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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SMUCKER, PICCOLA, ERICKSON, RAFFERTY, WAUGH, ORIE, BRUBAKER, WILLIAMS AND BROWNE, MARCH 28, 2012 |
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| REFERRED TO EDUCATION, MARCH 28, 2012 |
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| AN ACT |
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1 | Amending the act of December 12, 1973 (P.L.397, No.141), |
2 | entitled "An act relating to certification of teachers in the |
3 | public schools of the Commonwealth and creating a |
4 | Professional Standards and Practices Commission," making |
5 | extensive substantive and editorial changes; and providing |
6 | for imposition of discipline on additional grounds, for |
7 | imposition of discipline on founded and indicated reports, |
8 | for confidentiality, for subpoenas and for disposition of |
9 | fees and fines collected. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Sections 1.1 and 1.2 of the act of December 12, |
13 | 1973 (P.L.397, No.141), known as the Professional Educator |
14 | Discipline Act, added December 20, 2000 (P.L.918, No.123), are |
15 | amended to read: |
16 | Section 1.1. Short Title.--This act shall be known and may |
17 | be cited as the [Professional] Educator Discipline Act. |
18 | Section 1.2. Definitions.--When used in this act, the |
19 | following words and phrases shall have the following meanings: |
20 | "Administrator" shall mean [a person who is a commissioned |
21 | officer or holds a valid administrative certificate.] an |
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1 | educator who holds a letter of eligibility, an administrative |
2 | certificate or a supervisory certificate or who serves in a |
3 | school entity in a position that supervises the academic |
4 | operations of a school building, a school program or a school |
5 | system. |
6 | "Certificate" shall mean any Commonwealth of Pennsylvania |
7 | certificate, letter of eligibility or permit issued under the |
8 | act of March 10, 1949 (P.L.30, No.14), known as the "Public |
9 | School Code of 1949," or under the act of January 28, 1988 |
10 | (P.L.24, No.11), known as the "Private Academic Schools Act." |
11 | The term includes a certificate or letter of eligibility that is |
12 | invalid or inactive. |
13 | "Charter or cyber charter school" shall mean a school |
14 | established pursuant to Article XVII-A of the act of March 10, |
15 | 1949 (P.L.30, No.14), known as the "Public School Code of 1949." |
16 | "Charter or cyber charter school staff member" shall mean an |
17 | individual employed by a charter or cyber charter school in a |
18 | position for which [State] certification would be required in a |
19 | public school other than a charter or cyber charter school but |
20 | who is not required to hold [State] certification under section |
21 | 1724-A of the act of March 10, 1949 (P.L.30, No.14), known as |
22 | the "Public School Code of 1949." The term includes an |
23 | individual who is the chief administrator or the individual with |
24 | primary responsibility for the administration of the charter or |
25 | cyber charter school. |
26 | "Chief school administrator" shall mean the superintendent or |
27 | chief executive officer of a school district, the executive |
28 | director of an intermediate unit, the director of an area |
29 | vocational-technical school, the chief administrator of a |
30 | charter or cyber charter school, the director of a private |
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1 | academic school or the chief administrator of any other entity |
2 | contracted to provide direct educational services to students |
3 | enrolled in a school district, intermediate unit, area |
4 | vocational-technical school, private academic school or charter |
5 | or cyber charter school. |
6 | "Commission" shall mean the Professional Standards and |
7 | Practices Commission. |
8 | "Contracted educational provider" shall mean a person who: |
9 | (1) serves in a position for which certification would be |
10 | required in a public school but who is exempted under the act of |
11 | March 10, 1949 (P.L.30, No.14), known as the "Public School Code |
12 | of 1949"; and |
13 | (2) is employed by an entity with which a school entity has |
14 | contracted to provide direct educational services to its |
15 | students or is an individual who directly contracts with a |
16 | school entity to provide educational services to its students. |
17 | "Department" shall mean the Department of Education of the |
18 | Commonwealth. |
19 | "Discipline" shall mean [any one of the following actions] |
20 | any of the following: |
21 | (1) [Issue a private] Private reprimand. |
22 | (2) [Issue a public] Public reprimand. |
23 | (3) [Direct the department to suspend the certificate of a |
24 | professional educator] Suspension. |
25 | (4) [Direct the department to revoke the certificate of a |
26 | professional educator] Revocation. |
27 | [(5) For a charter school staff member, the term shall |
28 | include an order suspending the person's eligibility to be |
29 | employed by a charter school or prohibiting the person from |
30 | being employed by a charter school. |
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1 | (6) Accept a professional certificate surrendered in lieu of |
2 | discipline.] |
3 | (5) Surrender. |
4 | [The commission may require a professional educator to meet |
5 | certain conditions or take corrective action in conjunction with |
6 | any discipline.] |
7 | "Educational specialist" shall mean a person who holds an |
8 | educational specialist certificate issued by the Commonwealth, |
9 | including, but not limited to, a certificate [endorsed] in the |
10 | area of elementary school counselor, secondary school counselor, |
11 | social restoration, school nurse, home and school visitor, |
12 | school psychologist, dental hygienist, instructional technology |
13 | specialist or nutrition service specialist. |
14 | "Educator" shall mean a person who holds a certificate, who |
15 | is a charter or cyber charter school staff member or who is a |
16 | contracted educational provider. |
17 | "Indictment" shall include a bill of indictment, police |
18 | criminal complaint, criminal information or other similar |
19 | document. |
20 | "Private academic school" shall mean a school that is |
21 | licensed to operate under the act of January 28, 1988 (P.L.24, |
22 | No.11), known as the "Private Academic Schools Act." |
23 | ["Professional educator" shall mean a person who is |
24 | certificated as a teacher, educational specialist or an |
25 | administrator in the Commonwealth.] |
26 | "Revocation" shall mean the termination of a certificate or |
27 | eligibility to be employed in a charter or cyber charter school |
28 | or any other entity contracted to provide educational services |
29 | to students enrolled in a school district, intermediate unit, |
30 | area vocational-technical school, private academic school or |
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1 | charter or cyber charter school. |
2 | "School entity" shall mean a school district, intermediate |
3 | unit [or], area vocational-technical school, charter [school, |
4 | Scotland School for Veterans' Children, Scranton State School |
5 | for the Deaf and Thaddeus Stevens College of Technology] or |
6 | cyber charter school, private academic school or any other |
7 | entity contracted to provide educational services to students |
8 | enrolled in a school district, intermediate unit, area |
9 | vocational-technical school, private academic school or charter |
10 | or cyber charter school. |
11 | "Secretary" shall mean the Secretary of Education of the |
12 | Commonwealth. |
13 | "Sexual abuse or exploitation" shall [mean the employment, |
14 | use, persuasion, inducement, enticement or coercion of a child |
15 | or student to engage in or assist any other person to engage in |
16 | any sexually explicit conduct or a simulation of any sexually |
17 | explicit conduct for the purpose of producing a visual |
18 | depiction, including photographing, videotaping, computer |
19 | depicting or filming, of any sexually explicit conduct or |
20 | conduct that constitutes an offense under 18 Pa.C.S. Ch. 31 |
21 | (relating to sexual offenses) or section 6312 (relating to |
22 | sexual abuse of children) or other forms of sexual exploitation |
23 | of children or students.] have the meaning given to the term by |
24 | 23 Pa.C.S. Ch. 63 (relating to child protective services). |
25 | "Sexual misconduct" shall mean any act, including, but not |
26 | limited to, any verbal, nonverbal, written or electronic |
27 | communication or physical activity, directed toward or with a |
28 | child or a student regardless of the age of the child or student |
29 | that is designed to establish a romantic or sexual relationship |
30 | with the child or student. Such prohibited acts include, but are |
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1 | not limited to, the following: |
2 | (1) sexual or romantic invitations; |
3 | (2) dating or soliciting dates; |
4 | (3) engaging in sexualized or romantic dialogue; |
5 | (4) making sexually suggestive comments; |
6 | (5) self-disclosure or physical exposure of a sexual, |
7 | romantic or erotic nature; or |
8 | (6) any sexual, indecent, romantic or erotic contact with |
9 | the child or student. |
10 | The consent of a child or a student to engage in sexual |
11 | misconduct may not be a defense or a mitigating factor in any |
12 | discipline proceeding under this act. |
13 | "State Board" shall mean the State Board of Education. |
14 | "State Board of Private Academic Schools" shall mean the |
15 | departmental administrative board as established by the act of |
16 | January 28, 1988 (P.L.24, No.11), known as the "Private Academic |
17 | Schools Act." |
18 | "Student" shall mean an individual enrolled in a public, |
19 | nonpublic, nonlicensed, private or charter or cyber charter |
20 | school, intermediate unit or area vocational-technical school or |
