Regular Session 2015-2016 House Bill 0158 P.N. 2721

SENATE AMENDED

PRIOR PRINTER'S NOS. 144, 233, 692

PRINTER'S NO. 2721

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

158

Session of

2015

INTRODUCED BY PEIFER, MILLARD, LONGIETTI, O'NEILL, GROVE, MURT,

TALLMAN, SAYLOR, M. K. KELLER, CARROLL, READSHAW, MAJOR,

TOPPER, PHILLIPS-HILL, R. BROWN, GIBBONS, KORTZ, DAVIS AND

BRIGGS, JANUARY 22, 2015

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JANUARY 19, 2016

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," IN PRELIMINARY PROVISIONS, FURTHER

PROVIDING FOR CRIMINAL HISTORY OF EMPLOYEES AND PROSPECTIVE

EMPLOYEES AND CONVICTION OF CERTAIN OFFENSES; AND, in terms

and courses of study, providing for secretary declaration of

emergencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

SECTION 1. SECTION 111(B) AND (C.1) OF THE ACT OF MARCH 10,

1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,

AMENDED OR ADDED JULY 9, 2008 (P.L.846, NO.61), ARE AMENDED AND

THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 111. CRIMINAL HISTORY OF EMPLOYES AND PROSPECTIVE

EMPLOYES; CONVICTION OF CERTAIN OFFENSES.--

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(B) ADMINISTRATORS OF PUBLIC AND PRIVATE SCHOOLS,

INTERMEDIATE UNITS AND AREA VOCATIONAL-TECHNICAL SCHOOLS SHALL

REQUIRE PROSPECTIVE EMPLOYES TO SUBMIT WITH THEIR EMPLOYMENT

APPLICATION, PURSUANT TO 18 PA.C.S. CH.91 (RELATING TO CRIMINAL

HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY RECORD

INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT

FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE POLICE CENTRAL

REPOSITORY CONTAINS NO SUCH INFORMATION RELATING TO THAT PERSON.

SUCH REPORT OF CRIMINAL HISTORY RECORD INFORMATION SHALL BE NO

MORE THAN [ONE (1) YEAR] FIVE (5) YEARS OLD. AN APPLICANT MAY

SUBMIT A COPY OF THE REQUIRED INFORMATION WITH THE APPLICATION

FOR EMPLOYMENT. ADMINISTRATORS SHALL MAINTAIN A COPY OF THE

REQUIRED INFORMATION. ADMINISTRATORS SHALL REQUIRE CONTRACTORS

TO PRODUCE A REPORT OF CRIMINAL HISTORY RECORD INFORMATION FOR

EACH PROSPECTIVE EMPLOYE OF SUCH CONTRACTOR PRIOR TO EMPLOYMENT.

A COPY OF THE REPORT OF CRIMINAL HISTORY RECORD INFORMATION FROM

THE PENNSYLVANIA STATE POLICE SHALL BE MADE AVAILABLE TO THE

APPLICANT IN A MANNER PRESCRIBED BY THE DEPARTMENT OF EDUCATION.

(C.1) BEGINNING APRIL 1, 2007, ADMINISTRATORS SHALL MAINTAIN

ON FILE WITH THE APPLICATION FOR EMPLOYMENT A COPY OF THE

FEDERAL CRIMINAL HISTORY RECORD IN A MANNER PRESCRIBED BY THE

DEPARTMENT OF EDUCATION. AT A MINIMUM, THE DEPARTMENT OF

EDUCATION SHALL PRESCRIBE A METHOD FOR APPLICANTS TO SUBMIT A

SET OF FINGERPRINTS TO BE TRANSMITTED TO THE FEDERAL BUREAU OF

INVESTIGATION FOR FEDERAL CRIMINAL HISTORY RECORD INFORMATION

PURSUANT TO THE APPLICABLE FEDERAL LAW. THE FEDERAL CRIMINAL

HISTORY RECORD INFORMATION REPORT SHALL BE NO MORE THAN [ONE (1)

YEAR] FIVE (5) YEARS OLD. ADMINISTRATORS SHALL MAINTAIN A COPY

OF THE REQUIRED INFORMATION AND SHALL REQUIRE EACH APPLICANT TO

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SECURE A FEDERAL CRIMINAL HISTORY RECORD INFORMATION REPORT THAT

MAY NOT BE MORE THAN [ONE (1) YEAR] FIVE (5) YEARS OLD AT THE

TIME OF EMPLOYMENT. A COPY OF THE FEDERAL CRIMINAL HISTORY

RECORD INFORMATION REPORT SHALL BE MADE AVAILABLE TO THE

APPLICANT IN A MANNER PRESCRIBED BY THE DEPARTMENT OF EDUCATION.

* * *

(C.3) IN ACCORDANCE WITH 23 PA.C.S. § 6344.4 (RELATING TO

RECERTIFICATION), ADMINISTRATORS SHALL REQUIRE THE PERSONS

SUBJECT TO THIS SECTION TO OBTAIN THE REPORTS DESCRIBED IN

SUBSECTIONS (B) AND (C.1) AND UNDER 23 PA.C.S. § 6344(B)(2)

(RELATING TO EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE

AND FOSTER PARENTS) ON A RENEWED BASIS EVERY SIXTY (60) MONTHS.

