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| PRIOR PRINTER'S NO. 2055 | PRINTER'S NO. 2139 |
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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, BROWNE AND MENSCH, MARCH 28, 2012 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MAY 1, 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 | educational operations of a school building, a school program or | <-- |
5 | a school 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 as defined in 22 Pa. Code § 49.2 (relating | <-- |
13 | to inactivity and invalidity). |
14 | "Charter or cyber charter school" shall mean a school |
15 | established pursuant to Article XVII-A of the act of March 10, |
16 | 1949 (P.L.30, No.14), known as the "Public School Code of 1949." |
17 | "Charter or cyber charter school staff member" shall mean an |
18 | individual employed by a charter or cyber charter school in a |
19 | position for which [State] certification would be required in a |
20 | public school other than a charter or cyber charter school but |
21 | who is not required to hold [State] certification under section |
22 | 1724-A of the act of March 10, 1949 (P.L.30, No.14), known as |
23 | the "Public School Code of 1949." The term includes an |
24 | individual who is an administrator, including the chief | <-- |
25 | administrator or the individual with primary responsibility for |
26 | the administration of the charter or cyber charter school. |
27 | "Chief school administrator" shall mean the superintendent or |
28 | chief executive officer of a school district, the executive |
29 | director of an intermediate unit, the director of an area |
30 | vocational-technical school, the chief administrator of a |
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1 | charter or cyber charter school, the director of a private |
2 | academic school or the chief administrator of any other entity | <-- |
3 | contracted to provide direct educational services to students |
4 | enrolled in a school district, intermediate unit, area |
5 | vocational-technical school, private academic school or charter |
6 | or cyber charter school a contracted educational provider. | <-- |
7 | "Child" shall mean an individual who is less than 18 years of | <-- |
8 | age. |
9 | "Commission" shall mean the Professional Standards and |
10 | Practices Commission. |
11 | "Contracted educational provider" shall mean a person who: | <-- |
12 | (1) serves in a position for which certification would be |
13 | required in a public school but who is exempted under the act of |
14 | March 10, 1949 (P.L.30, No.14), known as the "Public School Code |
15 | of 1949"; and |
16 | (2) is employed by an entity with which a school entity has |
17 | contracted to provide direct educational services to its |
18 | students or is an individual who directly contracts with a |
19 | school entity to provide educational services to its students an | <-- |
20 | entity with which a school entity has contracted to provide |
21 | direct educational services to its students. |
22 | "Contracted educational provider staff member" shall mean a |
23 | person who: |
24 | (1) serves in a position for which certification would be |
25 | required in a public school; and |
26 | (2) is employed by a contracted educational provider. |
27 | The term includes an individual who is an administrator, |
28 | including the chief administrator or the individual with primary |
29 | responsibility for the administration of a contracted |
30 | educational provider. |
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1 | "Department" shall mean the Department of Education of the |
2 | Commonwealth. |
3 | "Discipline" shall mean [any one of the following actions] |
4 | any of the following: |
5 | (1) [Issue a private] Private reprimand. |
6 | (2) [Issue a public] Public reprimand. |
7 | (3) [Direct the department to suspend the certificate of a |
8 | professional educator] Suspension. |
9 | (4) [Direct the department to revoke the certificate of a |
10 | professional educator] Revocation. |
11 | [(5) For a charter school staff member, the term shall |
12 | include an order suspending the person's eligibility to be |
13 | employed by a charter school or prohibiting the person from |
14 | being employed by a charter school. |
15 | (6) Accept a professional certificate surrendered in lieu of |
16 | discipline.] |
17 | (5) Surrender. |
18 | (6) Supplemental sanctions. | <-- |
19 | [The commission may require a professional educator to meet |
20 | certain conditions or take corrective action in conjunction with |
21 | any discipline.] |
22 | "Educational specialist" shall mean a person who holds an |
23 | educational specialist certificate issued by the Commonwealth, |
24 | including, but not limited to, a certificate [endorsed] in the |
25 | area of elementary school counselor, secondary school counselor, |
26 | social restoration, school nurse, home and school visitor, |
27 | school psychologist, dental hygienist, instructional technology |
28 | specialist or nutrition service specialist. |
29 | "Educator" shall mean a person who holds a certificate, who |
30 | is a charter or cyber charter school staff member or who is a |
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1 | contracted educational provider staff member. | <-- |
2 | "Indictment" shall include a bill of indictment, police |
3 | criminal complaint, criminal information or other similar |
4 | document. |
5 | "Private academic school" shall mean a school that is |
6 | licensed to operate under the act of January 28, 1988 (P.L.24, |
7 | No.11), known as the "Private Academic Schools Act." |