21 | in any other entity contracted to provide direct educational |
22 | services to students enrolled in a school district, intermediate |
23 | unit, area vocational-technical school, private academic school |
24 | or charter or cyber charter school. |
25 | "Supplemental sanctions" shall mean private or public |
26 | disciplinary sanctions that focus on remediation or restitution, |
27 | including, but not limited to, fees, fines, prescribed |
28 | coursework, evaluations, treatment plans, impaired educator |
29 | programs and other corrective action plans. |
30 | "Surrender" shall mean the termination by consent of a |
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1 | certificate or eligibility to be employed by a charter or cyber |
2 | charter school or contracted educational provider whenever the |
3 | certificate or eligibility is surrendered to the department |
4 | after the educator receives notice of allegations of misconduct |
5 | by a school entity, after the educator is dismissed for cause by |
6 | a school entity, after the educator resigns, retires or |
7 | otherwise separates from employment after the school entity |
8 | receives notice of misconduct, after the educator is removed |
9 | from any employment eligibility lists, including substitute or |
10 | guest teacher lists, after the department receives a report |
11 | concerning the educator under section 9.1, after the department |
12 | receives a complaint concerning the educator under section 9 or |
13 | after the educator is indicted or charged for a crime set forth |
14 | in section 111(e)(1) through (3) of the act of March 10, 1949 |
15 | (P.L.30, No.14), known as the "Public School Code of 1949," a |
16 | crime involving moral turpitude or the attempt, solicitation or |
17 | conspiracy to commit any crime set forth in section 111(e)(1) |
18 | through (3) of the "Public School Code of 1949" or any crime |
19 | involving moral turpitude. |
20 | "Suspension" shall mean the temporary termination of a |
21 | certificate or eligibility to be employed in a charter or cyber |
22 | charter school or any other entity contracted to provide direct |
23 | educational services to students enrolled in a school district, |
24 | intermediate unit, area vocational-technical school, private |
25 | academic school or charter or cyber charter school for a |
26 | specific period of time, for an indefinite period of time or |
27 | until specific conditions are met. |
28 | ["Teach" shall mean to engage in the practice of teaching in |
29 | the public schools of the Commonwealth or to provide related |
30 | educational specialist, administrative or supervisory services |
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1 | in such schools.] |
2 | "Teacher" shall mean [a] any person who holds a [valid] |
3 | Pennsylvania teaching certificate[.] or who is employed as a |
4 | contracted educational provider or by a charter or cyber charter |
5 | school in a position for which certification would be required |
6 | in a public school other than a charter or cyber charter school, |
7 | but who is not required to hold certification under the act of |
8 | March 10, 1949 (P.L.30, No.14), known as the "Public School Code |
9 | of 1949." |
10 | Section 2. Section 2 of the act is amended to read: |
11 | Section 2. Certification Requirements.--No [person shall |
12 | teach in a public school] educator shall be employed by a school |
13 | entity in the Commonwealth unless he has met the certification |
14 | requirements which are applicable to the institution in which he |
15 | is employed as established by the State Board [of Education |
16 | which are applicable to the institution where he is employed], |
17 | the State Board of Private Academic Schools or the department. |
18 | An educator whose certificate or eligibility to be employed as a |
19 | contracted educational provider or by a charter or cyber charter |
20 | school has been revoked, suspended or surrendered is not |
21 | eligible for employment in a school entity or eligible for any |
22 | certificate until the certificate or eligibility is reinstated |
23 | in accordance with this act. |
24 | Section 3. Sections 3, 4, 5 and 6 of the act, amended |
25 | December 20, 2000 (P.L.918, No.123), are amended to read: |
26 | Section 3. Professional Standards and Practices |
27 | Commission.--(a) There is hereby created a Professional |
28 | Standards and Practices Commission consisting of thirteen |
29 | members appointed by the Governor with the advice and consent of |
30 | a majority of the members elected to the Senate. |
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1 | (b) The term of office of members of the commission shall be |
2 | three years [except that:], with members serving fixed and |
3 | staggered terms so that in the first two of every three years, |
4 | the terms of four members expire, and in the third of every |
5 | three years, the terms of five members expire. |
6 | [(1) the terms of office of four members appointed in the |
7 | calendar year 2000 shall expire on the third Tuesday of January |
8 | 2001; |
9 | (2) the terms of office of four members appointed in the |
10 | calendar year 2000 shall expire on the third Tuesday of January |
11 | 2002; and |
12 | (3) the terms of office of five members appointed in the |
13 | calendar year 2000 shall expire on the third Tuesday of January |
14 | 2003.] |
15 | (c) Vacancies shall be filled for an unexpired term in the |
16 | same manner as original appointments. No person shall serve for |
17 | more than two consecutive terms as a member of the commission; |
18 | however, members may continue to serve after the expiration of |
19 | their term until a replacement appointed by the Governor is |
20 | confirmed. The Governor may remove any member from the |
21 | commission for misconduct or malfeasance in office, incapacity, |
22 | or neglect of duty. All members of the commission shall be |
23 | residents of the Commonwealth of Pennsylvania. |
24 | Section 4. Membership and Qualifications.--(a) The |
25 | membership of the Professional Standards and Practices |
26 | Commission shall consist of: |
27 | (1) [Seven classroom teachers, including one educational |
28 | specialist, broadly representative of the teaching profession |
29 | from public schools] Six classroom teachers broadly |
30 | representative of the education profession, with not more than |
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1 | one from a school entity other than a public school. |
2 | (2) Three administrators from [public schools] a school |
3 | entity, at least one of whom shall be a commissioned officer and |
4 | one a principal, with not more than one from a school entity |
5 | other than a public school. |
6 | (3) One administrator from an approved institution of higher |
7 | learning in the Commonwealth offering approved teacher education |
8 | programs. |
9 | (4) Two members from the general public, at least one of |
10 | whom shall be an elected public school director. |
11 | (5) One educational specialist. |
12 | (b) Except for the representatives of the general public, |
13 | the Governor in making appointments shall consider |
14 | recommendations from panels of nominees submitted by Statewide |
15 | educational organizations [of professional educators] which |
16 | certify that the panels include only representatives of the |
17 | category of professional personnel for which the panel or panels |
18 | of nominees are submitted. However, the Governor shall not be |
19 | limited to nominating members of Statewide organizations for |
20 | appointments to the commission. |
21 | (c) All members of the commission except the persons |
22 | representing the general public shall have been actively engaged |
23 | in teaching or providing related educational, administrative or |
24 | supervisory services in a [public school] school entity or |
25 | approved institution of higher education with approved teacher |
26 | education programs for at least five of the eight years |
27 | immediately preceding their appointment. A person appointed to |
28 | the commission who leaves the Commonwealth to become domiciled |
29 | in another state shall have his position on the commission |
30 | deemed vacated. A person whose status changes to a category |
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1 | different from that for which that person was appointed may |
2 | continue to serve on the commission for the remainder of that |
3 | person's appointment or until replaced. |
4 | (d) The chairman of the State Board [of Education], or a |
5 | member of the [board] State Board designated by the chairman, |
6 | shall be an ex officio member of the commission without voting |
7 | privileges. |
8 | (e) The members of the commission, employes of the |
9 | commission and agents of the commission shall in all of their |
10 | deliberations consider the public interest, including ensuring |
11 | the health, safety and welfare of students or other individuals |
12 | in school entities. |
13 | Section 5. Power and Duties.--(a) The Professional |
14 | Standards and Practices Commission shall have the power and its |
15 | duty shall be: |
16 | (1) To recommend to the State Board [of Education] rules and |
17 | regulations defining positions for which certification should be |
18 | required and criteria to determine qualifications, consistent |
19 | with this act, necessary to hold such a certificate. |
20 | (2) To recommend to the State Board [of Education] rules and |
21 | regulations providing for making a certificate permanent upon |
22 | evidence of such teaching experience and additional preparation |
23 | as may by rule be required. |
24 | (3) To recommend to the State Board [of Education] rules and |
25 | regulations providing for [the Department of Education] the |
26 | department's investigation and determination of the |
27 | acceptability of programs of professional education in colleges |
28 | and universities of this Commonwealth issuing degrees to persons |
