55 Pa. Code § 3490.131

Current through Register Vol. 54, No. 25, June 22, 2024

Section 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:

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.

55 Pa. Code § 3490.131

The provisions of this § 3490.131 adopted July 2, 1999, effective 7/3/1999, 29 Pa.B. 3513.