PRINTER'S NO. 566
No. 529 Session of 1999
INTRODUCED BY GREENLEAF, RHOADES, MOWERY, MELLOW, LEMMOND,
SCHWARTZ, BOSCOLA, WHITE, COSTA AND TILGHMAN, MARCH 10, 1999
REFERRED TO EDUCATION, MARCH 10, 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," further providing for background
6 checks of prospective employees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 111(c), (e) and (i)(1) of the act of
10 March 10, 1949 (P.L.30, No.14), known as the Public School Code
11 of 1949, amended December 19, 1990 (P.L.1362, No.211) and June
12 25, 1997 (P.L.297, No.30), are amended to read:
13 Section 111. Background Checks of Prospective Employes;
14 Conviction of Employes of Certain Offenses.--* * *
15 (c) [Where the applicant is not a resident of the
16 Commonwealth, administrators] Administrators shall require the
17 applicant to submit with the application for employment a report
18 of Federal criminal history record information pursuant to the
19 Federal Bureau of Investigation appropriation of Title II of
20 Public Law 92-544, 86 Stat. 1115, and [the] such criminal
1 history record information shall be no more than one (1) year
2 old. The department shall be the intermediary for the purposes
3 of this section. For the purposes of this section, the applicant
4 shall submit a full set of fingerprints to the Pennsylvania
5 State Police, which shall forward it to the Federal Bureau of
6 Investigation for a national criminal history record check.
7 * * *
8 (e) No person subject to this act shall be employed in a
9 public or private school, intermediate unit or area vocational-
10 technical school where the report of criminal history record
11 information indicates the applicant has been convicted[, within
12 five (5) years immediately preceding the date of the report,] of
13 any of the following offenses:
14 (1) An offense under one or more of the following provisions
15 of Title 18 of the Pennsylvania Consolidated Statutes:
16 Chapter 25 (relating to criminal homicide).
17 Section 2702 (relating to aggravated assault).
18 Section 2709 (relating to harassment and stalking).
19 Section 2901 (relating to kidnapping).
20 Section 2902 (relating to unlawful restraint).
21 Section 3121 (relating to rape).
22 Section 3122.1 (relating to statutory sexual assault).
23 Section 3123 (relating to involuntary deviate sexual
24 intercourse).
25 Section 3124.1 (relating to sexual assault).
26 Section 3124.2 (relating to institutional sexual
27 assault).
28 Section 3125 (relating to aggravated indecent assault).
29 Section 3126 (relating to indecent assault).
30 Section 3127 (relating to indecent exposure).
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1 Section 4302 (relating to incest).
2 Section 4303 (relating to concealing death of child ).
3 Section 4304 (relating to endangering welfare of
4 children).
5 Section 4305 (relating to dealing in infant children).
6 A felony offense under section 5902(b) (relating to
7 prostitution and related offenses).
8 [Section] A felony offense under section 5903(a)(3), (4),
9 (5) or (6) (relating to obscene and other sexual materials
10 and performances) involving a victim who is a minor or
11 section 5903(c) or (d) [(relating to obscene and other sexual
12 materials and performances)].
13 Section 6301 (relating to corruption of minors).
14 Section 6312 (relating to sexual abuse of children).
15 Section 7507.1 (relating to invasion of privacy).
16 The attempt, solicitation or conspiracy to commit any of the
17 offenses set forth in this subsection.
18 (2) An offense committed within five (5) years immediately
19 preceding the date of the report, designated as a felony under
20 the act of April 14, 1972 (P.L.233, No.64), known as "The
21 Controlled Substance, Drug, Device and Cosmetic Act."
22 (3) An out-of-State or Federal offense similar in nature to
23 those crimes listed in clauses (1) and (2).
24 * * *
25 (i) Notwithstanding subsections (b) and (c), administrators
26 may employ applicants on a provisional basis for a single period
27 not to exceed [thirty (30) days or, for out-of-State applicants,
28 a period of] ninety (90) days, except during a lawful strike
29 proceeding under the provisions of the act of July 23, 1970
30 (P.L.563, No.195), known as the "Public Employe Relations Act,"
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1 provided that all of the following conditions are met:
2 (1) the applicant has applied for the information required
3 under subsection (b) and[, where applicable, under subsection]
4 (c) and the applicant provides a copy of the appropriate
5 completed request forms to the administrator;
6 * * *
7 Section 2. This act shall take effect in 60 days.
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