29 | who may desire to teach in the schools of this Commonwealth. The |
30 | commission may recommend as its own, with or without |
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1 | modification, standards used by other organizations engaged in |
2 | the evaluation of teacher preparation programs. In |
3 | [establishing] recommending standards pursuant to this clause, |
4 | the commission shall consider, among other factors, the |
5 | following: |
6 | (i) Ongoing research and developing theories in education. |
7 | (ii) The knowledge and skills necessary to effectively |
8 | perform professional education functions. |
9 | (iii) The liberal arts and general education requirements |
10 | that are the foundation of a teacher preparation program. |
11 | (iv) The value of student [teacher] teaching, laboratory |
12 | work and other professional experience as preparation for |
13 | certification. |
14 | (v) The cultural and demographic diversity of relevant |
15 | student populations. |
16 | (vi) Other interests of the public. |
17 | The commission shall assess the effectiveness of educator |
18 | preparation programs and recommend changes to the State Board |
19 | [of Education] as indicated by such evaluations. |
20 | (4) To recommend to the State Board [of Education] changes |
21 | in teacher education programs based on commission conducted |
22 | assessments of these programs. |
23 | (5) To recommend to the State Board [of Education] rules and |
24 | regulations providing for acceptance or approval of certificates |
25 | to teach issued by other states, countries and bodies. |
26 | (6) To recommend to the State Board [of Education] rules and |
27 | regulations providing for the department to enter into |
28 | agreements with agencies of other states for reciprocal approval |
29 | of teacher preparation programs. |
30 | (7) To recommend to the State Board [of Education] rules and |
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1 | regulations governing examinations for the initial certification |
2 | of teachers. |
3 | (8) To cooperate with a national board for professional |
4 | education certification recognized by the commission to such |
5 | degree as, in the commission's judgment, shall bring advantage |
6 | to the Commonwealth. |
7 | (9) To establish procedures for [conducting hearings |
8 | pursuant to section 13 and for hearings regarding reinstatement |
9 | of certificates] the commission's adjudication of educator |
10 | misconduct and applications for reinstatement and for conducting |
11 | public hearings, including the imposition of fines and fees. |
12 | (9.1) To adopt requirements regarding the submission of |
13 | reports by the department on the processing of complaints in |
14 | order to ensure the timely and effective resolution of |
15 | complaints. |
16 | (10) To adopt and maintain a code for professional practice |
17 | and conduct that shall be applicable to any educator as defined |
18 | in this act, pursuant to the act of July 31, 1968 (P.L.769, |
19 | No.240), referred to as the Commonwealth Documents Law. Nothing |
20 | in the code for professional practice and conduct shall be an |
21 | independent basis for [the suspension or revocation of a |
22 | certificate] discipline other than a public or private |
23 | reprimand, nor shall it pertain to questions of membership or |
24 | affiliation or nonaffiliation in an employe organization, or |
25 | participation in the actions of an employe organization, or |
26 | participation or nonparticipation in the actions of an employe |
27 | organization related to the negotiation of a collective |
28 | bargaining agreement, a strike or other work stoppage as defined |
29 | under the act of July 23, 1970 (P.L.563, No.195), known as the |
30 | "Public Employe Relations [Act," provided that the code may |
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1 | specify those sections the violation of which may constitute a |
2 | basis for reprimand.] Act." |
3 | [(11) To discipline any professional educator or charter |
4 | school staff member found guilty upon hearings before the |
5 | commission of immorality, incompetency, intemperance, cruelty or |
6 | negligence or for violation of any provision of the act of May |
7 | 29, 1931 (P.L.210, No.126), entitled, as amended, "An act to |
8 | regulate the certification and the registration of persons |
9 | qualified to teach in accredited elementary and secondary |
10 | schools in this State; imposing certain duties upon the |
11 | Department of Public Instruction and the State Board of |
12 | Education; defining violations; providing penalties, and for |
13 | appeal to the court of common pleas of Dauphin County." The |
14 | commission shall establish definitions consistent with this |
15 | clause.] |
16 | (11.1) To direct the department to [suspend or revoke the |
17 | certificate of a professional educator or charter school staff |
18 | member] discipline any educator in accordance with section 9.2, |
19 | 9.3, 9.4 or 9.5. |
20 | (11.2) To impose conditions, corrective action, fines or |
21 | fees for violations of this act or for reinstatement, including |
22 | requiring an educator, at the educator's own expense, to submit |
23 | to the evaluation or care, counseling or treatment of a |
24 | physician, psychologist, therapist or psychiatrist as designated |
25 | by the commission or enter an impaired educator program or |
26 | similar program approved by the commission. |
27 | (11.3) To issue subpoenas in accordance with procedures set |
28 | forth in this act. |
29 | (12) To establish procedures which assure that actions |
30 | concerning discipline and reinstatement of [professional] |
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1 | educators shall comply with due process. |
2 | (12.1) To establish and participate in alternative dispute |
3 | resolution programs to allow for flexibility, early resolution |
4 | and cooperation in resolving charges filed under section 13. |
5 | (12.2) To develop outreach programs, professional |
6 | development and courses designed to improve the quality of |
7 | practice and ethical conduct in the teaching profession. |
8 | (13) To keep minutes of its meetings and report annually to |
9 | the Governor, the General Assembly, the State Board [of |
10 | Education], the education profession and the public and to |
11 | publish, from time to time, such other reports as it deems |
12 | appropriate. |
13 | (14) To adopt, pursuant to the act of July 31, 1968 |
14 | (P.L.769, No.240), referred to as the Commonwealth Documents |
15 | Law, operating and procedural rules and regulations necessary to |
16 | carry out the purposes of this act. The commission shall hold |
17 | public hearings and take testimony concerning proposed |
18 | recommendations which shall be presented to the State Board [of |
19 | Education]. |
20 | (a.1) Nothing in this act shall be construed to prevent |
21 | organizations of the education profession from adopting measures |
22 | designed to improve the standards and practices of ethics and |
23 | academic freedom among their members and in their relationships |
24 | with other persons and groups. |
25 | (b) All teachers' certificates in force in this Commonwealth |
26 | on [the effective date of this amendatory act] February 17, |
27 | 2001, shall continue in full force and effect, subject to all |
28 | the terms and conditions under which they were issued, until |
29 | they expire by virtue of their own limitations, unless they are |
30 | sooner annulled for the reasons and in the manner provided by |
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1 | law. |
2 | (c) Recommendations as outlined in subsection (a) shall be |
3 | presented publicly at a scheduled State Board [of Education] |
4 | meeting. This presentation shall be prior to any board action on |
5 | regulations, standards or guidelines affecting teacher |
6 | certification, professional practices, accreditation of teacher |
7 | education programs and long range plans. |
8 | Section 6. Organization and Meetings of the Commission.--(a) |
9 | The Governor shall annually select a chairman from among the |
10 | membership of the commission. The chairman, or a commission |
11 | member designated by the chairman, shall be an ex officio member |
12 | of the State Board [of Education] without voting privileges or |
13 | assignment to either council. |
14 | (b) Meetings shall be held at least five times per year at |
15 | the call of the chairman or upon request in writing of a |
16 | majority of the commission. A majority shall constitute a quorum |
17 | and a majority of such quorum shall have authority to act upon |
18 | any matter properly before the commission unless otherwise |
19 | specified in this act. [In the case of the discipline of an |
20 | administrator, the commission shall act by a majority vote of a |
21 | special panel of at least nine members selected by the chairman, |
22 | to include no more than three teachers. The first meeting of the |
23 | commission shall be held within six months of the effective date |
24 | of this act.] Meetings of the commission shall be open to the |
25 | public and the executive director of the commission shall be |
26 | responsible for seeing that notices of meetings of the |
27 | commission are properly circulated. |
28 | Section 4. Sections 7 and 8 of the act, amended December 14, |
29 | 1989 (P.L.612, No.71), are amended to read: |
30 | Section 7. Expenses.--Members of the commission shall |
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1 | receive no compensation for their services, but shall be |
2 | reimbursed for their actual and necessary expenses incurred in |
3 | the performance of official commission business. A member of the |
4 | commission, who is an employe of an agency of the Commonwealth, |
5 | or any of its political subdivisions [including school |
6 | districts], or of a school entity, shall be permitted to attend |
7 | commission meetings and perform other commission duties without |
8 | loss of income or other benefits. A State agency or any |
