§ 3490.132. Responsibilities of an administrator.
(a) An administrator shall require each applicant to submit a clearance statement obtained from the Department within the immediately preceding year as to whether the applicant is named as the perpetrator of an indicated or founded report of child abuse or the individual responsible for an indicated or founded report of student abuse.
(b) The clearance statement under subsection (a) is not required for an applicant who meets the following conditions:
(1) Transfers from one position as a school employe to another position as a school employe of the same school district or of the same organization.
(2) Has, prior to the transfer, already obtained the official clearance statement under subsection (a).
(c) Except as provided in § 3490.134 (relating to information relating to prospective school employes), an administrator may not hire an applicant if the applicant is the perpetrator of a founded report of child abuse or the individual responsible for a founded report of student abuse.
(d) An administrator may not hire an applicant if the clearance statement is more than 1 year old as determined by the date on the clearance statement.
(e) School administrators shall, in their contracts with independent contractors and their employes who have direct contact with students, require contractors to include provisions for a clearance statement as required by this chapter.
(f) A clearance statement is required only prior to the initial hiring of a substitute and remains in effect as long as the substitute continues to be employed by the same school. When a substitute seeks to have his name added to another school’s substitute list, the substitute shall provide a current clearance statement to the additional school. The fact that a substitute appears on one school’s substitute list is not sufficient evidence to allow another school to add the substitute’s name to its substitute list.
(g) The administrator shall make a copy of the clearance statement and place it in the employe’s personnel record.
Source The provisions of this § 3490.132 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.
Cross References This section cited in 55 Pa. Code § 3490.131 (relating to definitions); and 55 Pa. Code § 3490.134 (relating to information relating to prospective school employes).
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