23 Pa. C.S.A. Section 6352
DATE OF ISSUE: July 1, 1999
REPLACES: Abuse of Students by School Employees,
BEC 23 Pa. C.S. Section 6301-6385
issued July 1, 1998
Act 151 of 1994, signed into law on December 16, 1994, amended the
Department of Public Welfare's Child Protective Services Law (CPSL). The
purpose of this notice to the schools is to outline those changes which
affect a school's policies and procedures regarding the reporting of
suspected abuse of students by school employees and background checks for
employment.
It is important for school administrators to be aware of the following
summary points regarding Act 151's amendments of the Child Protective
Services Law:
The amendments establish a separate category of abuse called abuse of
a student by a school employee which involves either serious bodily injury,
sexual abuse or sexual exploitation. Effective July 1, 1995, school
administrators must report suspected abuse of students by school employees
to the district attorney and the local police. The Department of Public
Welfare's form for reporting employee abuse of students is included.
-- Procedures to report suspected child abuse by person(s) responsible for
the general welfare of the child have not been changed by the amendments;
consequently, current school policies and procedures for reporting suspected
child abuse which were consistent with the Child Protective Services Law (23
Pa. C.S. Section 6311 and 6313) remain unchanged. School administrators
or their designees are required to report suspected child abuse to ChildLine
as they have in the past. To report suspected child abuse an administrator
or designee must call ChildLine's toll free number 1-800-932-0313. The
Department of Public Welfare encourages school administrators or their
designees to place a follow-up call to the local county children and youth agency.
-- Effective July 1, 1996, applicants for positions in the schools will be
required to secure an official clearance from the Department of Public
Welfare and the state police clearance required by Section 111 of the School
Code, 24 P.S. Section 1-111. This official clearance statement will also
apply to some categories of current school employees as outlined below.
-- Any school, including public, nonpublic and private academic schools,
which meets the compulsory attendance requirements falls under the scope of
the Child Protective Services Law, as amended.
Applicable Definitions:
Abuse of a student by a school employee -
1. Serious bodily injury which creates substantial risk of death or which
causes serious permanent disfigurement or protracted loss or impairment
of function of any bodily member or organ.
2. Sexual abuse or exploitation which involves the employment, use,
persuasion, inducement, enticement or coercion of any child to engage in
or assist any other person to engage in any sexually explicit conduct or
any simulation of any sexually explicit conduct for the purpose of
producing any visual depiction of any sexually explicit conduct, or the
rape, molestation, incest, prostitution, statutory sexual assault, or
other form of sexual exploitation of children.
Administrator - The person responsible for the administration of a public
or private school, intermediate unit or area vocational-technical school.
The term includes an independent contractor.
County Agency - County Children and Youth social service agency.
Founded report for a school employee - A report where there has been any
judicial adjudication based on a finding that the victim has suffered
serious bodily injury or sexual abuse or exploitation, including entry of a
plea of guilty or nolo contendere or a finding of guilt to a criminal charge
involving the same factual circumstance involved in the allegations of the
report.
Indicated report for a school employee - A report where an investigation
by the county agency determines that substantial evidence of serious bodily
injury or sexual abuse or exploitation exists based on any of the following:
1. available medical evidence;
2. the county agency's investigation;
3. an admission of the act(s) of abuse or injury by the school employee.
Public or private school - This refers to ALL schools in the Commonwealth
including public and nonpublic schools as defined in the School Code and
private academic schools as defined in the Regulations of the State Board of
Private Academic Schools. Private Rehabilitative Residential Institutions
and other day treatment programs, which may not fall within the definition
of the term school, are still subject to the child abuse provisions of the
Child Protective Services Law.
School employees - Persons employed by a public or private school,
intermediate unit, or area vocational technical school, including persons
employed as or employed by an independent contractor of a school. The term
excludes persons who have no direct contact with students.
Student - An individual enrolled in a public or private school,
intermediate unit or area vocational technical school who is under 18 years
of age.
Subject of a report - The child, parent, guardian or other person
responsible for the welfare of the child or the school employee named in a
report of suspected student abuse made to the Department of Public Welfare
or a county agency under the Child Protective Services law.
Unfounded report for school employee - Any report of student abuse unless
the report is a founded report for a school employee or an indicated report
for a school employee.
