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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 8372 (December 31, 2022).

55 Pa. Code § 3490.131. Definitions.


§ 3490.131. Definitions.

 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:


     (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.


     (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.


   The provisions of this §  3490.131 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

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