PRINTER'S NO. 2139
No. 1734 Session of 1999
INTRODUCED BY M. COHEN, JUNE 21, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 21, 1999
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for employees accused of
6 crimes against students.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 111.1. Certain Offenses Against Students.--(a) This
13 section shall apply to all employes of public and private
14 schools, intermediate units and area vocational-technical
15 schools, including independent contractors and their employes,
16 who have direct contact with students.
17 (b) The board of directors of a school district which
18 employs a person who is accused of committing a civil or
19 criminal offense against a student shall, after notice and
1 hearing, take the action it deems necessary to protect the
2 students of the district and its taxpayers. Action shall be
3 limited to one of the following:
4 (1) The board shall transfer the employe to an alternative
5 duty which has no opportunity for child contact.
6 (2) The board shall suspend the employe with pay pending
7 conclusion of the investigation and, if any, trial.
8 (3) The board shall suspend the employe without pay pending
9 conclusion of the investigation and, if any, trial. Back pay
10 would be awarded to the employe upon an outcome in his or her
11 favor.
12 (c) The superintendent of the district may take emergency
13 action to transfer or suspend the employe from his or her duties
14 until the board of directors is able to take official action in
15 accordance with subsection (b), if the superintendent believes
16 the facts warrant speedy action.
17 (d) For the purposes of this section, an offense against a
18 student shall include all the criminal offenses set forth in
19 subsection (e) of section 111 and the civil offense of sexual
20 harassment.
21 Section 2. This act shall take effect in 60 days.
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