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.