9 | political subdivision of this Commonwealth, including a school |
10 | entity, required to employ a substitute for a member of the |
11 | commission who is absent from his employment while performing |
12 | commission business shall be reimbursed by the [Department of |
13 | Education] department from funds appropriated for the general |
14 | government operations of the [Department of Education] |
15 | department for the actual amount of any costs incurred upon |
16 | presentation of a request for reimbursement and documentation of |
17 | such cost. A member of the commission who is employed by a |
18 | private employer shall be reimbursed by the [Department of |
19 | Education] department, from funds appropriated for the general |
20 | government operations of the [Department of Education] |
21 | department, for any income lost, pursuant to guidelines |
22 | established by the commission, as a result of attendance at |
23 | commission meetings or performance of other official commission |
24 | duties upon presentation of a request for reimbursement and |
25 | documentation of such loss. |
26 | Section 8. Commission Staff.--(a) There shall be an |
27 | executive director of the commission who shall serve as the |
28 | executive officer and secretary of the commission. The |
29 | commission and the secretary shall jointly employ and fix the |
30 | compensation of the executive director. The executive director, |
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1 | with approval of the commission and the secretary, may employ |
2 | additional professional and clerical personnel as may be |
3 | necessary to carry out the duties and responsibilities of the |
4 | commission. The [Department of Education] department shall |
5 | provide adequate space and equipment to facilitate the |
6 | activities of the commission. |
7 | (b) The Governor, through his General Counsel, shall provide |
8 | such legal advice and assistance as the commission may require. |
9 | Section 5. Sections 9, 9.1 and 9.2 of the act, amended or |
10 | added December 20, 2000 (P.L.918, No.123), are amended to read: |
11 | Section 9. Complaints and Department Investigations.--(a) |
12 | [A proceeding to discipline a professional educator shall be |
13 | initiated by the filing of a complaint with the department by |
14 | any interested party within one year from the date of the |
15 | occurrence of any alleged action specified under section |
16 | 5(a)(11), or from the date of its discovery. Complaints |
17 | involving sexual abuse or exploitation of a child or a student |
18 | may be filed beyond the date of the alleged occurrence or date |
19 | of its discovery up until five years after the child or student |
20 | reaches 18 years of age. If the alleged action is of a |
21 | continuing nature, the date of its occurrence is the last date |
22 | on which the conduct occurred.] The filing of a written educator |
23 | misconduct complaint with the department will initiate the |
24 | department's review and investigation of an educator. |
25 | (b) For purposes of this act, the department may file an |
26 | educator misconduct complaint. |
27 | (c) The department may by regulation prescribe standards for |
28 | the filing of complaints. The complaint shall, at a minimum: |
29 | (1) be in a written form prescribed by the department; |
30 | (2) specify the nature and character of the [charges] |
|
1 | allegations of misconduct; and |
2 | (3) be verified [under oath by the complaining party] by the |
3 | complainant or a duly authorized agent of the [complaining |
4 | party] complainant and made subject to the penalties of 18 |
5 | Pa.C.S. § 4904 (relating to unsworn falsification to |
6 | authorities). |
7 | (d) The commission[, and its individual members,] may not |
8 | file a complaint [or initiate a disciplinary proceeding on their |
9 | own motion, except that if,]. If an individual commissioner in |
10 | the performance of [commission business, the commission, or any |
11 | of its individual members,] his or her professional |
12 | responsibilities as an employe of a school entity uncovers |
13 | evidence of educator misconduct that would appear to [require |
14 | discipline, the commission may transmit such evidence to the |
15 | department where such evidence will be treated as] warrant |
16 | discipline under this act, the individual commissioner may file |
17 | a complaint in accordance with the provisions of this act. |
18 | [(f)] (e) Upon receipt of a complaint, the department shall |
19 | promptly review it and all other complaints and information |
20 | relating to the [professional] educator. |
21 | (1) If the facts alleged are not legally sufficient to |
22 | warrant discipline under this act, the department shall dismiss |
23 | the complaint and provide written notice of such dismissal to |
24 | the [complaining party and to the affected professional] |
25 | complainant and to the educator. |
26 | (2) If the facts alleged are deemed legally sufficient to |
27 | warrant discipline[, the department shall notify the affected |
28 | professional educator and the complaining party in writing of |
29 | the sufficiency of the complaint and] under this act, the |
30 | department shall provide written notice of the legal sufficiency |
|
1 | of the complaint to the educator, the current and former school |
2 | entity in which the educator is or was employed and the |
3 | complainant. |
4 | (2.1) If the facts alleged are deemed legally sufficient to |
5 | warrant discipline, the department may conduct a preliminary |
6 | investigation to determine whether there is probable cause to |
7 | believe that grounds for discipline exist. The department shall |
8 | be provided, upon request to the complainant, the educator and |
9 | the current and former school entity in which the educator is or |
10 | was employed, any [documents] relevant information and |
11 | documentary and physical evidence it may reasonably require in |
12 | pursuit of its preliminary investigation. [Such request shall be |
13 | made in writing to the professional educator or the current or |
14 | prior employer.] |
15 | (3) If the department determines that probable cause does |
16 | not exist, [it shall issue a written notice to the affected |
17 | professional educator, the complaining party and the current or |
18 | prior employer if the employer was notified of the complaint. If |
19 | a finding of probable cause is made, the department shall so |
20 | notify the affected professional educator and the complaining |
21 | party and may immediately conduct an investigation pursuant to |
22 | section 12 or transmit its preliminary findings to the local |
23 | school governing board of the school entity in which the |
24 | affected professional educator is or was last serving, to allow |
25 | the local school board to investigate and comment upon the |
26 | appropriateness of professional discipline.] the department |
27 | shall dismiss the complaint and provide a written notice of such |
28 | dismissal to the educator, the complainant and the current and |
29 | former school entity in which the educator is or was employed. |
30 | (4) If the department determines that probable cause exists, |
|
1 | the department shall provide written notice to the educator, the |
2 | complainant and the current and former school entity in which |
3 | the educator is or was employed and may immediately conduct an |
4 | investigation, which may include directing the school entity to |
5 | investigate and comment upon the appropriateness of professional |
6 | discipline in accordance with section 11. |
7 | (f) In conducting its investigations under this act, the |
8 | department may investigate any and all allegations of misconduct |
9 | in the complaint or complaints and any other misconduct |
10 | concerning the educator that is discovered in the course of the |
11 | investigations. |
12 | Section 9.1. [Reporting to Department] Mandatory |
13 | Reporting.--(a) The [superintendent, assistant superintendent, |
14 | executive director of an intermediate unit, chief administrator |
15 | of an area vocational-technical school, administrator of a |
16 | charter school or their designees shall report any] chief school |
17 | administrator or his designee shall file all of the following |
18 | [to] with the department in writing on a form prescribed by the |
19 | department: |
20 | (1) [The dismissal of a certificated employe] Any educator |
21 | who has been provided with notice of intent to dismiss or of |
22 | nonrenewal for cause. The report shall be filed within [30] 15 |
23 | days after [an administrative decision by an arbitrator or the |
24 | local board of school directors] notice is provided by a school |
25 | entity. |
26 | (2) [Conduct that has resulted in a criminal indictment or |
27 | conviction for a crime set forth in section 111(e)(1) through |
28 | (3) of the act of March 10, 1949 (P.L.30, No.14), known as the |
29 | "Public School Code of 1949," or other crime that involves moral |
30 | turpitude. The report shall be filed within 30 days of the |
|
1 | receipt of information and shall include all available |
2 | information relating to the conduct resulting in the charge or |
3 | conviction.] Any educator who has been indicted for or convicted |
4 | of any crime that is graded a misdemeanor or felony. For |
5 | purposes of this section, the term conviction shall include a |
6 | plea of guilty or nolo contendere. The report shall be filed |
7 | within 15 days of discovery of the indictment or conviction. |
8 | (3) [Information which constitutes reasonable cause to |
9 | believe that a certificated employe has] Any educator against |
10 | whom allegations have been made that the educator has: |
11 | (i) caused physical injury to a student or child as a result |
12 | of negligence or malice [or has]; |
13 | (ii) committed sexual abuse or exploitation involving a |
14 | student or child[.]; or |
15 | (iii) engaged in sexual misconduct with a student or child. |
16 | The report shall be filed within [60] 15 days of the [receipt of |
