Bill Text: PA HB1763 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for background checks of school directors.

Spectrum: Slight Partisan Bill (Republican 19-12)

Status: (Introduced - Dead) 2009-06-23 - Referred to EDUCATION [HB1763 Detail]

Download: Pennsylvania-2009-HB1763-Introduced.html

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PRINTER'S NO. 2266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1763 Session of2009
INTRODUCED BY DALLY, BAKER, BARRAR, BEYER, CARROLL, D. COSTA, CREIGHTON, J. EVANS, FRANKEL, FREEMAN, GEIST, GINGRICH, GRUCELA, HORNAMAN, LEVDANSKY, MANN, MILLARD, MOUL, MUSTIO, M. O'BRIEN, PALLONE, PHILLIPS, QUINN, READSHAW, REICHLEY, ROAE, ROHRER, SONNEY, TRUE, VULAKOVICH AND YOUNGBLOOD, JUNE 23, 2009
REFERRED TO COMMITTEE ON EDUCATION, JUNE 23, 2009
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," providing for background checks of
school directors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 111.1. Background Checks of School Directors.--(a)
This section shall apply to all current and prospective school
directors.
(b) The Department of Education shall require school
directors to submit, pursuant to 18 Pa.C.S. Ch. 91 (relating to
criminal history record information), a report of criminal
history record information from the Pennsylvania State Police or
a statement from the Pennsylvania State Police that the
Pennsylvania State Police central repository contains no
information relating to that person. The criminal history record
information shall be limited to that which is disseminated
pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations) and shall be not more than one (1) year old. The
Department of Education shall determine the time for the filing
of the required information. The Department of Education shall
maintain a copy of the required information and shall require
each school director to produce the original document within
fifteen (15) days of providing notice to the school director.
(c) Where the school director has not been a resident of
this Commonwealth for at least two (2) years immediately
preceding the date of appointment or election, the Department of
Education shall require the school director to submit a set of
fingerprints which may be submitted to the Federal Bureau of
Investigation for Federal criminal history record information
pursuant to the Federal Bureau of Investigation appropriation of
Title II of Public Law 92-544, 86 Stat. 1115 or a copy of the
Federal criminal history record. The Department of Education
shall return the Federal criminal history record to the school
director. When the school director provides a copy of the
Federal criminal history record, it shall be not more than one
(1) year old. The Department of Education shall maintain a copy
of the required information. The original Federal criminal
history record shall be returned to the school director.
(d) The Department of Education shall promulgate regulations
necessary to carry out this section. The regulations shall
provide for the confidentiality of criminal history record
information obtained pursuant to this section.
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(e) No school director shall be eligible for office where
the report of criminal history record information indicates the
school director 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 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 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
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).
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Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse 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).
Section 2. This act shall take effect in 60 days.
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