ANY PERSON SUBJECT TO THIS SECTION WHO HAS PREVIOUSLY NOT BEEN

REQUIRED TO OBTAIN THE REPORTS REQUIRED BY SUBSECTIONS (B) AND

(C.1) AND UNDER 23 PA.C.S. § 6344(B)(2) ON ACCOUNT OF SERVICE

PRIOR TO APRIL 1, 2007, SHALL BE REQUIRED TO OBTAIN SUCH REPORTS

NO LATER THAN DECEMBER 31, 2015. THE ADMINISTRATOR SHALL REVIEW

THE REPORTS AND DETERMINE IF THE REPORTS DISCLOSE INFORMATION

THAT MAY REQUIRE FURTHER ACTION. THE ADMINISTRATOR SHALL

MAINTAIN A COPY OF THE REQUIRED REPORTS.

(C.4) TO THE EXTENT PERMITTED BY 23 PA.C.S. § 6344.3(F)

(RELATING TO CONTINUED EMPLOYMENT OR PARTICIPATION IN PROGRAM,

ACTIVITY OR SERVICE), AN ADMINISTRATOR MAY ACCEPT THE REPORTS

IDENTIFIED IN 23 PA.C.S. § 6344(B)(1) AND (3) OBTAINED FOR

EMPLOYMENT REQUIREMENTS PURSUANT TO 23 PA.C.S. § 6344 IN

SATISFACTION OF THE REQUIREMENTS OF SUBSECTIONS (B) AND (C.1),

PROVIDED THE REPORTS ARE NOT MORE THAN SIXTY (60) MONTHS OLD AND

THE APPLICANT PROVIDES THE ADMINISTRATOR WITH THE REPORT

DESCRIBED IN SUBSECTION (J)(1) INDICATING THAT THE INDIVIDUAL

HAS NOT BEEN DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION

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(E) OR (F.1). THE APPLICANT SHALL ALSO PROVIDE AN ATTESTATION

THAT THE APPLICANT HAS NOT BEEN DISQUALIFIED FOR EMPLOYMENT

UNDER 23 PA.C.S. § 6344(C)(1). THE ADMINISTRATOR SHALL REVIEW

THE REPORTS AND DETERMINE IF THE REPORTS DISCLOSE INFORMATION

THAT MAY REQUIRE FURTHER ACTION AND SHALL MAINTAIN A COPY OF THE

REQUIRED REPORTS.

* * *

SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

Section 1505. Secretary Declaration of Emergencies.--(a)

Beginning in the 2015-2016 school year and in each school year

thereafter, the Secretary of Education may issue a weather-

related, safety-related or health-related emergency declaration

on a school entity, charter school entity, county or Statewide

basis under which:

(1) A school entity may satisfy the one hundred eighty (180)

instructional day per school year requirement in section 1501 of

this act by one or more of the following options:

(i) Approving, by majority vote of the governing board of

the school entity, a school year with a minimum of nine hundred

(900) hours of instruction at the elementary level and nine

hundred ninety (990) hours of instruction at the secondary level

in lieu of one hundred eighty (180) instructional days.

(ii) Approving, by majority vote of the governing board of

the school entity, the scheduling of additional instructional

days on Saturdays to complete one hundred eighty (180)

instructional days or nine hundred (900) hours of instruction at

the elementary level and nine hundred ninety (990) hours of

instruction at the secondary level: Provided, however, that a

school entity shall not schedule more than one Saturday per

month as an instructional day and shall not schedule tests or

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other examinations on a Saturday. Where a school entity chooses

to schedule an instructional day on Saturday under the

provisions of this subparagraph, the following shall apply:

(A) The school entity may schedule a regular instructional

day on the following Monday.

(B) The school entity shall, upon the written request of a

parent or guardian, excuse a student from school attendance if

the student has the opportunity to receive a program of advanced

instruction, to participate in academic or skills competition or

to engage in leadership development activities. The request

shall identify and describe the instruction, competition or

leadership development activities and the dates and hours for

which the absence is requested. The parent or guardian shall,

following each such absence, furnish in writing to the school

entity a statement attesting to the student's participation,

including the dates and hours of such participation.

of a parent or guardian, excuse a student from school attendance

to observe or participate in a religious activity or function. A

student's absence from school pursuant to this clause shall be

considered an instructional day and shall not be recorded as an

absence on the student's attendance record or on the record of

any group or class of which the student is a member. There shall

be no penalty attached for any such absences pursuant to this

clause.

(2) A charter school entity may satisfy the one hundred

eighty (180) instructional day per school year or nine hundred

(900) hours of instruction at the elementary level or nine

hundred ninety (990) hours of instruction at the secondary level

per school year requirement in section 1715-A through compliance

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with paragraph (1)(ii); Provided, That for purposes of this

paragraph, the term "school entity" as used in paragraph (1)(ii)

shall include a charter school entity.

(b) A school entity or charter school entity shall notify

the department, on a form to be developed by the department, of

any decision to use the options provided for under subsection

(a).

less subsidy payments or reimbursements than it would otherwise

be entitled to receive by the decision to use the options

provided under subsection (a).

(d) Nothing in this section shall be construed to supersede

or preempt any provisions of a collective bargaining agreement

negotiated by a school entity or charter school entity and an

exclusive representative of the employes in accordance with the

act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act."

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Charter school entity" shall mean a charter school, regional

charter school or cyber charter school.

"Department" shall mean the Department of Education of the

Commonwealth.

"School entity" shall mean a school district, area

vocational-technical school or intermediate unit .

SECTION 3. THE AMENDMENT OR ADDITION OF SECTION 111(B),

(C.1), (C.3) AND (C.4) OF THE ACT SHALL BE RETROACTIVE TO

DECEMBER 31, 2015.

Section 2 4. This act shall take effect in 60 days. AS

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FOLLOWS:

(1) THE ADDITION OF SECTION 1505 OF THE ACT SHALL TAKE

EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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