17 | the information.] discovery of the allegations of misconduct. |
18 | (4) Any educator who has resigned, retired or otherwise |
19 | separated from employment after a school entity has received |
20 | notice of alleged misconduct. The report shall be filed within |
21 | 15 days of the separation from employment, notwithstanding any |
22 | termination agreement to the contrary that the school entity may |
23 | enter into with the educator. |
24 | [(b) The superintendent, assistant superintendent, executive |
25 | director of an intermediate unit, chief administrator of an area |
26 | vocational-technical school and administrator of a charter |
27 | school or their designees shall comply with the provisions of |
28 | subsection (a). Failure to comply shall be deemed a violation of |
29 | subsection (a) by the chief school administrator of that school |
30 | entity and may result in disciplinary action against the chief |
|
1 | school administrator.] |
2 | (c) An educator who is indicted for or convicted of any |
3 | crime graded as a misdemeanor or felony shall report the |
4 | indictment or conviction to the school entity at which the |
5 | educator is currently employed within 72 hours of the indictment |
6 | or conviction. |
7 | (d) All reports submitted to the department shall include |
8 | all information and documentary and physical evidence in |
9 | possession or control of the school entity relating to the |
10 | misconduct resulting in the report. |
11 | Section 9.2. [Imposition of Discipline.--] Discipline for |
12 | Criminal Offenses.--(a) The commission shall [do all of the |
13 | following regarding suspension or revocation of a professional |
14 | certificate]: |
15 | (1) Direct the department to immediately suspend the |
16 | certificate [of a professional] and employment eligibility of an |
17 | educator indicted for a crime set forth in section 111(e)(1) |
18 | through (3) of the act of March 10, 1949 (P.L.30, No.14), known |
19 | as the "Public School Code of 1949," or the attempt, |
20 | solicitation or conspiracy to commit any crime set forth in that |
21 | section if the commission, after notice and hearing if |
22 | requested, determines that the [professional] educator poses a |
23 | threat to the health, safety or welfare of [a student] students |
24 | or other [individual in a school] persons in the schools of this |
25 | Commonwealth in accordance with the following: |
26 | (i) Within 15 days of [the receipt] service of notice of |
27 | charges issued by the department, the [professional] educator |
28 | may request a hearing before the commission on the question of |
29 | whether the certification or employment eligibility should be |
30 | immediately suspended. The commission or a [committee] panel of |
|
1 | members of the commission shall hold a hearing within 15 days of |
2 | the receipt of the request for hearing. If the educator fails to |
3 | request a hearing, the commission or a panel of members of the |
4 | commission promptly shall convene a meeting to consider the |
5 | request for immediate suspension. The commission or [committee] |
6 | panel shall issue a decision within 20 days after the conclusion |
7 | of the meeting or hearing, including receipt of the transcript |
8 | or filing of any briefs. The [professional] educator may appeal |
9 | the decision of the commission pursuant to section [15] 15(a), |
10 | except that an appeal filed shall not operate as a stay of the |
11 | discipline. |
12 | (ii) The commission may elect not to direct the department |
13 | to suspend the certificate [of a professional] and employment |
14 | eligibility of any educator indicted for a crime under this |
15 | subsection if the [professional] educator files an affidavit |
16 | attesting that during the pendency of the criminal [charge the |
17 | professional] proceeding the educator will not be employed in a |
18 | position that requires [professional] certification or involves |
19 | direct contact with children or students. The commission shall |
20 | not accept an affidavit when the allegations that form the basis |
21 | of the criminal proceeding involve sexual misconduct or sexual |
22 | abuse or exploitation of a student or child. |
23 | (iii) The commission shall direct the department to |
24 | immediately lift a suspension upon receipt of certified court |
25 | documents establishing that the charges have been dismissed or |
26 | otherwise removed. |
27 | (iv) [The commission may reinstate the certificate of a |
28 | professional] Upon petition by the educator, the commission may |
29 | direct the department to reinstate the certificate and |
30 | employment eligibility of an educator suspended under this |
|
1 | paragraph or release the [professional] educator from an |
2 | affidavit under subparagraph (ii) if the [professional educator |
3 | participates in] educator successfully completes an accelerated |
4 | rehabilitative disposition program as a result of the indictment |
5 | and the commission determines that the [professional] educator |
6 | does not pose a threat to the health, safety or welfare of |
7 | students or other individuals in a school. The commission shall |
8 | conduct an expedited hearing, if requested, for an applicant for |
9 | reinstatement or release under this subparagraph. |
10 | [Notwithstanding the provisions of this subparagraph, an |
11 | applicant shall not be reinstated if the indictment was for an |
12 | offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses) |
13 | where the victim is a minor.] |
14 | (2) Direct the department to revoke the certificate [of a |
15 | professional] and employment eligibility of an educator who has |
16 | been convicted of a crime set forth in section 111(e)(1) through |
17 | (3) of the "Public School Code of 1949," [or] a crime involving |
18 | moral turpitude, [or] an equivalent crime in Federal court or a |
19 | court of another state, territory or nation[,] or the attempt, |
20 | solicitation or conspiracy to commit any crime set forth in this |
21 | section upon the filing of a certified copy of the verdict or |
22 | judgment or sentence of the court with the commission. The |
23 | commission shall direct the department to immediately reinstate |
24 | a certificate and employment eligibility upon receipt of |
25 | certified court documents establishing that the conviction was |
26 | reversed on appeal. For purposes of this paragraph, the term |
27 | "conviction" shall include a plea of guilty or nolo contendere. |
28 | [(3) Direct the department to discipline a professional |
29 | educator upon receipt of a certified copy of an adjudication |
30 | from the appropriate licensing authority in another state, |
|
1 | territory or nation imposing discipline for grounds, other than |
2 | a conviction under paragraph (2), that are comparable to grounds |
3 | for discipline under this act. Upon receipt of the adjudication, |
4 | the commission shall issue an order directing that the |
5 | professional educator show cause why the imposition of identical |
6 | or comparable discipline in this Commonwealth would be |
7 | unwarranted. The professional educator shall respond within 30 |
8 | days of receipt of the order. The final adjudication by an |
9 | appropriate licensing authority of another jurisdiction shall be |
10 | conclusive as to the misconduct of a professional educator under |
11 | this act. Within 30 days after the time alloted for the |
12 | professional educator to respond to the order to show cause, the |
13 | commission may impose the identical or comparable discipline |
14 | unless the professional educator demonstrates that: |
15 | (i) the discipline would result in a grave injustice; |
16 | (ii) the discipline is substantially different from what |
17 | would have been imposed for similar conduct in this |
18 | Commonwealth; or |
19 | (iii) the procedure used in the other jurisdiction did not |
20 | provide due process. |
21 | (4) Direct reinstatement of a certificate revoked, suspended |
22 | or surrendered in lieu of discipline in accordance with this |
23 | act.] |
24 | (b) Nothing in this section shall be construed to prevent |
25 | the department from pursuing discipline under this act against |
26 | any educator who has been acquitted, who has participated in an |
27 | alternative disposition program or for whom the criminal charges |
28 | were otherwise withdrawn or dismissed. |
29 | Section 6. The act is amended by adding sections to read: |
30 | Section 9.3. Imposition of Discipline on Additional |
|
1 | Grounds.--(a) The commission shall direct the department to |
2 | impose discipline against any educator for conduct found by the |
3 | commission to constitute: |
4 | (1) Immorality. |
5 | (2) Incompetency. |
6 | (3) Intemperance. |
7 | (4) Cruelty. |
8 | (5) Negligence. |
9 | (6) Sexual misconduct. |
10 | (7) Sexual abuse or exploitation. |
11 | (8) A violation of the code for professional practice and |
12 | conduct adopted pursuant to section 5(a)(10). |
13 | (9) Illegal use of professional title as set forth in the |
14 | act of May 29, 1931 (P.L.210, No.126), entitled "An act to |
15 | regulate the certification and the registration of persons |
16 | qualified to teach in accredited elementary and secondary |
17 | schools in this State; imposing certain duties upon the |
18 | Department of Public Instruction and the State Board of |
19 | Education; defining violations; providing penalties, and for |
20 | appeal to the court of common pleas of Dauphin County." |
21 | (10) Failure to comply with duties under this act, including |
22 | the mandatory reporting duties set forth in section 9(a). |
23 | (11) Failure to file reports under the act of March 10, 1949 |
24 | (P.L.30, No.14), known as the "Public School Code of 1949." |
25 | (12) Actions taken by an educator to threaten, coerce or |
26 | discriminate or otherwise retaliate against an individual who in |
27 | good faith reports actual or suspected misconduct under this act |
28 | or against complainants, victims, material witnesses or other |