8 | ["Professional educator" shall mean a person who is |
9 | certificated as a teacher, educational specialist or an |
10 | administrator in the Commonwealth.] |
11 | "Revocation" shall mean the termination of a certificate or | <-- |
12 | eligibility to be employed in a charter or cyber charter school |
13 | or any other entity contracted to provide educational services |
14 | to students enrolled in a school district, intermediate unit, |
15 | area vocational-technical school, private academic school or |
16 | charter or cyber charter school, the termination of the | <-- |
17 | eligibility to be employed as a charter or cyber charter school |
18 | staff member or the termination of the eligibility to be |
19 | employed as a contracted educational provider staff member. |
20 | "School entity" shall mean a school district, intermediate |
21 | unit [or], area vocational-technical school, charter [school, |
22 | Scotland School for Veterans' Children, Scranton State School |
23 | for the Deaf and Thaddeus Stevens College of Technology] or |
24 | cyber charter school, private academic school or any other | <-- |
25 | entity contracted to provide educational services to students |
26 | enrolled in a school district, intermediate unit, area |
27 | vocational-technical school, private academic school or charter |
28 | or cyber charter school contracted educational provider. | <-- |
29 | "Secretary" shall mean the Secretary of Education of the |
30 | Commonwealth. |
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1 | "Sexual abuse or exploitation" shall [mean the employment, |
2 | use, persuasion, inducement, enticement or coercion of a child |
3 | or student to engage in or assist any other person to engage in |
4 | any sexually explicit conduct or a simulation of any sexually |
5 | explicit conduct for the purpose of producing a visual |
6 | depiction, including photographing, videotaping, computer |
7 | depicting or filming, of any sexually explicit conduct or |
8 | conduct that constitutes an offense under 18 Pa.C.S. Ch. 31 |
9 | (relating to sexual offenses) or section 6312 (relating to |
10 | sexual abuse of children) or other forms of sexual exploitation |
11 | of children or students.] have the meaning given to the term by |
12 | 23 Pa.C.S. Ch. 63 (relating to child protective services). |
13 | "Sexual misconduct" shall mean any act, including, but not |
14 | limited to, any verbal, nonverbal, written or electronic |
15 | communication or physical activity, directed toward or with a |
16 | child or a student regardless of the age of the child or student |
17 | that is designed to establish a romantic or sexual relationship |
18 | with the child or student. Such prohibited acts include, but are |
19 | not limited to, the following: |
20 | (1) sexual or romantic invitations; |
21 | (2) dating or soliciting dates; |
22 | (3) engaging in sexualized or romantic dialogue; |
23 | (4) making sexually suggestive comments; |
24 | (5) self-disclosure or physical exposure of a sexual, |
25 | romantic or erotic nature; or |
26 | (6) any sexual, indecent, romantic or erotic contact with |
27 | the child or student. |
28 | The consent of a child or a student to engage in sexual | <-- |
29 | misconduct may not be a defense or a mitigating factor in any |
30 | discipline proceeding under this act. |
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1 | "State Board" shall mean the State Board of Education. |
2 | "State Board of Private Academic Schools" shall mean the |
3 | departmental administrative board as established by the act of |
4 | January 28, 1988 (P.L.24, No.11), known as the "Private Academic |
5 | Schools Act." |
6 | "Student" shall mean an individual enrolled in a public, | <-- |
7 | nonpublic, nonlicensed, private or charter or cyber charter |
8 | school, intermediate unit or area vocational-technical school or |
9 | in any other entity contracted to provide direct educational |
10 | services to students enrolled in a school district, intermediate |
11 | unit, area vocational-technical school, private academic school |
12 | or charter or cyber charter school: | <-- |
13 | (1) a public school, including an intermediate unit, area |
14 | vocational-technical school and a charter or cyber charter |
15 | school; |
16 | (2) a private school, including a nonpublic, nonlicensed |
17 | school, private academic school and accredited school; or |
18 | (3) a contracted educational provider. |
19 | "Supplemental sanctions" shall mean private or public |
20 | disciplinary sanctions that focus on remediation or restitution, |
21 | including, but not limited to, fees, fines, prescribed |
22 | coursework, evaluations, treatment plans, impaired educator |
23 | programs and other corrective action plans. |
24 | "Surrender" shall mean the termination by consent of a |
25 | certificate or eligibility to be employed by as a charter or | <-- |
26 | cyber charter school or contracted educational provider whenever | <-- |
27 | the certificate or eligibility is surrendered to the department |
28 | after the educator receives notice of allegations of misconduct |
29 | by a school entity, after the educator is dismissed for cause by |
30 | a school entity, after the educator resigns, retires or |
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1 | otherwise separates from employment after the school entity |
2 | receives notice of misconduct, after the educator is removed |
3 | from any employment eligibility lists, including substitute or |
4 | guest teacher lists, after the department receives a report |
5 | concerning the educator under section 9.1, after the department |
