Unconsolidated Pennsylvania Statutes

EDUCATION (Title 24)

PUBLIC SCHOOL CODE OF 1949

ARTICLE I. PRELIMINARY PROVISIONS.

§1-101. Short title and effective date.
§1-102. Definitions.
§1-103. Excluded provisions.
§1-104. Saving clause.
§1-105. Right of appeal saved.
§1-106. Publication of notices, etc.; proofs of publication.
§1-107. Compensation for services or additional services.
§1-108. Religious or political tests, etc., prohibited.
§1-109. Disposition of fines.
§1-110. Official visitors access to public schools.
§1-111. Background checks of prospective employes; conviction of employes of certain offenses.
§1-112. Report of racial and ethnic groupings.

§1-101. Short title and effective date.

This act shall be known and may be cited as the "Public School Code of 1949." The provisions thereof shall become effective on the first day of July, one thousand nine hundred forty-Nine, except in so far as they affect school districts of the first class. In so far as they affect school districts of the first class, the provisions of this act shall become effective on the first day of January, one thousand nine hundred fifty.

§1-102. Definitions.

When used in this act the following words and phrases shall have the following meanings:

"Board of school directors"

shall include the board of public education in school districts of the first class, except where specifically limited to school districts of other classes.

"School district"

shall include school districts of all classes, except where specifically limited to districts of a particular class or classes.

"School term"

shall mean the period of time elapsing between the opening of the public schools in the fall of one year and the closing of the public schools in the spring of the following year.

"School year"

shall mean the period of time elapsing in school districts of the first class between the first day of January and the thirty-first day of December of any year, and in school districts of all other classes between the first day of July of one year and the thirtieth day of June of the following year. Effective July 1, 1997, for the 1997-1998 school year and each school year thereafter school districts with a year-round education program may submit a request to the Secretary of Education for approval or disapproval to extend the school year until August 15 for the purpose of determining average daily memberships for students whose one hundred eighty (180) days of instruction continue into the summer months.

"Official visitor"

shall include the Governor, Lieutenant Governor, members of the Senate and the House of Representatives, the Secretary of Education and members of the State Board of Education.

§1-103. Excluded provisions.

This act does not include any provisions of, and shall not be construed to repeal:

1. The Public School Employes Retirement Law, approved the eighteenth day of July, one thousand nine hundred seventeen (Pamphlet Laws 1043). [Repealed]
2. The Municipal Claim and Tax Lien Law, approved the sixteenth day of [May], one thousand nine hundred twenty-three (Pamphlet Laws 207).
3. "The Administrative Code of 1929," approved the ninth day of April, one thousand nine hundred twenty-nine (Pamphlet Laws 177).
4. "The Vehicle Code," approved the first day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 905). [Repealed]
5. The Delinquent Tax Sales Act of 1931, approved the twenty-ninth day of May, one thousand nine hundred thirty-one (Pamphlet Laws 280).
6. The "Municipal Borrowing Law," approved the twenty-fifth day of June, one thousand nine hundred forty-one (Pamphlet Laws 159). [Repealed]
7. The "Local Tax Collection Law," approved the twenty-fifth day of May, one thousand nine hundred forty-five (Pamphlet Laws 1050).
8. The "Real Estate Tax Sale Law," approved the seventh day of July, one thousand nine hundred forty-seven (Pamphlet Laws 1368).
9. The Act Relating to Strikes by Public Employes, approved the thirtieth day of June, one thousand nine hundred forty-seven (Pamphlet Laws 1183).
10. Any law relating to elections.
11. Any temporary law.
12. Any law validating past actions or proceedings.
13. Any amendment or supplement of any of the laws referred to in this section.

§1-104. Saving clause.

The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly or part thereof shall not revive any act or part thereof heretofore repealed or superseded nor affect the existence or class of any school district heretofore created. The provisions of this act shall not affect the title to, or ownership of, any property, real or personal, vested prior to the effective date of this act. The provisions of this act shall not affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws. All rules and regulations made pursuant to any act of Assembly repealed by this act shall continue with the same force and effect as if such act had not been repealed. Any person holding office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act.

§1-105. Right of appeal saved.

Except as herein otherwise provided, nothing in this act contained shall be held to preclude the right of appeal in actions arising under this act from any court wherein such action shall be brought.

