When new legislation passes, PSBA is seen as the leader in analyzing it and helping members make sense of it.

Recent PSBA Testimony - School Safety Issues: Senate Bills 965 and 966

Testimony of Timothy M. Allwein presented to
the Senate Education Committee
March 2006

Good morning Chairman Rhoades and members of the Senate Education Committee. Thank you for allowing me to testify on the important issue of school safety.

When it comes to protecting our school students, PSBA believes that most stringent statutes possible should be enacted and enforced. Too often, we hear of kids in school becoming the targets of crime, in many cases, violent crime perpetrated by other students, school employees or intruders who make their way into the schools somehow. These incidents should never happen. Schools should be places where children can go to learn and to socialize with one another without any fear.

Of all of these examples, perhaps the most offensive and, incidentally, the most preventable are those criminal acts made against children by school employees. We've asked the General Assembly to give schools better tools to ensure that the people they hire are above the law and whose conduct shows no history or tendencies toward those activities that none of us would want our children subjected to.

Senator Piccola has responded with Senate Bills 965 and 966, two proposals that, we believe will go a long way in ensuring the safety of kids while they are in school. The permanent ban on hiring individuals who are convicted of violent crimes, sex crimes or crimes against children is a necessary step in lessening the possibility that kids will become victims of the abhorrent behavior of a school employee. While this provision may seem overly harsh to some, I would ask, which one of us wants our son or daughter in the same building with a person who has been convicted of one of these crimes?

The same is undoubtedly true for the provision establishing a 10-year ban on hiring individuals convicted of a misdemeanor of the first or second degree. Again, this may seem to be unreasonably harsh, but let's look at the types of activities that are misdemeanors of the first or second degree. First, the Pennsylvania Criminal Code defines a misdemeanor of the first degree as any crime where a person convicted may be sentenced to a maximum term of imprisonment of five years. A crime is a misdemeanor of the second degree if a person convicted thereof may be sentenced to a maximum term of imprisonment of two years. Examples of these kinds of misdemeanors include possessions of instruments of crime with the intent to employ them criminally, possession of a firearm on school grounds or on a school bus or vehicle and simple assault. Again, who would want their children subjected to individuals whose behavior could warrant such a sentence?

PSBA also supports the provisions in SB 965 dealing with criminal background checks for current school employees, the obligation placed on school employees to report convictions and the ability of school boards to terminate individuals who willfully fail to disclose a conviction for those crimes that would have otherwise banned their employment. What good is a provision to screen job applicants without a similar provision for current employees?

We would go even further by requiring employees to report arrests for criminal activity. These reports would allow school districts to suspend employees, if they wish to do so, until court proceedings on the arrest are completed. Imagine the public outcry if a school district continues to actively employ an individual that has been arrested for child pornography for several weeks or months until his or her conviction.

The reporting of incidents involving acts of violence and possession of weapons on school property has been an issue that has been utilized differently by school administrators in the last decade. The use of phrases such as "acts of violence," the definition of terms such as "weapon" leave too much room for inconsistency among administrators and those who must interpret the law. It is no wonder that reporting has often been inconsistent between school district.

PSBA believes that the approach taken in Senate Bill 966 will allow for more consistency in reporting because it lists specific crimes that must be reported and because it allows for the creation of a reporting form by an advisory committee that includes representation from the law enforcement and school communities. PSBA also supports the opportunity for school entities to review their school violence reports with local law enforcement agencies for consistency and accuracy. Again, this will cut down on uneven reporting and give the public an accurate view of the conditions that exist at the local school.

Improving the safety of our children while they are at school begins with having in statute clear and consistent policies on the type of employees that can be hired and the reporting of criminal incidents committed on school grounds so that the proper steps can be taken to combat the problem. We believe that Senate Bills 965 and 966, with minor changes, are two important steps that will help ensure the safety of our children while they are at school; allowing them to concentrate on their studies with fear of violence.