Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter B - ABUSE OF STUDENTS IN SCHOOL › INTRODUCTION › Section 3490.143 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions in §
													3490.4 (relating to definitions),
							 the following words and terms, when used this section and §§
													3490.141,
							 3490.142,
							 3490.151-3490.154,
							 3490.161,
							 3490.171 -3490.175, 3490.181,
							 3490.182 and 3490.191-3490.193, have the following meanings, unless the context
							 clearly indicates otherwise:
Administrator
-The person responsible
							 for the administration of a public or private school, intermediate unit or area
							 vocational-technical school. The term includes an independent
							 contractor.
Founded report for a school
							 employe
-A report of student abuse if there is any judicial
							 adjudication based on a finding that the student suffered serious bodily injury
							 or sexual abuse or exploitation, including the entry of a plea of guilty or
							 nolo contendere or a finding of guilt to a criminal charge involving the same
							 factual circumstances involved in the allegations of student abuse.
Indicated report for a school
							 employe
-A report of student abuse if an investigation by the county
							 agency determines that substantial evidence of serious bodily injury or sexual
							 abuse or exploitation exists based on one or more of the following:
(i) Available medical evidence.
(ii) The county agency's
						  investigation.
(iii) An admission
						  of causing serious bodily injury to a student or sexually abusing or exploiting
						  a student by the school employe.
School
-All schools including public
							 and nonpublic schools as defined in the Public School Code of 1949
							 (24
							 P. S. §§
														1-101-27-2702) and private
							 academic schools as defined in 22 Pa. Code Part II (relating to State Board of
							 Private Academic Schools) as follows:
(i)
Public
-School districts,
						  intermediate units, area vocational-technical schools, charter and regional
						  charter school.
(ii)
Registered
-Nonpublic (religiously affiliated
						  schools).
(iii)
Licensed
-Private academic schools that are licensed by the
						  Department of Education (including residential facilities that hire their own
						  staff to teach residents of the facility).
(iv)
Accredited
-Accredited
						  by an accreditation association or organization.
(v)
State-owned
-Scotland
						  School and Scranton School for the Deaf.
School employe
-A person employed by
							 or under contract with a school.
Student
-An individual enrolled in a
							 school who is under 18 years of age.
Student abuse
-One or more of the
							 following:
(i) Serious bodily
						  injury.
(ii) Sexual abuse or
						  exploitation when committed by a school employe against a student.
Subjects of a report
-The child,
							 parent, guardian or other person responsible for the welfare of the child and
							 the school employe named in a report of suspected student abuse.
Unfounded report for a school
							 employe
-A report of student abuse unless the report is a founded
							 report for a school employe or an indicated report for a school
							 employe.