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

1would be employed by or in a school entity in a position
2involving direct contact with children, the school entity or
3independent contractor shall:

4(1) Require the applicant to provide:

5(i) A list, including name, address, telephone number and
6other relevant contact information of the applicant's:

7(A) Current employer.

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

9(C) All former employers where the applicant was employed in
10positions that involved direct contact with children.

<-11(D) All other former employers subsequent to the applicant's
12eighteenth birthday and within the previous ten (10) years.

13(ii) A written authorization that consents to and authorizes
14disclosure by the applicant's current and former employers in
15subparagraph (i) of the information requested under paragraph
16(2) and the release of related records and that releases those
17employers from liability that may arise from such disclosure or
18release of records pursuant to subsection (d)(5).

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

20(A) has been the subject of an abuse or sexual misconduct
21investigation by any employer, State licensing agency, law
22enforcement agency or child protective services agency, unless
23the investigation resulted in a finding that the allegations
24were false;

25(B) has ever been disciplined, discharged, nonrenewed, asked
26to resign from employment, resigned from or otherwise separated
27from any employment while allegations of abuse or sexual
28misconduct as described in clause (A) were pending or under
29investigation, or due to an adjudication or findings of abuse or
30sexual misconduct as described in clause (A); or

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

7(2) Conduct a review of the employment history of the
8applicant by contacting those employers listed by the applicant
9under the provisions of paragraph (1)(i) and requesting the
10following information:

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

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

13(A) was the subject of any abuse or sexual misconduct
14investigation by any employer, State licensing agency, law
15enforcement agency or child protective services agency, unless
16such investigation resulted in a finding that the allegations
17were false;

18(B) was disciplined, discharged, nonrenewed, asked to resign
19from employment, resigned from or otherwise separated from any
20employment while allegations of abuse or sexual misconduct as
21described in clause (A) were pending or under investigation, or
22due to an adjudication or findings of abuse or sexual misconduct
23described in clause (A); or

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

30(3) Check the eligibility for employment or certification

1status of any applicant involving direct contact with children
2to determine whether the applicant holds valid and active
3certification appropriate for the position and is otherwise
4eligible for employment and whether the applicant has been the
5subject of public professional discipline.

6(c) An applicant who provides false information or wilfully
7fails to disclose information required in subsection (b) shall
8be subject to discipline up to, and including, termination or
9denial of employment and may be subject to criminal prosecution
10under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
11authorities), and may be subject to civil penalties and
12professional discipline in accordance with subsection (l).

13(d) (1) No later than twenty (20) days after receiving a
14request for information required under subsection (b)(2), an
15employer that has or had an employment relationship with the
16applicant shall disclose the information requested.

17(2) The employer shall disclose the information on a
18standardized form developed by the Department of Education.

19(3) (i) After reviewing the information initially disclosed
20under paragraph (1) and finding an affirmative response to
21subsection (b)(1)(A), (B) or (C) or (2)(A), (B) or (C), where
22the prospective employing school entity or contractor makes a
23determination to further consider the applicant for employment,
24the school entity or contractor shall request that former
25employers provide additional information about the matters
26disclosed and all related records.

27(ii) Former employers shall provide the additional
28information requested no later than sixty (60) days after the
29prospective employer's request under this paragraph.

30(4) (i) Information received under this section shall not

1be deemed a public record for the purposes of the act of
2February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
3Law."

4(ii) A school entity that receives the information under
5this subsection may use the information for the purpose of
6evaluating an applicant's fitness to be hired or for continued
7employment and may report the information as appropriate to the
8Department of Education, a State licensing agency, law
9enforcement agency, child protective services agency, another
10school entity or prospective employer.

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

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

1professional discipline where appropriate, in accordance with
2subsection (l).

3(7) Notwithstanding any provision of law to the contrary, an
4employer, school entity, school administrator, independent
5contractor or applicant shall report and disclose in accordance
6with this section all relevant information, records and
7documentation that may otherwise be confidential under 23
8Pa.C.S. Ch. 63 and the "Professional Educator Discipline Act."

9(e) (1) A school entity or independent contractor may not
10hire an applicant who does not provide the information required
11under subsection (b) for a position involving direct contact
12with children.