29 | individuals participating or cooperating in proceedings under |
30 | this act. |
|
1 | (b) The commission shall establish definitions consistent |
2 | with this section. |
3 | Section 9.4. Imposition of Discipline on Founded and |
4 | Indicated Reports.--(a) The commission shall: |
5 | (1) Direct the department to revoke the certificate and |
6 | employment eligibility of an educator who is named as the |
7 | perpetrator of a founded report of child abuse or named as an |
8 | individual responsible for injury or abuse in a founded report |
9 | for a school employe under 23 Pa.C.S. Ch. 63 (relating to child |
10 | protective services) upon receipt of a certified copy of the |
11 | founded report. |
12 | (2) Direct the department to discipline an educator who is |
13 | named as the perpetrator of an indicated report of child abuse |
14 | or named as an individual responsible for injury or abuse in an |
15 | indicated report for a school employe under 23 Pa.C.S. Ch. 63. |
16 | Upon receipt of a certified copy of the indicated report after |
17 | final determination by the Department of Public Welfare, the |
18 | department shall issue an order directing that the educator show |
19 | cause why the revocation of the educator's certificate and |
20 | employment eligibility would be unwarranted. The educator shall |
21 | respond within 30 days of service of the order. The indicated |
22 | report shall be conclusive evidence of immorality as defined |
23 | under this act. The commission shall order the revocation of the |
24 | educator's certificate and employment eligibility unless the |
25 | educator demonstrates that: |
26 | (i) the revocation would result in a grave injustice; or |
27 | (ii) the procedure used in the administrative procedure |
28 | under 23 Pa.C.S. Ch. 63 did not provide due process. |
29 | (3) Direct the department to immediately reinstate a |
30 | certificate and employment eligibility upon receipt of a |
|
1 | certified document establishing that a founded or indicated |
2 | report of child abuse or founded or indicated report for a |
3 | school employe was reversed or determined to be unfounded. |
4 | (b) Nothing in this section shall be construed to prevent |
5 | the department from pursuing discipline under this act against |
6 | any educator for whom a founded or indicated report of child |
7 | abuse or founded or indicated report for a school employe was |
8 | reversed or determined to be unfounded. |
9 | Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a |
10 | certified copy of an adjudication from the appropriate licensing |
11 | authority in another state, territory or nation imposing |
12 | discipline for grounds, other than a conviction under section |
13 | 9.2, that are comparable to the grounds for discipline under |
14 | this act, the department may issue an order directing that the |
15 | educator show cause why the imposition of identical or |
16 | comparable discipline in this Commonwealth would be unwarranted. |
17 | The final adjudication by an appropriate licensing authority of |
18 | another jurisdiction shall be conclusive as to the misconduct of |
19 | an educator under this section. The educator shall respond |
20 | within 30 days of service of the order to show cause. The |
21 | commission may direct the department to impose the identical or |
22 | comparable discipline unless the educator demonstrates that: |
23 | (1) the discipline would result in a grave injustice; |
24 | (2) the discipline is substantially different from what |
25 | would have been imposed for similar conduct in this |
26 | Commonwealth; or |
27 | (3) the procedure used in the other jurisdiction did not |
28 | provide due process. |
29 | (b) Nothing in this section shall be construed to prevent |
30 | the department from pursuing discipline against any educator |
|
1 | disciplined in another state, territory or nation under other |
2 | sections of this act. |
3 | Section 7. Section 10 of the act, amended December 20, 2000 |
4 | (P.L.918, No.123), is repealed: |
5 | [Section 10. Confidentiality.--(a) All information relating |
6 | to any complaints, including the identity of the complainant, or |
7 | any proceedings relating to or resulting from such complaints, |
8 | shall remain confidential, unless or until discipline, other |
9 | than a private reprimand, is ordered, any provision of law to |
10 | the contrary notwithstanding. Should proceedings, after all |
11 | appeals, result in discipline, other than private reprimand, |
12 | such discipline and all records pertaining thereto shall become |
13 | public. There shall be no ex-parte communication on any pending |
14 | matter regarding discipline. |
15 | (b) This section shall not prohibit any person from |
16 | disclosing information previously made public as a result of |
17 | action by a school entity to dismiss a certified employe for |
18 | cause or as a result of a certified employe having been formally |
19 | charged with or convicted of a crime of moral turpitude or |
20 | another offense requiring mandatory revocation of a certificate. |
21 | (c) The provisions of this section shall not apply to |
22 | reinstatements. |
23 | (d) Nothing in this section shall be construed to deny a |
24 | professional educator access to information necessary to prepare |
25 | a defense in a disciplinary proceeding under this act.] |
26 | Section 8. Sections 11, 12, 13, 14, 15 and 16 of the act, |
27 | amended December 20, 2000 (P.L.918, No.123), are amended to |
28 | read: |
29 | Section 11. Duties of [Local School Board Officials] School |
30 | Entities.--(a) Upon receipt of [the preliminary findings] |
|
1 | notification in writing from the department, a [local school |
2 | board shall investigate] school entity shall investigate the |
3 | allegations of misconduct as directed by the department and may |
4 | pursue the local disciplinary procedures established by law or |
5 | by collective bargaining agreement for adjudication of |
6 | complaints against [professional educators. The local school |
7 | board shall inform the department within 90 days of receipt of |
8 | the preliminary findings whether the local school board will |
9 | pursue disciplinary action and whether the board believes that |
10 | professional disciplinary action by the commission is warranted] |
11 | an educator. |
12 | (b) [The school board, when its local investigation is |
13 | completed, may make a definite] Within 90 days of receipt of the |
14 | written notification from the department directing the school |
15 | entity to conduct an investigation, the school entity shall |
16 | inform the department of the outcome of its investigation and |
17 | whether it will pursue local employment action and may make a |
18 | recommendation concerning discipline[. The school board shall |
19 | notify the affected professional educator of any such |
20 | recommendation and shall provide to the department] under this |
21 | act. In reporting the outcome of its investigation, the school |
22 | entity shall provide the department with: |
23 | (1) Its findings [and], a summary of the evidence gathered |
24 | and all documentary and physical evidence related to the |
25 | allegations of misconduct. |
26 | (2) Any other relevant information which the department may |
27 | request, including information related to individuals |
28 | interviewed by the [local school board.] school entity. |
29 | (b.1) If the school entity makes a recommendation concerning |
30 | discipline, it shall notify the educator of such recommendation. |
|
1 | (c) A school [district, intermediate unit, area vocational- |
2 | technical school or charter school,] entity and any official or |
3 | employe thereof[,] shall cooperate with the department during |
4 | [all stages of the disciplinary process.] its review, |
5 | investigation or prosecution and provide the department with any |
6 | relevant information and documentary and physical evidence that |
7 | the department may reasonably request. |
8 | (d) When the department receives information at any time |
9 | during the course of its review, investigation or prosecution of |
10 | misconduct that the educator is currently employed by a school |
11 | entity not previously notified under this act, the department |
12 | shall notify the school entity of the complaint, investigation |
13 | and charges so that the school entity may exercise its duties |
14 | and rights under this act. |
15 | (e) A school entity is prohibited from entering into any |
16 | agreement with an educator or educator association whereby a |
17 | school entity agrees not to comply with its mandatory reporting |
18 | duties or other duties outlined in this act. Any agreement or |
19 | provision of an agreement contrary to this subsection is void |
20 | and unenforceable. |
21 | Section 12. Department Action After Investigation.--After |
22 | completion of [an] a preliminary or full investigation, the |
23 | department may dismiss the [charges] complaint, determine that |
24 | appropriate and sufficient punishment has been imposed by the |
25 | [local school board, or initiate hearing procedures] school |
26 | entity, participate in alternative dispute resolution process, |
27 | enter into a written settlement agreement with the educator or |
28 | initiate the formal adjudicatory hearing process with the filing |
29 | of charges with the commission. If the complaint is dismissed or |
30 | [it is determined that appropriate and sufficient punishment has |
|
1 | been imposed by the local school board] otherwise resolved |
2 | without the filing of charges with the commission, the |
3 | department shall inform the [professional] educator, the |
4 | complainant and the [local school board of the determination] |
5 | school entity of its resolution of the complaint. |
6 | Section 13. Hearing.--(a) Upon determination to initiate |
7 | [hearing procedures] the formal adjudicatory hearing process, |
8 | the department shall[,] within 30 days[,] send a written notice |
9 | to the [affected professional] educator advising of the charges |
10 | and of his right to request a hearing within 30 days of |
