THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, D. COSTA, DALEY, HARHAI, KOTIK, KULA, MAHONEY, MURT, READSHAW, STABACK, SWANGER, YOUNGBLOOD AND DAVIDSON, JUNE 24, 2011

REFERRED TO COMMITTEE ON EDUCATION, JUNE 24, 2011  

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," further providing for background

checks of prospective employees and for conviction of

employees of certain offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 111(e), (f) and (h) of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, amended December 19, 1990 (P.L.1362, No.211) and December

23, 2003 (P.L.304, No.48), are amended and the section is

amended by adding subsections to read:

Section 111.  Background Checks of Employes and Prospective

Employes; Conviction of Employes of Certain Offenses.--* * *

(e)  No person subject to this act shall be employed in a

public or private school, intermediate unit or area vocational-

technical school where the report of criminal history record

information indicates the applicant has been convicted[, within

five (5) years immediately preceding the date of the report,] of

any of the following offenses:

(1)  An offense under one or more of the following provisions

of Title 18 of the Pennsylvania Consolidated Statutes:

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

[Former section 2709(b) (relating to stalking).]

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor vehicle 

or structure).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 3129 (relating to sexual intercourse with animal).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902(b) (relating to

prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other sexual

materials and performances).

Section  6301(a)(1) (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with minor).

Section 6319 (relating to solicitation of minors to traffic

drugs).

Section 6320 (relating to sexual exploitation of children).

(2)  An offense designated as a felony under the act of April

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

Drug, Device and Cosmetic Act."

(3)  An [out-of-State or Federal] offense similar in nature

to those crimes listed in clauses (1) and (2) under the laws of

the United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation, or under a former law of this

Commonwealth.

[(f)  The requirements of this section shall not apply to

employes of public and private schools, intermediate units and

area vocational-technical schools who meet all the following

requirements:

(1)  The employes are under twenty-one (21) years of age.

(2)  They are employed for periods of ninety (90) days or

less.

(3)  They are a part of a job development and/or job training

program funded in whole or in part by public or private sources.

Once employment of a person who meets these conditions

extends beyond ninety (90) days, all requirements of this

section shall take effect.]

(f.1)  (1)  If the report of criminal history record

information indicates the person has been convicted of a felony

offense of the first, second or third degree other than those

enumerated under subsection (e), the person shall be eligible

for prospective employment if a period of ten years has elapsed

from the date of expiration of the sentence for the offense.

(2)  If the conviction is for a misdemeanor of the first

degree, the person shall be eligible for prospective employment

if a period of five years has elapsed from the date of

expiration of the sentence for the offense.

(3)  If the report of criminal history record information

indicates the person has been convicted more than once for an

offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to

driving under influence of alcohol or controlled substance) and

the offense is graded as a misdemeanor of the first degree under

75 Pa.C.S. § 3803 (relating to grading), the person shall be

eligible for prospective employment if a period of three years

has elapsed from the date of expiration of the sentence for the

most recent offense.

(f.2)  Nothing in this section shall be construed to

interfere with the ability of a public or private school,

intermediate unit or area vocational-technical school to make

employment, discipline or termination decisions.

* * *

(h)  [No person employed in a public or private school on the

effective date of this section shall be required to obtain the

information required herein as a condition of continued

employment.] Any person employed in a public or private school,

intermediate or vocational-technical school, having direct

contact with children attending any of these entities shall

obtain the information required under this section within two

(2) years of the effective date of subsection (f.1) and once

every seven (7) years thereafter as a condition of continued

employment. Any person who has once obtained the information

required under this section may transfer to another school in

the same district or established and supervised by the same

organization and shall not be required to obtain additional

reports before making such transfer.

* * *

(j)  (1)  Employes of a public and private school,

intermediate unit or area vocational-technical school shall

notify, verbally and in writing, the chief school administrator

or designee of any arrest or any conviction for an offense

enumerated under subsection (e). Employes of a public and

private school, intermediate unit or area vocational-technical

school shall notify, verbally and in writing, the chief school

administrator or designee of any arrest or any conviction for

any felony or misdemeanor offense occurring in this

Commonwealth, under the laws of the United States or one of its

territories or possessions, another state, the District of

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

or under a former law of this Commonwealth, where the arrest or

conviction occurred within ten years prior to the effective date

of this subsection. If the arrest or conviction occurs after the

effective date of this subsection, the employe shall provide

notice no later than seventy-two (72) hours after an arrest or

conviction.

(2)  If a chief school administrator or designee has a

reasonable belief that an employe was arrested or has a

conviction for an offense required to be reported under clause

(1) and the employe has not notified the chief school

administrator or designee as required under clause (1), the

chief school administrator or designee shall have the authority

to immediately require the employe to submit to the chief school

administrator or designee a current report of criminal history

record information as required under subsections (a)(7), (b) and

(c). The cost of the criminal background check shall be borne by

the employing school entity.

(3)  An employe who willfully fails to disclose a conviction

for an offense enumerated under subsection (e)(1) shall be

subject to discipline up to and including termination or denial

of employment. An employe who willfully fails to disclose a

conviction of any other offense required to be reported by this

section may be subject to discipline.

Section 2.  This act shall take effect in 90 days.