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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 1148 (February 25, 2023).

55 Pa. Code § 3490.143. Definitions.

§ 3490.143. Definitions.

 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.

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