I. Reporting Requirements -- Effective July 1, 1995
Mandatory reporting of suspected staff abuse of students in public and
private schools (Child Protective Services Law, Chapter 63, Subchapter C. 1
"Students in Public and Private Schools")
A school employee who has reasonable cause to suspect, on the basis of
professional or other training or experience, that a student coming before
him or her, in the employee's professional or official capacity, is a victim
of serious bodily injury or sexual abuse or sexual exploitation by another
school employee, shall immediately notify the administrator. This reporting
requirement applies whenever a school employee is (1) suspected of abusing a
student and (2) is functioning in his or her role as a school employee
regardless of when or where the abuse or injury occurred. The Department
of Public Welfare's form for reporting employee abuse of students is included.
The student must be physically seen by the employee before the school
employee is mandated to report the suspected abuse or injury. When a school
employee learns of suspected student abuse from another person, the school
employee shall see the student and make a report of suspected student abuse
if the reporting school employee has reasonable cause to suspect that the
student was a victim of serious bodily injury or sexual abuse or exploitation
by a school employee. The reporting school employee may not reveal the
existence or content of the report to another person.
A school employee who makes a report in good faith of suspected abuse
of a student by another school employee, or of child abuse, is immune from
civil and criminal liability arising out of the report. Any school employee
who willfully violates the reporting requirement commits a summary offense
for the first violation. Any employee who commits a subsequent violation is
guilty of a misdemeanor of the third degree.
Reporting Suspected Student Abuse by Employees to the District Attorney and
the Local Police
An administrator, upon being notified of suspected abuse, shall report
immediately to law enforcement officials and the appropriate district
attorney the suspected abuse or injury alleged to have been committed by a
school employee against a student. The same reporting is required if the
administrator suspects the injury or abuse. An administrator who reports
suspected abuse is immune from civil or criminal liability arising out of
the report. In cases where the administrator is the employee suspected of
abusing the student, the school employee who suspects the abuse shall
immediately report that information to law enforcement officials and the
appropriate district attorney. The report shall include the student's
name, age, address and school, and the name and address of the student's
parent or guardian, the school administrator and the school employee
suspected of the abuse. The nature of the offense and any comments or
observations relevant to the incident must also be included. The Department
of Public Welfare's REPORT OF SUSPECTED STUDENT ABUSE form is included for
your information and use.
When a school employee notifies an administrator that he or she
suspects that a student is the victim of serious bodily injury, sexual abuse
or sexual exploitation, the administrator may not make an independent
evaluation or investigation to decide whether or not to make a report to law
enforcement officials and the appropriate district attorney. The law
requires the administrator to report the suspected abuse immediately. An
administrator who willfully violates the reporting requirement commits a
misdemeanor of the third degree. Nothing prevents the school from
conducting its own investigation after making the report to law enforcement
and the district attorney. However, the school district is urged to
coordinate its investigation with local law enforcement and Child
Protective Services so as not to jeopardize any criminal investigation or
prosecution. The school may take any action that the school district deems
appropriate in accordance with provisions of the School Code and district
policies and procedures.
Willful Failure to Cooperate
A school district, facility, or any person acting on behalf of a
school district or facility, that willfully fails to cooperate with the
Department of Public Welfare or county agency when investigating a report
of child abuse or suspected abuse of a student by a school employee, or
when assessing risk to the child, commits a summary offense for a first
violation and a misdemeanor of the third degree for subsequent violations.
Notifications by the County Agency
Prior to the initial interview with an employee suspected of abusing a
student, the county agency must orally notify the subject of the report
about the existence of the report, the allegations of abuse and his or
her rights regarding amendment or expunction. Written notice shall be
provided to the subject of the report within 72 hours of the oral
notification. Notice may be reasonably delayed if notification is likely
to threaten the safety of the student or the county agency worker, to cause
the school employee to abscond or to significantly interfere with the
conduct of a criminal investigation.
The county agency shall notify, in writing, the school administrator
or employee who made the report to the district attorney and law
enforcement officials of the final status of the report, i.e., founded,
indicated or unfounded, when the county agency notifies ChildLine.
Required Reporting to PDE
The school code requires school officials to report to the Department
of Education when an employee is dismissed for cause. Therefore, if an
employee is dismissed because of abuse of students, the school officials
must report the dismissal to PDE. School officials must also report
when an employee is formally charged with or convicted of a crime of moral
turpitude. Because child abuse and abuse of students are crimes that
involve moral turpitude, school officials must report to PDE if an employee
is charged with or convicted of one of these crimes. The School's Mandatory
Report Form included and procedures are in Basic Education Circular Section
2070.9(1) for your information and use. See 24 P.S. Section 2070.9 and 22
Pa. Code Section 237.9.
