PRINTER'S NO. 125

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 138 Session of 2005

        INTRODUCED BY ERICKSON, WONDERLING, RAFFERTY, KITCHEN, ROBBINS,
           COSTA, MUSTO, PILEGGI, GREENLEAF, EARLL, ORIE AND WAUGH,
           FEBRUARY 1, 2005

        REFERRED TO EDUCATION, FEBRUARY 1, 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 background
     6     checks.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 111(i) of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949,
    11  amended December 19, 1990 (P.L.1362, No.211), is amended to
    12  read:
    13     Section 111.  Background Checks of Prospective Employes;
    14  Conviction of Employes of Certain Offenses.--* * *
    15     (i)  Notwithstanding subsections (b) and (c), administrators
    16  may employ applicants on a provisional basis for a single period
    17  not to exceed [thirty (30) days or, for out-of-State applicants,
    18  a period of] ninety (90) days, except during a lawful strike
    19  proceeding under the provisions of the act of July 23, 1970

     1  (P.L.563, No.195), known as the "Public Employe Relations Act,"
     2  provided that all of the following conditions are met:
     3     (1)  the applicant has applied for the information required
     4  under subsection (b) and, where applicable, under subsection (c)
     5  and the applicant provides a copy of the appropriate completed
     6  request forms to the administrator;
     7     (2)  the administrator has no knowledge of information
     8  pertaining to the applicant which would disqualify him from
     9  employment pursuant to subsection (e);
    10     (3)  the applicant swears or affirms in writing that he is
    11  not disqualified from employment pursuant to subsection (e);
    12     (4)  if the information obtained pursuant to subsection (b)
    13  or (c) reveals that the applicant is disqualified from
    14  employment pursuant to subsection (e), the applicant shall be
    15  suspended and subject to termination proceedings as provided for
    16  by law; and
    17     (5)  the administrator requires that the applicant not be
    18  permitted to work alone with children and that the applicant
    19  work in the immediate vicinity of a permanent employe.
    20     Section 2.  This act shall take effect in 30 days.







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