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PRINTER'S NO. 1665
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1180
Session of
2015
INTRODUCED BY WILLIAMS, TEPLITZ, EICHELBERGER, RESCHENTHALER,
FONTANA AND AUMENT, APRIL 1, 2016
REFERRED TO EDUCATION, APRIL 1, 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, providing
for prohibition against employment assistance.
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 111.3. Prohibition Against Employment Assistance.--
(a) The following individuals and entities may not assist an
employe, contractor or agent of a school entity to obtain new
employment if the individual or entity knows or has a reasonable
belief that the employe, contractor or agent engaged in abuse or
sexual misconduct regarding a minor or student in violation of
law:
(1) An individual who is an employe, contractor or agent of
a school entity or the department.
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(2) A member of the governing body of a school entity.
(3) A school entity.
(4) The department.
(b) Nothing in this section shall be construed:
(1) To relieve any of the following of the legal
responsibility to report suspected incidents of abuse in
accordance with the provisions of 23 Pa.C.S. Ch. 63 (relating to
child protective services):
(i) An individual who is an employe, contractor or agent of
a school entity or the department.
(ii) A school entity.
(iii) The department.
(2) To relieve a school entity, school administrator or
independent contractor of the legal responsibility to report
suspected incidents of professional misconduct in accordance
with the act of December 12, 1973 (P.L.397, No.141), known as
the "Educator Discipline Act."
(c) (1) Except as provided in clause (2), the department
shall have jurisdiction to determine willful violations of
subsection (a) and may, following a hearing, assess a civil
penalty not to exceed ten thousand dollars ($10,000). A school
entity shall be barred from contracting with an independent
contractor that is found to have willfully violated subsection
(a).
(2) For a determination of a willful violation of subsection
(a) by the department, the Attorney General shall have the
authority to investigate and may bring an action for a civil
penalty in Commonwealth Court. In this action, the department,
if found by the Commonwealth Court to have willfully violated
subsection (a), shall be liable for a civil penalty not to
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exceed ten thousand dollars ($10,000).
(d) Notwithstanding any provision of law to the contrary,
the department may initiate disciplinary action before the
Professional Standards and Practices Commission in accordance
with the "Educator Discipline Act" against an employe,
independent contractor or school administrator who is subject to
the "Educator Discipline Act" for a willful violation of
subsection (a).
(e) The department shall develop any forms necessary to
carry out the provisions of this section.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Abuse." Conduct that falls under the purview and reporting
requirements of 23 Pa.C.S. Ch. 63 and is directed toward or
against a child or student, regardless of age of the child or
student.
"Assist." When used in relation to assisting an individual
to obtain employment, includes, but is not limited to, the
provision of any written or oral endorsement or recommendation
of an individual to a potential future employer. The term does
not include the routine transmission of administrative and
personnel files.
"Department." The Department of Education of the
Commonwealth.
"School entity." A school district, joint school district,
intermediate unit, area vocational-technical school, charter
school, regional charter school, cyber charter school, licensed
private academic school and any other public or nonpublic school
serving students in any grade between kindergarten and grade
twelve within this Commonwealth.
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"Sexual misconduct." An act, including, but not limited to,
a verbal, nonverbal, written or electronic communication or
physical activity, directed toward or with a child or a student
regardless of the age of the child or student that is designed
to establish a romantic or sexual relationship with the child or
student. Such acts include, but are not limited to:
(1) Sexual or romantic invitation.
(2) Dating or soliciting dates.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments.
(5) Self-disclosure or physical exposure of a sexual,
romantic or erotic nature.
(6) Any sexual, indecent, romantic or erotic contact with
the child or student.
Section 2. This act shall take effect in 60 days.
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