II. Background Checks and Continued Employment -- Effective July 1, 1996
Background checks for employment in schools (Child Protective Services Law,
Chapter 63, Subchapter C. 2 "Background Checks for Employment in Schools")
An administrator shall require each applicant to submit an official
clearance statement obtained from the Department of Public Welfare within
the immediately preceding year as to whether the applicant is named as the
perpetrator of an indicated or a founded report or is named as the
individual responsible for injury or abuse in an indicated report for
school employee or a founded report for school employee. The current fee
for an official clearance statement is $10. In addition to the clearance
from the Department of Public Welfare, the state police clearance is
also required pursuant to Act 34, per 24 P.S. Section 1-111.
An administrator shall not hire an applicant if the Department of
Public Welfare verifies that the applicant is named as the perpetrator of
a founded report of child abuse or is named as the individual responsible
for injury or abuse in a founded report for a school employee. An
administrator who willfully violates the official clearance requirement
shall be subject to an administrative penalty of $2,500.
The law does not address the continued employment of a school employee who
is the subject of a founded report. However, Section 527 of the Pa. School
Code does require immediate termination of employment of a person convicted
of any of the offenses listed in Section 111 of the School Code which
includes such offenses as kidnapping, unlawful restraint, rape, statutory
rape, indecent assault, involuntary deviate sexual intercourse, indecent
exposure, endangering the welfare of children, corruption of minors and
others.
Official Department of Public Welfare Clearance Statement
(a) No individual who is a school employee as of July 1, 1996, shall be
required to obtain an official clearance statement. Also, the clearance
statement shall not be required for an applicant transferring positions
within the same school district or organization and has, prior to the
transfer, already obtained an official clearance statement.
(b) An official clearance statement from DPW is not required of a school
employee who is under 21 years of age, in a job training program and
employed for not more than 90 days.
(c) A school employee may be hired on a provisional basis for up to
30 days, if a state resident, or 90 days, if from out of state, without a
DPW official clearance statement. However, the individual hired
provisionally would need to have applied for the clearance and attest in
writing by oath or affirmation that he/she is not a perpetrator in a
founded report of child abuse or named in a founded report as a school
employee. The administrator must also have no knowledge of information
which would disqualify the applicant under the Child Protective Services
law. This provisional hiring may not occur during a strike.
School District Policies and Procedures
School districts are encouraged to take prompt action adopting policies
and procedures which will meet their new obligations under the amended Child
Protective Services Law. At a minimum, schools should (1) inform employees
and contractors who provide services to the school of the major provisions
of the law and of their responsibilities for reporting suspected abuse; (2)
establish reporting procedures with local police and the district attorney;
(3) inform parents and students of the law and of the appropriate procedures
for informing school staff of situations which fall under the scope of the
law; and (4) contact the local County Children and Youth Service Agency
regarding its procedures relative to the amended Child Protective Services
Law.
Issues related to abuse of students, as well as child abuse, should be
part of the school district's comprehensive violence prevention program.
Planned training programs should be used to inform school employees of
their responsibilities under the law and the steps to take to prevent the
occurrence of abuse of students. A comprehensive violence prevention program
is the primary starting point for dealing with any form of abuse.
REFERENCES:
Purdon's Statutes
23 Pa. C.S. Chapter 63
24 P.S. Section 2070.5 (a) (11) (formerly 24 P.S. Section 12-1255(a)(11)
24 P.S. Section 2070.9 (b) (formerly 24 P.S. Section 12-1259(b)
24 P.S. Section 5-527
24 P.S. Section 1-111
Professional Standards and Practices Commission Regulations
22 Pa. Code, Section 237.9
CONTACT BUREAU/OFFICE:
Pennsylvania Department of Education
Bureau of Community and Student Services
Division of Student and Safe School Services
333 Market Street
Harrisburg, PA 17126
Phone: (717) 772-2429
Department of Public Welfare
Office of Children, Youth & Families
P. O. Box 2675
Harrisburg, PA 17105-2675
Phone: (717) 787-3986
ATTACHMENTS:
Commonwealth of Pennsylvania School's Mandatory Report Form
DPW Report of Suspected Student Abuse Form
Commonwealth of Pennsylvania School's Mandatory Report Form (PDE-349)
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This form appears in text format below. It is also available in
Word 6.0, WordPerfect 6.1, and PDF format on the PDE Web Site -
www.pde.state.pa.us, under Elementary/Secondary Education, click on BECs,
then click on Abuse of Students by School Employees
********************************************************************
DPW Report of Suspected Student Abuse Form
********************************************************************
The DPW Report of Suspected Student Abuse Form contains formatting that
could not be transmitted on this text based system. This form is
available in PDF format on the PDE Web Site - www.pde.state.pa.us under
Elementary/Secondary Education, click on BECs, then click on
Abuse of Students by School Employees.
