Last week, Governor Wolf signed into law House Bill 158, now Act 4 of 2016, which revises provisions of the School Code related to the required background checks for school employees and how school entities may address cancelled school days, while still providing the required amount of instruction to students. Here are the highlights:
Background Checks
Act 4 revises the requirements for the age of criminal history records from the Pennsylvania State Police and FBI that potential school employees must provide when they apply for employment by extending how old the records can be from no more than one year old to no more than five years old at the time of employment.
It is of note that the revised law would appear to leave school entities open to possible risks in that it is more likely that possible areas of concern for potential employees may not be seen in a criminal history record that is five years old versus one year.
As a result, school entities may wish to review whether they wish to use the five year standard, which is the legal minimum, or a stricter standard. However, any variation needs to be consistently applied in order to avoid any claim that a potential employee is being targeted for different treatment.
Scheduling Issues
Act of 4 of 2016 also creates some new options for school districts and charter schools that are facing problems getting in the required 180 days of instruction due to weather or other emergencies. The amendments to the school code authorizes the Secretary of Education to issue a “weather-related, safety related or health-related emergency declaration” on a charter school, district, countywide or statewide basis.
Once issued, the governing body of the school district or charter school may approve an alternative means of meeting the requirements of a 180 day school year by approving a schedule that provides 900 hours of instruction for elementary students and 990 hours of secondary students instead of 180 days or making up days on Saturdays.
If the school district or charter school uses Saturdays, they must excuse students for a religious activity or function, to receive a program of advance instruction, to participate in academic or skills competition, or to participate in leadership development activities. However, this provision does not supersede or preempt any provision of a collective bargaining agreement.
Bottom Line
School entities should be sure to update their policies and procedures regarding background checks to ensure compliance with the new provisions of the law as well as keep these issues in mind when re-negotiating any collective bargaining agreements that may be implicated.
If you have any questions about Act 4, please contact your organization’s solicitor or one of the attorneys at KingSpry.
School Law Bullets are a publication of the school law attorneys of KingSpry’s Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
