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 A - CHILD PROTECTIVE SERVICES › VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR SCHOOL EMPLOYES › Section 3490.131 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 section and §§
													3490.132-3490.136, have the following
							 meanings, unless the context clearly indicates otherwise:
Administrator
-
(i) The person responsible for the
						  administration of a public or private school, intermediate unit or area
						  vocational-technical school.
(ii)
						  The term includes a person responsible for employment decisions in a school and
						  an independent contractor.
Applicant
-
(i) An individual who applies for a position
						  as a school employe including a person applying to be a volunteer in charter or
						  regional charter schools.
(ii) The
						  term includes an individual who transfers from one position as a school employe
						  to another position as a school employe.
Clearance statement
-An official
							 clearance statement from the Department on whether an applicant's name is on
							 file in the Statewide Central Register as a perpetrator in an indicated or
							 founded report of child abuse or an indicated or founded report of student
							 abuse, or both.
Direct contact with students
-Access
							 to children by a school employe who has routine and unsupervised access to
							 children in the course of carrying out the employe's responsibilities in a
							 school.
Independent contractor and the contractor's
							 employes
-A person employed in a position on a contractual basis with a
							 school who has direct contact with students.
Position
-The job classification of a
							 school employe as defined and determined by existing law, State regulation or
							 the school board or governing authority including administrative and
							 supervisory staff, teachers, paraprofessionals, support staff or others.
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 schools.
(ii)
Registered
-Nonpublic (religiously affiliated
						  schools).
(iii)
Licensed
-Private academic schools that are licensed by the
						  Department of Education (includes 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
-
(i) An individual employed in a position by a
						  school.
(ii) The term includes
						  independent contractors and their employes.
(iii) The term excludes individuals who have
						  no direct contact with students.
Substitute list
-A list, approved by
							 the hiring authority of a school, containing the names of persons eligible to
							 serve the school as substitute teachers or temporary replacements for other
							 employes.
Transfer
-A change from one position
							 to another.