********************************************************************
CONTACT BUREAU/OFFICE:
Pennsylvania Department of Education
Bureau of Community and Student Services
Division of Student and Safe School
Services 333 Market Street
Harrisburg, PA 17126
Phone: (717) 772-2429 OR
Department of Public Welfare
Office of Children, Youth & Families
P. O. Box 2675
Harrisburg, PA 17105-2675
Phone: (717) 787-3986
====================================================================
PDE-349 (revised 6/98)
MANDATORY REPORT FORM
The School Laws REQUIRE school officials to report promptly to the
Department of Education the following: 1) an educator who is DISMISSED
for cause; 2) an educator who is CHARGED with a crime involving moral
turpitude or some other offense requiring mandatory suspension or
revocation; 3) an educator who is CONVICTED of a crime involving moral
turpitude or any other offense requiring mandatory suspension or
revocation. (24 P.S. Section 2070.9(b)).
While the above situations are mandatory, the Department of Education
STRONGLY ENCOURAGES school officials to similarly report educators who
RESIGN TO AVOID A DISMISSAL for cause, even if there is no dismissal
proceeding, formal charge, or conviction. The Department is especially
interested in learning of matters involving danger to students or others
in the schools. Send this completed form, with supporting documentation
to: Pennsylvania Department of Education, Office of the Deputy Secretary
for Postsecondary and Higher Education, 333 Market Street, 12th Floor,
Harrisburg, PA 17126-0333, Attention: Nancy Avolese.
1. SCHOOL ENTITY:
A. Name and Address ______________________________________________
______________________________________________
______________________________________________
B. Contact Person ______________________________________________
C. Telephone Number (_____)_______________________________________
2. COUNTY/STATE WHERE CONDUCT OCCURRED: _____________________
3. EDUCATOR'S INFORMATION:
A. Name ___________________________________________________________
B. Social Security Number ______________
C. Date of Birth ________
D. Most Recent Position ___________________________________________
E. Telephone Number
(Home)________________ (Work)__________________
F. Home Address (Please complete and check box below)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
[ ] Address is current [ ] Address is most recent but may be inaccurate
4. CURRENT STATUS OF EDUCATOR:
[ ] In classroom [ ] Temporarily Reassigned
[ ] Suspended with pay on __________ [ ] Resigned on __________
Date Date
[ ] Suspended without pay on _________[ ] Dismissed on __________
Date Date
PDE-349 (revised 6/98)
---------------------------------------------------------------------
MANDATORY REPORT FORM
5. [ ] DISMISSED FOR CAUSE OR [ ] RESIGNED IN ORDER TO AVOID BEING .
DISMISSED:
A. Check the reason(s) the educator was dismissed or would have been
dismissed:
[ ] Immorality [ ] Drugs or Narcotics
[ ] Intemperance [ ] Cruelty
[ ] Incompetence [ ] Negligence
[ ] Persistent and Willful [ ] Forged or Altered Certificate
Violation of School Laws
[ ] Other ____________________________________________
B. Briefly describe the facts surrounding the dismissal and the act or
behavior of the educator.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
C. If a dismissal hearing or arbitration hearing was held, indicate
the date(s) of the hearing(s) and the date of the final decision:
_________________________________________________________
D. Attach the following supporting documentation when applicable:
1. Certified copies of ratings.
2. Copies of applicable policies and/or directives.
3. Certified copies of applicable Board minutes.
4. Copy of educator's resignation, any resignation agreements,
and evidence of the Board's acceptance of the resignation.
Note: There is no need to forward transcripts. The Department will
request copies if necessary.
6. CHARGED WITH, OR CONVICTED OF, A CRIME OF MORAL TURPITUDE:
A. List the crime(s):
________________________________________________________________________
B. List the county in which the educator was charged/convicted:
________________________________________________________________________
C. List the docket number:__________________________________________
D. List the date of the charge/conviction/sentencing:_______________
E. List the name of the district magistrate: _______________________
F. Enclose a copy of any available criminal court documents.
____________________________________________________________
(Signature of Chief School Administrator) (Date)
PDE-349 (revised 6/98)