§1-106. Publication of notices, etc.; proofs of publication.

[to be inserted]

§1-107. Compensation for services or additional services.

Where, by the provisions of this act any services or additional services are imposed upon any public official for which no compensation is provided, the board of school directors of the proper district may, unless such service is required to be performed without compensation, pay out of the funds of the district such reasonable compensation for such service or additional service as it may determine, subject to the provisions of this act.

§1-108. Religious or political tests, etc., prohibited.

No religious or political test or qualification shall be required of any director, visitor, superintendent, teacher, or other officer, appointee, or employe in the public schools of this Commonwealth.

§1-109. Disposition of fines.

All fines that are imposed and collected under any of the provisions of this act shall be paid to the treasurer of the proper school district, or, when the proper school district cannot be determined, into the State School Fund.

§1-110. Official visitors access to public schools.

An official visitor shall have access to and may not be denied access to any public school in the Commonwealth at any time.

§1-111. Background checks of prospective employes; conviction of employes of certain offenses.

(a) This section shall apply to all prospective employes of public and private schools, intermediate units and area vocational-technical schools, including independent contractors and their employes, except those employes and independent contractors and their employes who have no direct contact with children.

(b) Administrators of public and private schools, intermediate units and area vocational-technical schools shall require prospective employes to submit with their employment application, 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 State Police central repository contains no such information relating to that person. Such 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 no more than one (1) year old. An applicant may submit a copy of the required information with the application for employment. Administrators shall maintain a copy of the required information and shall require each applicant to produce the original document prior to employment. Administrators shall require contractors to produce the original document for each prospective employe of such contractor prior to employment.

(c) Where the applicant is not a resident of the Commonwealth, administrators shall require the applicant to submit with the application for employment a report of Federal criminal history record information pursuant to the Federal Bureau of Investigation appropriation of Title 11 of Public Law 92-544, 86 Stat. 1115, and the department shall be the intermediary for the purposes of this section.

(d) The State Board of Education shall, in the manner provided by law, promulgate the regulations necessary to carry out this section. The regulations shall provide for the confidentiality of criminal history record information obtained pursuant to this act.

(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).
   • Section 2709 (relating to harassment and 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).
   • 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).

(f) The requirements of this section shall not apply to employes of public or private schools, intermediate units and area vocational-technical schools whomeet 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.

(g) An administrator, or other person responsible for employment decisions in a school or other institution under this section who wilfully fails to comply with the provisions of this section commits a violation of this act and shall be subject to civil penalty as provided in this section.

1. The department shall have jurisdiction to determine violators of this section and may, following a hearing, assess a civil penalty not to exceed two thousand five hundred dollars ($2,500).
2. The civil penalty shall be payable to the Commonwealth.

(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 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.

(I) Notwithstanding subsections (b) and (c), administrators may employ applicants on a provisional basis for a single period not to exceed thirty (30) days or, for out-of-State applicants, a period of ninety (90) days, except during a lawful strike proceeding under the provisions of the act of July 23, 1970 (P.L. 563, No. 195), known as the "Public Employe Relations Act," provided that all of the following conditions are met:

1. the applicant has applied for the information required under subsection (b) and, where applicable, under subsection (c) and the applicant provides a copy of the appropriate completed request forms to the administrator;
2. the administrator has no knowledge of information pertaining to the applicant which would disqualify him from employment pursuant to subsection (e);
3. the applicant swears or affirms in writing that he is not disqualified from employment pursuant to subsection (e);
4. if the information obtained pursuant to subsection (b) or (c) reveals that the applicant is disqualified from employment pursuant to subsection (e), the applicant shall be suspended and subject to termination proceedings as provided for by law; and
5. the administrator requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employe.

§1-112. Report of racial and ethnic groupings.

The Department of Education shall conduct a thorough review of the 1991-1992 PennData report "Statistical Summary for 1991-1992" and identify those school districts that have special education enrollments whose gender and ethnic representation exceeds by five percent (5%) the gender and ethnic makeup of the student population for the 1991-1992 school year. The Department of Education shall report to the Committee on Education in the Senate and the Committee on Education in the House of Representatives by October 1993 the findings of the review by the Department of Education, an outline of what further investigative steps should be taken, recommendations for appropriate actions to be taken by the Department of Education and any technical assistance services to be provided by the Department of Education to school districts.

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