Regular Session 2021-2022 House Bill 1014 P.N. 1045

PRINTER'S NO. 1045

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1014

Session of

2021

INTRODUCED BY SILVIS, CIRESI, COOK, COX, DeLUCA, DIAMOND,

HERSHEY, B. MILLER, MOUL, NEILSON, RIGBY, SAYLOR, SMITH AND

WEBSTER, MARCH 24, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 24, 2021

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 school directors, further

providing for eligibility and incompatible offices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 322 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, is amended to

read:

Section 322. Eligibility; Incompatible Offices.--(a) Any

citizen of this Commonwealth, having a good moral character,

being eighteen (18) years of age or upwards, [and] having been a

resident of the district for at least one (1) year immediately

prior to the date of his election or appointment and having

fulfilled the requirements under subsection (b), shall be

eligible to the office of school director therein: Provided,

That any person holding any office or position of profit under

the government of any city of the first class, or the office of

mayor, chief burgess, county commissioner, district attorney,

city, borough, or township treasurer, member of council in any

municipality, township commissioner, township supervisor, tax

collector, assessor, assistant assessor, any comptroller,

auditor, constable, executive director or assistant executive

director of an intermediate unit, supervisor, principal,

teacher, or employe of any school district, shall not be

eligible as a school director in this Commonwealth. This section

shall not prevent any district superintendent, assistant

district superintendent, supervisor, teacher, or employe of any

school district, from being a school director in a district

other than the one in which he is so employed, and other than in

a district with which the district in which he is employed

operates a joint school or department. Provided, however, That a

joint school or department does not include a career and

technical school, intermediate unit or community college: And

provided further, That a school director who is a supervisor,

principal, teacher or employe of a career and technical school,

intermediate unit or community college shall not serve as a

member of a board of the career and technical school,

intermediate unit or community college in which he is a

supervisor, principal, teacher or employe: And provided further,

That a school director who is a supervisor, principal, teacher

or employe of a career and technical school, intermediate unit

or community college, shall not be assigned to a position of

employment under the supervision of the district in which he or

she serves as a member of the board of school directors. A

school director shall not be eligible to the office of member of

council in any municipality.

20210HB1014PN1045 - 2 -

(b) Subject to subsection (a), a person shall be eligible to

the office of school director if the person submits the

following information to the board of school directors:

(1) 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 the person.

The criminal history record information shall be limited to that

which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)

(relating to general regulations).

(2) A certification from the Department of Human Services as

to whether the person is named in the Statewide database as the

alleged perpetrator in a pending child abuse investigation or as

the perpetrator of a founded report or an indicated report.

(3) A report of Federal criminal history record information.

The person shall submit a full set of fingerprints to the

Pennsylvania State Police for the purpose of a record check, and

the Pennsylvania State Police or its authorized agent shall

submit the fingerprints to the Federal Bureau of Investigation

for the purpose of verifying the identity of the person and

obtaining a current record of any criminal arrests and

convictions.

director shall, as part of the candidate's affidavit under

Article IX of the act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code, state that the information

specified under subsection (b) has been obtained.

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

20210HB1014PN1045 - 3 -