PA background check law for schools being challenged

A Pennsylvania law that’s been revised to protect children has some school employees filing suits trying to keep their jobs.

According to the Associated Press, at least four lawsuits have been filed around the commonwealth challenging the state Department of Education’s application of new rules about criminal records to current employees. Under the law that took effect last fall, school employees must report any arrests or convictions of serious crimes in their past and must also report any future arrest or conviction within three days. The requirement applies to crimes such as homicide, kidnapping, sexual assault or aggravated assault and applies to teachers, administrators, support staff and contractors.

The department has told administrators to fire any employee who comes into contact with children and has been convicted of any of the 28 listed offenses. The lawsuits, filed in Allegheny, Dauphin, Delaware and York counties, argue that the law should be interpreted to only pertain to future employees, not current ones. They further argue that the law is unconstitutional because it violates the due process rights of employees since it essentially penalizes them for crimes for which they’ve already been punished.

Time will tell whether the courts find any merit in these lawsuits, but we’ll certainly keep tabs on this issue. 

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