Frequently Asked Questions: Act 24
Q. What could disqualify individuals from school employment?
Title 18 of Pennsylvania Consolidated statues, Under 242 P.S. Section 1-111 (e) “Reportable Offense” are as follows:
A. Individual can be disqualified for school employment for the criminal offences:
- Criminal homicide (Chapter 25)
- Aggravated assault (Section 2702)
- Stalking (Section 2709.1)
- Kidnapping (Section 2901)
- Unlawful restraint (Section 2902)
- Luring a child into a motor vehicle or structure (Section 2910)
- Rape (Section 3121)
- Statutory sexual assault (Section 3122.1)
- Involuntary deviant sexual intercourse (Section 3123)
- Sexual assault (Section 3124.1 and Section 3124.2)
- Aggravated indecent assault (Section 3125)
- Indecent assault (Section 3126)
- Indecent exposure (Section 3127)
- Incest (Section 4302)
- Concealing the death of a child (Section 4303)
- Endangering the welfare of children (Section 4304)
- Dealing in infant children (Section 4305)
- Prostitution and related offenses (A felony offense under section 5902(b)
- Obscene and other sexual materials and performances (Section 5903(c) or (d)
- Corruption of minors (Section 6301 (a) 1)
- Sexual abuse of children (Section 6312)
- Unlawful contact with minor (Section 6318)
- Solicitation of minors to traffic drugs (Section 6319)
- An offense designated as a felony under “The Controlled Substance, Drug, Devise and Cosmetic Act.”
Q. What are the six (6) additional crimes added to the list of Section 111 (e) offenses that disqualify individuals from school employment?
A. The following are (6) additional crimes added to the list of Section 111(e) that disqualifies individuals from school employment:
a. Luring a child into a motor vehicle or structure
b. Intuitional sexual assault
c. Sexual intercourse with an animal
d. Unlawful contact with a minor
e. Solicitation of minors to traffic drugs
f. Sexual exploitation of children
Q. Under the amendments to Act 24, what are the consequences for conviction of a crime listed under Section 111 (e)?
A. The employee shall be permanently excluded from school employment.
Q. What is the length of time that the amendment to Act 24 Section 111 prohibits the prospective employment of anyone who has been convicted of any felony of the first, second or third degree not listed in Section 111 (e) from school employment?
A. Ten (10) years after the expiration of the sentence.
Q. If a prospective employee has a conviction of any first degree misdemeanor what is length of time that the employer must wait to consider employment?
A. Employment will be prohibited for five (5) years after completion of the sentence.
Q. If a prospective employee has a conviction of a second offense driving under the influence of alcohol or controlled substance, graded as a first degree misdemeanor, what time period must the employer wait?
A. This will result in a three (3) year prohibition on hiring from the date of the completion of the sentence for the most recent offense.
Q. Previously Act 24 permitted certain persons under 21, in a job training program in which summer or seasonal students are hired by the district, to work at schools for up to 90 days without a background check. Has this changed?
A. Yes, this is no longer the case; the amends to Act 24 eliminates the exemption.
Q. What must an employee do to comply with the current Act 24 amendments?
A. An employee is required to complete and return the PDE-6004 form by December 27, 2011. The completed form should be sent to the A.I.U. Human Resources Department, 475 East Waterfront Dr. Homestead, PA 15120.
Q. What must an employee do if they have any arrest or conviction of an offense listed in Section 111 (e) that occurs after September 28, 2011?
A. They are required to report to the Human Resources Director within 72 hours of any arrest or conviction.
Q. What happens if the Director of Human Resources school has a reasonable belief that an employee was arrested or convicted of Section 111 (e) offense and the employee has not notified the Director of Human Resources with the appropriate timeframe?
A. The Director of Human Resources must require the employee to submit to a current background check at the expense of the school district.
Q. What happens if a crime is reported to the school administrators?
A. Act 24 requires the school administrators to report all crimes noted on PDE-6004 to the Professional Standards and Practices Commission (PSPC).