Current Employees and Criminal Background, again

As you likely know PDE has taken the position that last year's amendment to §1-111 requires a school to terminate a current employee who was (at the time) properly hired with a prior criminal conviction for a (now) barred offense.  Since those workers could clearly never get another job in a school, it was hardly fair to take away the one they already had.  In a decision from February of this year, there is at least one PA court that agrees with me.

The Hon. Judge Chad Kenney of the Delaware County Court of Common Pleas pointed out (as I have said all along) that the language of the statute is clearly directed at prospective employees and not current employees.  Additionally, there are constitutional and property rights at stake that cannot be summarily taken away in that fashion.  I wonder if he read what I have written on the subject?  In any event, for those reasons, he issued an injunction preventing the school from firing the employee.

Since that time, the case has been transfered to the Commonwealth Court, since that court has "original jurisdiction" over aspects of cases like this.

I thought I had written about this February decision back when it first came out, but I did not find a posting it here.  Sorry for the oversight.

If you are interested in tracking the progress of the cases pending before the Commonwealth Court, you can do so through the below links.

Jones v. Penn Delco SD

Herdelin v. Chitwood (Upper Darby)

I believe there may be cases pending from elsewhere in the state, but I am not sure of their status.

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