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                                                       PRINTER'S NO. 658

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 585 Session of 2005


        INTRODUCED BY O'NEILL, BALDWIN, CALTAGIRONE, CAPPELLI, CAWLEY,
           CLYMER, CRAHALLA, CREIGHTON, FLEAGLE, GINGRICH, HARRIS,
           HENNESSEY, LEDERER, MANDERINO, McILHATTAN, PETRI, REICHLEY,
           SCAVELLO, STERN, E. Z. TAYLOR, THOMAS AND WANSACZ,
           FEBRUARY 16, 2005

        REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 16, 2005

                                     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," further providing for
     6     disqualifications.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1209 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949,
    11  amended April 15, 1959 (P.L.41, No.16) and June 24, 1959
    12  (P.L.485, No.110), is amended to read:
    13     Section 1209.  Disqualifications.--No teacher's certificate
    14  shall be granted to any person who:
    15     (1)  has not submitted, upon a blank furnished by the
    16  [Superintendent of Public Instruction] Secretary of Education, a
    17  certificate from a physician legally qualified to practice
    18  medicine in this Commonwealth, or in any other state or the


     1  District of Columbia or a physician's assistant or a certified
     2  registered nurse practitioner (CRNP) licensed by the
     3  Commonwealth, setting forth that said applicant [is neither
     4  mentally nor physically disqualified, by reason of tuberculosis
     5  or any other communicable disease or by reason of mental
     6  disorder from successful performance of the duties of a teacher;
     7  nor to any person who has not a good moral character, or who is
     8  in the habit of using opium or other narcotic drugs in any form,
     9  or any intoxicating drink as a beverage, or to any applicant who
    10  has a major physical disability or defect unless such a person
    11  submits a certificate signed by an official of the college or
    12  university from which he was graduated or of an appropriate
    13  rehabilitation agency, certifying that in the opinion of such
    14  official the applicant, by his work and activities, demonstrated
    15  that he is sufficiently adjusted, trained and motivated to
    16  perform the duties of a teacher, notwithstanding his
    17  impediment.] has no current mental or physical impairment which
    18  prevents said applicant from performing the essential functions
    19  of a teaching position with or without reasonable accommodation;
    20     (2)  is of bad moral character; and
    21     (3)  has been convicted of a drug crime.
    22     Section 2.  This act shall take effect in 60 days.






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