Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB1326

Introduced
5/7/26  

Caption

In preliminary provisions, further providing for criminal history of employees and prospective employees and conviction of certain offenses and for employment history review.

Summary

SB1326 amends the Pennsylvania Public School Code provisions governing criminal history checks and employment history reviews for school workers. The bill updates the effective date so that, beginning July 1, 2026, the criminal-history section applies to current and prospective employees of public and private schools, intermediate units, and area career and technical schools, including teachers, substitutes, janitors, cafeteria workers, and independent contractors and their employees, except for those with no direct contact with children and no work on school premises. The bill also revises the employment history review requirements for positions involving direct contact with children or work on school premises. Before hiring, school entities and independent contractors must continue to verify certification status and public professional discipline, and they may not hire applicants who fail to provide the required information. For independent contractor employees, the bill clarifies when the review is performed, how long it remains valid, and requires contractors to maintain records and share them with school entities upon request. A major change in SB1326 is the addition of disclosure duties for independent contractors. Before assigning an employee to a school entity, the contractor must inform the school of any known abuse or sexual misconduct investigations, certain disciplinary or separation actions taken while such allegations were pending, and any suspension, surrender, or revocation of a license or certificate tied to those allegations. If the school entity objects after being informed, the contractor may not assign that employee to the school. The bill’s impact is to tighten and clarify school hiring safeguards, especially for contractors and other nontraditional school personnel who may have direct contact with children or work on school property. It expands the practical reach of background and employment-history screening, strengthens recordkeeping, and gives school entities more information and veto power over contractor assignments involving employees with concerning histories. No committee transcript or vote history was provided, so the overall sentiment cannot be measured from recorded debate. Based on the bill text alone, the measure appears focused on child safety and screening integrity, with likely support from those favoring stronger protections in schools. Potential contention may center on the administrative burden for school entities and contractors, the scope of disclosure obligations, and the expanded application to employees working on school premises even if their contact with children is indirect.

Impact

SB1326 amends Sections 111 and 111.1 of the Public School Code of 1949. It changes who is covered by the criminal-history and employment-history screening rules, clarifies the treatment of independent contractor employees, and adds mandatory disclosure and assignment restrictions tied to abuse or sexual misconduct investigations and related disciplinary actions. The bill would require schools and contractors to adjust hiring, documentation, and notification practices for personnel working in or around school settings.

Sentiment

No votes or committee discussion were provided, so there is no recorded legislative sentiment to summarize. On the face of the bill, the policy direction is protective and child-safety oriented, suggesting likely support from advocates of stronger school screening standards. Any opposition would likely come from parties concerned about compliance costs, administrative complexity, or the breadth of the new contractor disclosure requirements.

Contention

The main points of contention are likely to involve the expanded coverage of the screening rules, especially for employees who work on school premises but may not have direct child contact, and the new obligations placed on independent contractors. School entities and contractors may view the recordkeeping, disclosure, and assignment-veto provisions as burdensome, while supporters would argue they are necessary to prevent individuals with concerning abuse- or misconduct-related histories from being placed in school settings. Another possible issue is how much information must be disclosed and how schools will evaluate objections to contractor assignments.

Companion Bills

No companion bills found.

Previously Filed As

PA SF155

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

PA SB643

Further providing for definitions; prohibiting use of criminal history and retaliation relating to use of criminal history; providing for notice to prospective occupants and tenants relating to use of criminal history and for exclusions and other legal requirements relating to use of criminal history; and further providing for procedure and for civil penalties.

PA HB962

Employer seeking wage or salary history of prospective employees; prohibited, etc.

PA AB2095

Employment discrimination: conviction history.

PA S4267

Revises certain portions of law related to criminal history record check for school employees.

PA A5161

Revises certain portions of law related to criminal history record check for school employees.

PA HB1164

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

PA SB215

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

PA HB636

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

PA S2613

Revises law requiring school districts, charter schools, nonpublic schools, and contracted service providers to review employment history of prospective employee for allegations of child abuse or sexual misconduct.

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