1. (a) Section 3490.132 (relating to responsibilities of an administrator) does not apply to a person working in a school who meets the following conditions:

   1. (1) Is under 21 years of age.
   2. (2) Is participating in a job development or job training program.
   3. (3) Is employed for not more than 90-calendar days.

2. (b) An administrator may employ an applicant on a provisional basis if the following apply:

   1. (1) The applicant attests in writing by oath or affirmation that he has submitted a request for a clearance statement and is not disqualified under § 3490.132.
   2. (2) The administrator has no knowledge of information which would disqualify the applicant under § 3490.132.

3. (c) The provisional period may not exceed:

   1. (1) Thirty-calendar days for residents of this Commonwealth.
   2. (2) Ninety-calendar days for residents of another state.
4. (d) An administrator may not hire an applicant on a provisional basis during a strike under the Public Employee Relations Act (43 P. S. § § 1101.201—1101.2201).

5. (e) If the applicant does not submit the clearance statement within 30- or 90-calendar days, whichever is applicable, the administrator shall do one of the following:

   1. (1) Dismiss the provisional employe until the required clearance statement is received.
   2. (2) Lay off or place the provisional employe on leave with or without pay until the clearance statement is received.
   3. (3) Retain and reassign the provisional employe to a position that does not involve direct contact with children.
6. (f) An administrator shall immediately dismiss a provisional employe if the employe is the perpetrator of a founded report of child abuse or the individual responsible for causing serious bodily injury to or sexually abusing or exploiting a student in a founded report of student abuse.

Source

The provisions of this § 3490.134 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions); and 55 Pa. Code § 3490.132 (relating to responsibilities of an administrator).