2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6355 - Requirement.

     § 6355.  Requirement.
        (a)  Investigation.--
            (1)  Except as provided in paragraph (2), an
        administrator shall require each applicant to submit an
        official 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 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.
            (2)  The official clearance statement under paragraph (1)
        shall not be required for an applicant who:
                (i)  transfers from one position as a school employee
            to another position as a school employee of the same
            school district or of the same organization; and
                (ii)  has, prior to the transfer, already obtained
            the official clearance statement under paragraph (1).
        (b)  Grounds for denying employment.--Except as provided in
     section 6356 (relating to exceptions), an administrator shall
     not hire an applicant if the department verifies that the
     applicant is named as the perpetrator of a founded report or is
     named as the individual responsible for injury or abuse in a
     founded report for school employee. No individual who is a
     school employee on the effective date of this subchapter shall
     be required to obtain an official clearance statement under
     subsection (a)(1) as a condition of continued employment.
        (c)  Penalty.--An administrator who willfully violates this
     section shall be subject to an administrative penalty of $2,500.
     An action under this subsection is governed by 2 Pa.C.S. Ch. 5
     Subch. A (relating to practice and procedure of Commonwealth
     agencies) and Ch. 7 Subch. A (relating to judicial review of
     Commonwealth agency action).

        Cross References.  Section 6355 is referred to in sections
     6356, 6357, 6358 of this title.