the age of the child or student.

9"Direct contact with children."  The possibility of care,
10supervision, guidance or control of children or routine
11interaction with children.

12"School entity."  Any public school, including a charter
13school or cyber charter school, private school, nonpublic
14school, intermediate unit or area vocational-technical school
15operating within this Commonwealth.

16"Sexual misconduct."  Any act, including, but not limited to,
17any verbal, nonverbal, written or electronic communication or
18physical activity, directed toward or with a child or a student
19regardless of the age of the child or student that is designed
20to establish a romantic or sexual relationship with the child or
21student. Such acts include, but are not limited to:

22(1)  Sexual or romantic invitation.

23(2)  Dating or soliciting dates.

24(3)  Engaging in sexualized or romantic dialog.

25(4)  Making sexually suggestive comments.

26(5)  Self-disclosure or physical exposure of a sexual,
27romantic or erotic nature.

28(6)  Any sexual, indecent, romantic or erotic contact with
29the child or student.

30Section 2.  This act shall take effect in 60 days.