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Chester Upland Education Association |
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Chester Upland Education Association300 S. Chester Road, Swarthmore, PA 19081. 610-328-6255
Please take the time to read and/or review the pages you can access from here. ALERT SECTION 111 OF PENNSYLVANIA SCHOOL CODE AS AMENDED BY ACT 24 OF 2011 Prepared by the PSEA Legal Division October 22, 2011 Act 24 of 2011 amended Section 111 of the School Code. The amendments are effective September 28, 2011. Section 111, as amended, prohibits private and public schools from hiring applicants convicted of certain enumerated crimes (felonies and misdemeanors) that are listed in Section 111(e). See Attachment A for the crimes listed in Section 111(e). Under the School Code, any school employee convicted of the crimes listed in Section 111(e) while employed must be immediately terminated. Under the Professional Educator Discipline Act, any educator will permanently lose his/her certificate if convicted of a Section 111(e) crime.Section 111, as amended, also adds reporting requirements for school employees. There is a look-back report (covering all dates up to September 28, 2011) and a responsibility to report going forward (from September 28, 2011 on). Both reports relate only to those crimes enumerated in Section 111(e). The look-back report is due December 27, 2011, and is to be completed on PDE-6004. Going forward, employees must report arrests and convictions for Section 111(e) crimes on PDE-6004 within 72 hours.All members should be aware of the following in completing reports: 1. Failure to accurately complete PDE-6004 could result in prosecution for unsworn falsification to authorities, which is one of the crimes listed in the Pension Forfeiture Act. 2. PDE-6004 only requires reports of arrests or convictions for Section 111(e) crimes. See Attachment A. The list does not include DUIs. 3. Any member who has a question should contact the PSEA UniServ. Members reporting arrests or convictions for Section 111(e) crimes should consult with a PSEA Region Attorney immediately for advice regarding employment and certification issues. New Mandatory Reporting RequirementsOf Arrests and Convictions for Certain Criminal Offenses 10.17.2011 117744-v2 Prepared by the PSEA Legal Division © PSEA October 2011• No later than December 27, 2011, all current employees of a public school, private school, intermediate unit, or vocational-technical school must complete and submit to the school administration form PDE-6004, Arrest/Conviction and Certification Form, indicating whether he or she has or has not been arrested or convicted of a criminal offense set forth in Section 111(e) of the Public School Code.• An employee who refuses to complete the form will be required to submit a current Report of Criminal History Record (both Pennsylvania and Federal).• An employee arrested or convicted on or after September 28, 2011 for an offense set forth in Section 111(e) must within 72 hours of the arrest or conviction provide notice to the school administration using the form.• An employee can be required to immediately submit a current Report of Criminal History Record where an administrator has a reasonable belief the employee was arrested or has a conviction for an offense set forth in Section 111(e) and the employee has not reported the arrest or conviction.• Any employee who willfully fails to disclose an arrest or conviction required to be reported, or who fails to provide accurate information on the form, may be subject to discipline, criminal prosecution for unsworn falsification to authorities, and/or professional discipline.Q: I did not have to submit a Report of Criminal History (Criminal Background Check) when I was hired. Do I have to submit the new Arrest/Conviction and Certification Form by December 27, 2011? A: Yes. If you do not, you must submit a current Report of Criminal History at your own expense. Q: Do I have to use the form to report an arrest or conviction for all criminal offenses, such as driving under the influence? A: No. Section 111 only requires a report of an arrest or conviction for an offense set forth in Section 111(e) of the Public School Code (see over) (referred to as mandatory “Reportable Offenses”). Q: How do I know if a federal or other state offense is equivalent to the Pennsylvania offenses? A: If you are a PSEA member, please call the PSEA Legal Division at 800.944.7732 and ask to speak to an attorney. The discussion with the attorney will be confidential. Q: What if I was arrested or convicted before September 28, 2011 for an offense set forth in Section 111(e) and I do not disclose that on the form I submit? A: If you fail to accurately report an arrest or conviction for a Reportable Offense on the form, you will be subject to criminal prosecution under 18 Pa.C.S. § 4904 relating to falsification to authorities (conviction for which