11 | [receipt] service of such notice. A copy of the written notice |
12 | of the charges shall be served upon the [professional educator's |
13 | current or prior employer] current and former school entity in |
14 | which the educator is or was employed. The notice of charges |
15 | shall set forth all acts or omissions which the department |
16 | asserts constitute misconduct and warrant discipline, which need |
17 | not be limited to the allegations in the complaint or |
18 | complaints, and may include allegations of misconduct that were |
19 | discovered in the course of the department's investigation of a |
20 | complaint or complaints. |
21 | (b) Notwithstanding any other provision of this act, if the |
22 | department in its discretion determines that immediate |
23 | discipline is necessary to protect the health, safety or welfare |
24 | of students or other persons in the schools of this |
25 | Commonwealth, it [shall] may request that the commission modify |
26 | the procedure set forth in this section and schedule an |
27 | expedited hearing. |
28 | (c) The hearing shall be held in accordance with the |
29 | following procedures unless otherwise specified in this act or |
30 | ordered by the commission: |
|
1 | (1) Within [45] 15 days of receiving a request for a |
2 | hearing, the commission shall appoint a hearing officer from a |
3 | list of impartial third parties qualified to conduct such |
4 | hearings. The list shall have been previously agreed upon |
5 | jointly by the Governor's General Counsel and at least two- |
6 | thirds of the commission, and shall have at least five names |
7 | which shall be chosen on a rotating basis. |
8 | (2) The burden of proof shall be on the department, which |
9 | shall act as prosecutor, to establish by a preponderance of the |
10 | evidence that grounds for discipline exist. |
11 | (3) The [professional] educator against whom the [charge is] |
12 | charges are made shall have the right to be represented by |
13 | counsel and to present evidence and argument in accordance with |
14 | rules of procedure promulgated by the commission. |
15 | (4) [The governing board of the school entity in which the |
16 | affected professional educator is or was last employed may |
17 | intervene, for cause shown, in accordance with 1 Pa. Code § |
18 | 35.28] After the filing of charges against an educator with the |
19 | commission, the current or former school entity in which the |
20 | educator is or was employed may intervene in the disciplinary |
21 | proceeding. The hearing officer may limit the intervener's |
22 | participation in the hearing where appropriate. Admission as an |
23 | intervener shall not be construed as conferring full party |
24 | status on the school entity, and interveners are granted no |
25 | rights which survive discontinuance or resolution of the |
26 | disciplinary matter before the commission. |
27 | (5) The hearing shall be closed[, unless the affected |
28 | professional educator requests that it be open to the public. If |
29 | the hearing is open, the hearing officer, in his discretion, may |
30 | close any portion of the hearing for good cause shown. If the |
|
1 | hearing is closed,] and only the department, commission members |
2 | and staff, the [affected professional educator and his or her |
3 | representatives, any intervenors] educator and his or her |
4 | counsel, any intervener or its counsel, if applicable, and any |
5 | material witnesses shall be permitted to attend. [Students |
6 | attending school in the district which employs the professional |
7 | educator shall not be permitted to attend any hearing except as |
8 | witnesses duly subpoenaed to testify with respect to the charges |
9 | made.] Where a witness is a child or student, the commission or |
10 | its hearing officers may in their discretion permit a parent or |
11 | guardian to be in attendance during the testimony of the child |
12 | or student. |
13 | (6) The department may recommend to the hearing officer and |
14 | commission appropriate discipline. |
15 | (7) [The hearing officer shall, within 60] Within 90 days |
16 | after the conclusion of the hearing, [issue a decision |
17 | concerning whether] submission of written legal memoranda and |
18 | receipt of the transcript, the hearing officer shall issue a |
19 | proposed report concerning whether the department has met its |
20 | burden of establishing that misconduct has occurred and whether |
21 | discipline should be imposed. [A decision] The proposed report |
22 | shall include findings of fact and conclusions of law and |
23 | specify the recommended discipline. |
24 | Section 14. [Decision] Proposed Report by Hearing Officer.-- |
25 | (a) The [decision] proposed report of the hearing officer shall |
26 | [become final unless] be accepted by the commission unless: |
27 | (1) the [professional] educator or the department files |
28 | [exceptions or a brief on] exceptions in accordance with 1 Pa. |
29 | Code §§ 35.211 (relating to procedure to except to proposed |
30 | report) and 35.212 (relating to content and form of briefs on |
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1 | exceptions) within 30 days of the date of the [recommended |
2 | decision.] proposed report; |
3 | (2) the commission initiates a review of the proposed report |
4 | in the absence of exceptions; or |
5 | (3) the commission reopens the proceeding for the reception |
6 | of further evidence in accordance with 1 Pa. Code § 35.233 |
7 | (relating to reopening by agency action). |
8 | (b) [The commission shall promptly consider] After |
9 | consideration of exceptions to the hearing officer's [decision. |
10 | The commission by a majority vote of the full membership] |
11 | proposed report or further evidence or its review under this |
12 | section, the commission shall accept, modify or reject the |
13 | hearing officer's [decision, except that, in the case of |
14 | discipline of an administrator, all exceptions shall be taken by |
15 | a special panel of at least nine members of the commission |
16 | selected by the chairperson, which will include no more than |
17 | three teachers] proposed report. |
18 | [(c) Within 45 days after receiving the decision from the |
19 | hearing officer and the exceptions thereto, the commission shall |
20 | issue a written opinion and order affirming, reversing or |
21 | modifying the hearing officer's decision and imposing |
22 | discipline, if any.] |
23 | Section 15. Appeal.--(a) An order of the commission |
24 | regarding discipline [of a professional] or reinstatement of an |
25 | educator may be appealed only by the department or the |
26 | [professional] educator as an adjudication by a [State] |
27 | Commonwealth agency in the manner provided by law. |
28 | (b) An appeal filed under subsection (a) shall operate as a |
29 | stay of the discipline [until the determination] imposed under |
30 | this act until the resolution of the appeal, except where the |
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1 | commission's decision to discipline is accompanied by a finding |
2 | that immediate discipline is necessary to protect the health, |
3 | safety or welfare of students or other persons in the schools of |
4 | this Commonwealth or the discipline imposed is the result of a |
5 | negotiated settlement between the parties or is imposed under |
6 | section 9.2. |
7 | (c) Where the commission's adjudication [is in favor of the |
8 | professional educator] finds no educator misconduct under this |
9 | act, the charges pertaining to the disciplinary proceeding shall |
10 | be expunged from any personal or professional file of the |
11 | [professional] educator maintained by the department [and/or the |
12 | local school entity.] and the school entity unless the school |
13 | entity is actively pursuing local disciplinary action against |
14 | the educator under Article XI of the act of March 10, 1949 |
15 | (P.L.30, No.14), known as the "Public School Code of 1949." |
16 | (d) The commission shall make all adjudications imposing |
17 | discipline, other than a private reprimand, available to the |
18 | public. |
19 | Section 16. Reinstatement.--(a) [Any professional] An |
20 | educator whose certificate [has] or employment eligibility has |
21 | been suspended, revoked or surrendered may apply to the |
22 | commission for an order lifting the suspension or reinstating |
23 | the certificate. The commission shall order the lifting of the |
24 | suspension or reinstatement if the commission determines it |
25 | would be just and proper. The commission shall seek and consider |
26 | recommendations from the department prior to ordering the |
27 | lifting of the suspension or reinstatement of the certificate |
28 | and employment eligibility and shall conduct hearings on the |
29 | application at the request of the [professional] educator in |
30 | accordance with procedures [of this act] established by the |
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1 | commission in accordance with this act. The commission may also |
2 | seek and consider recommendations from the school entity or |
3 | entities in which the educator was employed. For purposes of |
4 | determining whether it is just and proper to lift a suspension |
5 | or reinstate a certificate, the commission may consider: |
6 | (1) The conduct which resulted in discipline. |
7 | (2) Other past conduct of the applicant. |
8 | (3) The applicant's current attitude toward past conduct. |
9 | (4) Rehabilitation efforts and activities. |
10 | (4.1) Evidence of compliance with any conditions imposed as |
11 | part of the discipline. |
12 | (5) References and letters of support [or] of or in |
13 | opposition to reinstatement. |
14 | (b) The commission shall not lift the suspension or |
15 | reinstate the certificate [of a professional] or employment |
16 | eligibility of an educator if the suspension or revocation |
17 | resulted from any of the following: |
18 | (1) A finding of guilt by the commission for sexual abuse or |
19 | exploitation. |