13(2) A school entity <-or independent contractor may hire an
14applicant on a provisional basis for a period not to exceed
15ninety (90) days pending the school entity's <-or independent 
16contractor's review of information and records received under
17this section, provided that all of the following are satisfied:

18(i) The applicant has provided all of the information and
19supporting documentation required under subsection (b).

20(ii) The school administrator has no knowledge of
21information pertaining to the applicant that would disqualify
22the applicant from employment.

23(iii) The applicant swears or affirms that the applicant is
24not disqualified from employment.

25(iv) The applicant is not permitted to work alone with
26children and works in the immediate vicinity of a permanent
27employe.

28(f) On or after the effective date of this section, a school
29entity or independent contractor may not enter into a collective
30bargaining agreement, an employment contract, an agreement for

1resignation or termination, a severance agreement or any other
2contract or agreement or take any action that:

3(1) has the effect of suppressing information relating to an
4investigation related to a report of suspected abuse or sexual
5misconduct by a current or former employe;

6(2) affects the ability of the school entity or independent
7contractor to report suspected abuse or sexual misconduct to the
8appropriate authorities; or

9(3) requires the school entity or independent contractor to
10expunge information about allegations or findings of suspected
11abuse or sexual misconduct from any documents maintained by the
12school entity or independent contractor, unless after
13investigation the allegations are found to be false.

14(g) Any provision of an employment contract or agreement for
15resignation or termination or a severance agreement that is
16executed, amended or entered into after the effective date of
17this section and that is contrary to this section shall be void
18and unenforceable.

19(h) (1) For substitute employes, the employment history
20review required by this section shall be required only prior to
21the initial hiring of a substitute or placement on the school
22entity's approved substitute list and shall remain valid as long
23as the substitute continues to be employed by the same school
24entity or remains on the school entity's approved substitute
25list.

26(2) A substitute seeking to be added to another school
27entity's substitute list shall undergo a new employment history
28review. Except as otherwise provided in paragraph (3), the
29appearance of a substitute on one school entity's substitute
30list does not relieve another school entity from compliance with

1this section.

2(3) An employment history review conducted upon initial
3hiring of a substitute employe by an independent contractor,
4intermediate unit or any other entity that furnishes substitute
5staffing services to school entities shall satisfy the
6requirements of this section for all school entities using the
7services of that independent contractor, intermediate unit or
8other entity.

9(4) An independent contractor, intermediate unit or any
10other entity furnishing substitute staffing services to school
11entities shall comply with the provisions of subsection (i)(3)
12and (4).

13(5) For purposes of this subsection, "substitute employe"
14shall not mean school bus drivers employed by an independent
15contractor.

16(i) (1) For employes of independent contractors, the
17employment history review required by this section shall be
18performed, either at the time of the initial hiring of the
19employe or prior to the assignment of an existing employe to
20perform work for a school entity in a position involving direct
21contact with children. The review shall remain valid as long as
22the employe remains employed by that same independent
23contractor, even though assigned to perform work for other
24school entities.

25(2) An independent contractor shall maintain records
26documenting employment history reviews for all employes as
27required by this section and, upon request, shall provide a
28school entity for whom an employe is assigned to perform work
29access to the records pertaining to that employe.

30(3) Prior to assigning an employe to perform work for a

1school entity in a position involving direct contact with
2children, the independent contractor shall inform the school
3entity of any instance known to the independent contractor in
4which the employe:

5(i) was the subject of any abuse or sexual misconduct
6investigation by any employer, State licensing agency, law
7enforcement authority or child protective services agency,
8unless such investigation resulted in a finding that allegations
9are false;

10(ii) has ever been disciplined, discharged, nonrenewed,
11removed from a substitute list, asked to resign from employment,
12resigned from or otherwise separated from any employment while
13allegations of abuse or sexual misconduct as described in
14subparagraph (i) were pending or under investigation, or due to
15an adjudication or findings of abuse or sexual misconduct as
16described in subparagraph (i); or

17(iii) has ever had a license, professional license or
18certificate suspended, surrendered or revoked while allegations
19of abuse or sexual misconduct as described in subparagraph (i)
20were pending or under investigation, or due to an adjudication
21or findings of abuse or sexual misconduct as described in
22subparagraph (i).