will result in forfeiture of your pension under the Pension Forfeiture Act). You may also be subject to employment discipline, and/or professional discipline. Q: What if I was arrested or convicted before September 28, 2011 for a Reportable Offense? A: The form developed by the Department of Education (PDE-6004) requires an employee to check that he or she has “been arrested or convicted” or that he or she has “never been arrested or convicted” for an offense enumerated under Section 111(e). If you were arrested or convicted before September 28, 2011, you should contact the PSEA UniServ Representative who with the PSEA region attorney will advise you of your rights and obligations if you are a PSEA member. Q: Do I have to report an arrest or conviction on or after September 28, 2011 for a Reportable Offense? A: Yes. Any arrest or conviction on or after September 28, 2011 for an offense set forth in Section 111(e) must be reported within 72 hours of the arrest or conviction. If you are a PSEA member, contact the PSEA UniServ Representative, who with the PSEA region attorney will advise you of your rights and obligations. Q: What if I do not report the arrest or conviction for a mandatory Reportable Offense within 72 hours? A: If an administrator has a reasonable belief that you were arrested or convicted for an offense set forth in Section 111(e), you will be required to submit a current Report of Criminal History, at the employer’s expense. In addition, if you willfully fail to disclose an arrest or conviction for a mandatory reportable offense, you may be subject to discipline including termination, and criminal prosecution under 18 Pa.C.S. §4904 relating to falsification to authorities (conviction for which will result in forfeiture of your pension under the Pension Forfeiture Act). You may also be subject to professional discipline under the Professional Educator Discipline Act. Q: What if I am directed to submit a Report of Criminal History (background check)? A: If you are a PSEA member, contact your PSEA UniServ Representative who, with the PSEA region attorney, will advise you of your rights and obligations. Q: If I disclose a prior conviction on the form, will I be terminated from employment? A: Section 111 establishes a permanent bar to employment for conviction of a mandatory Reportable Offense. However, Section 111 does not expressly require dismissal for a prior conviction. Therefore, that issue will probably be subject to litigation. Note that Section 111 expressly does not interfere with the ability of a public or private school to make discipline or termination decisions. Nor does Section 111 expressly limit the Professional Standards and Practices Commission in assessing discipline related to certification. Q: If I report an arrest or conviction for a mandatory Reportable Offense that occurs on or after September 28, 2011, will I be suspended or dismissed? A: Yes. Section 527 of the Public School Code requires that a public or private school must dismiss any employee convicted of an offense set forth in Section 111(e). In addition, an arrest will result in mandatory suspension, and conviction will result in mandatory revocation, of certification. Under the new amendments, the revoked certificate cannot be reinstated. Section 111(e) Enumerated Offenses (* denotes added by Act 24-2011) (1) An offense under one or more of the following provisions of Title 18 of Pennsylvania Consolidated Statutes: Chapter 25 (relating to criminal homicide) § 3127 (relating to indecent exposure) § 2702 (relating to aggravated assault) § 3129* (relating to sexual intercourse with animal) § 2709.1 (relating to stalking) § 4302 (relating to incest) § 2901 (relating to kidnapping) § 4303 (relating to concealing death of child) § 2902 (relating to unlawful restraint) § 4304 (relating to endangering welfare of children) § 2910* (relating to luring a child into § 4305 (relating to dealing in infant children) a motor vehicle or structure) § 5902(b) (relating to prostitution and related offenses) § 3121 (relating to rape) (if graded a felony) § 3122.1 (relating to statutory sexual assault) § 5903(c) or (d) (relating to obscene and other sexual materials and performances) § 3123 (relating to involuntary sexual materials and performances) deviate sexual intercourse) § 6301(a)(1) (relating to corruption of minors) § 3124.1 (relating to sexual assault) § 6312 (relating to sexual abuse of children) § 3124.2 (relating to institutional sexual assault) § 6318* (relating to unlawful contact with minor) § 3125 (relating to aggravated indecent assault) § 6319* (re to solicitation of minors to traffic drugs) § 3126 (relating to indecent assault) § 6320* (relating to sexual exploitation 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 offense similar in nature to those crimes listed in clauses (1) and (2) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.
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