20 | (2) Surrender of a certificate [in lieu of discipline] or |
21 | employment eligibility for conduct relating to sexual abuse or |
22 | exploitation. |
23 | (c) The commission shall not lift the suspension or |
24 | reinstate the certificate or employment eligibility of [a |
25 | professional] an educator convicted of an offense under 18 |
26 | Pa.C.S. (relating to crimes and offenses) set forth in section |
27 | 111(e)(1) through (3) of the act of March 10, 1949 (P.L.30, |
28 | No.14), known as the "Public School Code of 1949" for the time |
29 | period set forth in that section. |
30 | Section 9. Section 17 of the act, amended December 20, 2000 |
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1 | (P.L.918, No.123), is repealed: |
2 | [Section 17. Unauthorized Release of Information.--(a) |
3 | Except as otherwise provided in section 10, a member, staff |
4 | member or employee of the commission, the Department of |
5 | Education, or any local school entity who releases or gives out |
6 | information received at a commission meeting or hearing or |
7 | through any disciplinary proceedings conducted pursuant to this |
8 | act, without authorization of the commission, is guilty of a |
9 | misdemeanor of the third degree. |
10 | (b) Any material witness or his or her representative who |
11 | releases or gives out information received at a commission |
12 | meeting or hearing involving disciplinary proceedings, or who |
13 | releases or gives out information obtained as a result of direct |
14 | involvement in the investigation of a professional educator or |
15 | in any disciplinary proceedings conducted pursuant to this act, |
16 | without authorization of the commission, is guilty of a |
17 | misdemeanor of the third degree unless this information was |
18 | known to the material witness or his or her representative prior |
19 | to that meeting, hearing or investigation.] |
20 | Section 10. Section 17.1 of the act, added December 20, 2000 |
21 | (P.L.918, No.123), is amended to read: |
22 | Section 17.1. Immunity From Liability.--(a) Notwithstanding |
23 | any other provision of law, no person shall be subject to civil |
24 | liability for filing a complaint or for providing information to |
25 | or cooperating with the department or the commission in the |
26 | course of an investigation or proceeding conducted under this |
27 | act. This section shall not apply to malicious action by any |
28 | person or the provision of false information if the person knew |
29 | or had reason to know that the information was false. |
30 | (b) A school entity which provides information about the |
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1 | professional conduct of a former or current employe to a |
2 | prospective employer of that employe is immune from civil |
3 | liability for the disclosure of the information. |
4 | (c) This section shall not apply to malicious action by any |
5 | person or school entity or the provision of false information if |
6 | the person or school entity knew, or had reason to know, that |
7 | the information was false. |
8 | Section 11. The act is amended by adding a section to read: |
9 | Section 17.2. Confidentiality.--(a) All information |
10 | relating to any complaints or any proceedings relating to or |
11 | resulting from such complaints, including the identity of the |
12 | complainant, shall remain confidential, unless or until |
13 | discipline is imposed, other than a private reprimand or a |
14 | supplemental sanction deemed private by the commission, any |
15 | provision of law to the contrary notwithstanding unless |
16 | otherwise specified in this act. All records pertaining to |
17 | proceedings resulting in public discipline, excluding those |
18 | records that are privileged or otherwise protected from release, |
19 | shall become public after the exhaustion of all appeals except |
20 | where the commission has determined that immediate discipline is |
21 | necessary. Records pertaining to immediate discipline |
22 | proceedings are public at the time that the immediate discipline |
23 | is imposed. |
24 | (b) Any person who releases or gives out information |
25 | received at a commission meeting or hearing or through any |
26 | disciplinary proceedings, including investigations conducted |
27 | pursuant to this act, without authorization of the commission |
28 | commits a misdemeanor of the third degree. |
29 | (c) This section shall not prohibit any person from |
30 | disclosing information previously made public as a result of |
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1 | action by a school entity to dismiss an employe for cause or as |
2 | a result of an employe's having been formally indicted for or |
3 | convicted of a crime or from disclosing information that was |
4 | known prior to the disciplinary proceeding. |
5 | (d) The provisions of this section shall not apply to |
6 | information relating to reinstatements or to proceedings under |
7 | section 9.2 or 9.5. |
8 | (e) The commission may order the release of confidential |
9 | information upon petition of any interested party when it is |
10 | just and proper. Petitions for release of information deemed |
11 | confidential under this section shall be filed with the |
12 | commission in accordance with procedures established by the |
13 | commission. |
14 | (f) Nothing in this section shall be construed to: |
15 | (1) Deny an educator access to information necessary to |
16 | prepare a defense in a disciplinary proceeding under this act. |
17 | (2) Prevent the department or a school entity from |
18 | investigating allegations of misconduct. Individuals contacted |
19 | in the course of the department's investigation and prosecution |
20 | are subject to the confidentiality proscriptions set forth in |
21 | this section. |
22 | (3) Prevent the department or a school entity from providing |
23 | information to, or consulting with, a law enforcement, child |
24 | protective services or licensing agency of the Commonwealth or |
25 | other state or jurisdiction. |
26 | Section 12. Section 18 of the act, amended December 20, 2000 |
27 | (P.L.918, No.123), is amended to read: |
28 | Section 18. Commission Proceedings and Procedures.--(a) The |
29 | commission shall conduct its disciplinary proceedings in |
30 | accordance with the provisions of this act and Title 2 of the |
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1 | Pennsylvania Consolidated Statutes (relating to administrative |
2 | law and procedure), unless otherwise specified in this act; if |
3 | any inconsistency arises, the provisions of this act shall be |
4 | controlling. [Any] In all disciplinary proceedings conducted by |
5 | or on behalf of the commission, the educator is entitled to |
6 | represent himself or be represented by legal counsel. In all |
7 | public hearings conducted by the commission, a person is |
8 | entitled to be heard by the commission in person, in writing, |
9 | through counsel or through his or her designated |
10 | representative[,] in accordance with procedures adopted pursuant |
11 | to this act. The commission shall enter as a matter of record |
12 | the minutes of each meeting, every vote taken by the commission |
13 | and every official act of the commission. |
14 | [(b) In all investigations or disciplinary proceedings, the |
15 | commission is authorized to issue subpoenas as provided for by |
16 | law to compel the attendance and testimony of witnesses and the |
17 | production of books, records, documents and other evidentiary |
18 | material. A professional educator shall have five days from |
19 | service to respond to a subpoena.] |
20 | (c) No commissioner shall vote in any case where: |
21 | (1) the [professional] educator who is the subject of the |
22 | proceeding is employed by the same school entity[; or] as the |
23 | commissioner; |
24 | (2) the [professional] educator who is the subject of the |
25 | proceeding is a member of a Statewide [professional] educator |
26 | organization of which the commissioner is an officer, director |
27 | or employe[.]; |
28 | (3) the commissioner has filed a misconduct complaint as |
29 | permitted under this act against the educator; or |
30 | (4) the commissioner has any personal and independent |
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1 | knowledge of the educator or issues in the case that would |
2 | compromise the commissioner's ability to make an impartial |
3 | decision. |
4 | Section 13. The act is amended by adding sections to read: |
5 | Section 18.2. Subpoenas.--(a) The commission or its legal |
6 | counsel, as its designee, shall have the power: |
7 | (1) To issue investigatory subpoenas upon petition by the |
8 | department for purposes of reviewing a complaint and |
9 | investigating alleged educator misconduct under this act. |
10 | (2) To issue subpoenas upon petition by the parties after |
11 | the filing of charges as provided for under the provisions of |
12 | this act and 2 Pa.C.S. (relating to administrative law and |
13 | procedure) to compel the attendance and testimony of witnesses |
14 | and the production of books, records, documents and other |
15 | evidentiary material. |
16 | (b) A subpoena issued under this act shall clearly indicate |
17 | on its face that the subpoena is issued in connection with a |
18 | confidential proceeding and a breach of confidentiality by the |
19 | persons or entity subpoenaed may result in a civil penalty or |
20 | misdemeanor. |
21 | Section 18.3. Disposition of Fees and Fines Collected.--All |
22 | fees, fines and civil penalties shall be paid into the State |
23 | Treasury through the department and credited to a restricted |
24 | revenue account in the General Fund, which is hereby |
25 | established. Funds in the account may be utilized to the extent |
26 | of expenditures incurred by the department and the commission in |
27 | the implementation of their respective duties under this act. |
28 | Section 14. This act shall take effect in 60 days. |
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