23(4) The independent contractor may not assign the employe to
24perform work for the school entity in a position involving
25direct contact with children where the school entity objects to
26the assignment after being informed of an instance listed in
27paragraph (3).

28(j) An applicant who has once undergone the employment
29history review required under this section and seeks transfer to
30or provide services to another school in the same district,

1diocese or religious judicatory or established and supervised by
2the same organization shall not be required to obtain additional
3reports before making such transfer.

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

5(1) To prevent a prospective employer from conducting
6further investigations of prospective employes or from requiring
7applicants to provide additional background information or
8authorizations beyond what is required under this section, nor
9to prevent a former employer from disclosing more information
10than what is required under this section.

11(2) To relieve a school entity, school administrator or
12independent contractor of its legal responsibility to report
13suspected incidents of abuse in accordance with the provisions
14of 23 Pa.C.S. Ch. 63.

15(3) To relieve a school entity, school administrator or
16independent contractor of its legal responsibility to report
17suspected incidents of professional misconduct in accordance
18with the "Professional Educator Discipline Act."

19(4) To prohibit the right of the exclusive representative
20under a collective bargaining agreement to grieve and arbitrate
21the validity of an employe's termination or discipline for just
22cause or for the causes set forth in this act.

23(l) (1) The Department of Education shall have jurisdiction
24to determine wilful violations of this section and may,
25following a hearing, assess a civil penalty not to exceed ten
26thousand dollars ($10,000). School entities shall be barred from
27contracting with an independent contractor who is found to have
28wilfully violated the provisions of this section.

29(2) Notwithstanding any provision of law to the contrary,
30the Department of Education may initiate disciplinary action

1before the Professional Standards and Practices Commission
2pursuant to the "Professional Educator Discipline Act" against
3any applicant, employe, independent contractor or school
4administrator who is subject to the "Professional Educator
5Discipline Act" for wilful violations of this section.

<-6(m) Contractors and school entities shall provide their
7employes who have direct contact with children with mandatory
8training on child abuse recognition and reporting and the
9following shall apply:

10(1) Training shall address, but shall not be limited to, the
11following topics:

12(i) Recognition of the signs of abuse and sexual misconduct
13and reporting requirements for suspected abuse and sexual
14misconduct in this Commonwealth.

15(ii) Provisions of the "Professional Educator Discipline
16Act," including mandatory reporting requirements.

17(iii) School district policies related to reporting of
18suspected abuse and sexual misconduct.

19(iv) Maintenance of professional and appropriate
20relationships with students.

21(2) Independent contractors and school entities may provide
22training through the Internet or other distance communication
23systems.

24(3) Employes shall complete a minimum of three (3) hours of
25training every five (5) years.

26(4) Employes required to undergo continuing professional
27education under section 1205.2 shall receive credit toward the
28continuing professional education requirements where the
29training program has been approved by the Department of Public
30Welfare or the Department of Education.

1(n) <-(m) The Department of Education shall develop the forms
2for applicants and employers required under subsection (b)(1)
3and (2), as well as any other forms necessary to carry out the
4provisions of this section.

<-5(o) (n) As used in this section, the following words and
6phrases shall have the meanings given to them in this
7subsection:

8"Abuse." Conduct that falls under the purview and reporting
9requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
10services) and is directed toward or against a child or a
11student, regardless of the age of the child or student.

12"Direct contact with children." The possibility of care,
13supervision, guidance or control of children or routine
14interaction with children.

15"School entity." Any public school, including a charter
16school or cyber charter school, private school, nonpublic
17school, intermediate unit or area vocational-technical school
18operating within this Commonwealth.

19"Sexual misconduct." Any act, including, but not limited to,
20any verbal, nonverbal, written or electronic communication or
21physical activity, directed toward or with a child or a student
22regardless of the age of the child or student that is designed
23to establish a romantic or sexual relationship with the child or
24student. Such acts include, but are not limited to:

25(1) Sexual or romantic invitation.

26(2) Dating or soliciting dates.

27(3) Engaging in sexualized or romantic dialog.

28(4) Making sexually suggestive comments.

29(5) Self-disclosure or physical exposure of a sexual,
30romantic or erotic nature.

1(6) Any sexual, indecent, romantic or erotic contact with
2the child or student.

3Section 2. This act shall take effect in 60 days.