6 | receives a complaint concerning the educator under section 9 or |
7 | after the educator is indicted or charged for a crime set forth |
8 | in section 111(e)(1) through (3) of the act of March 10, 1949 |
9 | (P.L.30, No.14), known as the "Public School Code of 1949," a |
10 | crime involving moral turpitude or the attempt, solicitation or |
11 | conspiracy to commit any crime set forth in section 111(e)(1) |
12 | through (3) of the "Public School Code of 1949" or any crime |
13 | involving moral turpitude staff member or as a contracted | <-- |
14 | educational provider staff member whenever the surrender occurs |
15 | at any time after the issuance of the certificate or the |
16 | employment in a charter or cyber charter school or contracted |
17 | educational provider. |
18 | "Suspension" shall mean the temporary termination of a |
19 | certificate or eligibility to be employed in a charter or cyber | <-- |
20 | charter school or any other entity contracted to provide direct |
21 | educational services to students enrolled in a school district, |
22 | intermediate unit, area vocational-technical school, private |
23 | academic school or charter or cyber charter school for a |
24 | specific period of time, for an indefinite period of time or |
25 | until specific conditions are met, the temporary termination of | <-- |
26 | the eligibility to be employed as a charter or cyber charter |
27 | school staff member or the temporary termination of the |
28 | eligibility to be employed as a contracted educational provider |
29 | staff member for a specific period of time, for an indefinite |
30 | period of time or until specific conditions are met. |
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1 | ["Teach" shall mean to engage in the practice of teaching in |
2 | the public schools of the Commonwealth or to provide related |
3 | educational specialist, administrative or supervisory services |
4 | in such schools.] |
5 | "Teacher" shall mean [a] any person who holds a [valid] |
6 | Pennsylvania teaching certificate[.] or who is employed as a |
7 | contracted educational provider staff member or by a charter or | <-- |
8 | cyber charter school in a position for which certification would |
9 | be required in a public school other than a charter or cyber |
10 | charter school, but who is not required to hold certification |
11 | under the act of March 10, 1949 (P.L.30, No.14), known as the |
12 | "Public School Code of 1949." |
13 | Section 2. Section 2 of the act is amended to read: |
14 | Section 2. Certification Requirements.--No Requirements.-- | <-- |
15 | (a) No [person shall teach in a public school] educator shall |
16 | be employed by a school entity in the Commonwealth unless he has |
17 | met the certification requirements which are applicable to the |
18 | institution in which he is employed as established by the State |
19 | Board [of Education which are applicable to the institution |
20 | where he is employed], the State Board of Private Academic |
21 | Schools or the department. An educator whose certificate or | <-- |
22 | eligibility to be employed as a contracted educational provider |
23 | or by a charter or cyber charter school has been revoked, |
24 | suspended or surrendered is not eligible for employment in a |
25 | school entity or eligible for any certificate until the |
26 | certificate or eligibility is reinstated in accordance with this |
27 | act. |
28 | (b) An educator whose eligibility to be employed as a | <-- |
29 | charter or cyber charter school staff member or as a contracted |
30 | educational provider staff member has been revoked, suspended or |
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1 | surrendered is not eligible for employment in a school entity or |
2 | eligible for any certificate until eligibility is reinstated in |
3 | accordance with this act. |
4 | Section 3. Sections 3, 4, 5 and 6 of the act, amended |
5 | December 20, 2000 (P.L.918, No.123), are amended to read: |
6 | Section 3. Professional Standards and Practices |
7 | Commission.--(a) There is hereby created a Professional |
8 | Standards and Practices Commission consisting of thirteen |
9 | members appointed by the Governor with the advice and consent of |
10 | a majority of the members elected to the Senate. |
11 | (b) The term of office of members of the commission shall be |
12 | three years [except that:], with members serving fixed and |
13 | staggered terms so that in the first two of every three years, |
14 | the terms of four members expire, and in the third of every |
15 | three years, the terms of five members expire. |
16 | [(1) the terms of office of four members appointed in the |
17 | calendar year 2000 shall expire on the third Tuesday of January |
18 | 2001; |
19 | (2) the terms of office of four members appointed in the |
20 | calendar year 2000 shall expire on the third Tuesday of January |
21 | 2002; and |
22 | (3) the terms of office of five members appointed in the |
23 | calendar year 2000 shall expire on the third Tuesday of January |
24 | 2003.] |
25 | (c) Vacancies shall be filled for an unexpired term in the |
26 | same manner as original appointments. No person shall serve for |
27 | more than two consecutive terms as a member of the commission; |
28 | however, members may continue to serve after the expiration of |
29 | their term until a replacement appointed by the Governor is |
30 | confirmed. The Governor may remove any member from the |
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1 | commission for misconduct or malfeasance in office, incapacity, |
2 | or neglect of duty. All members of the commission shall be |
3 | residents of the Commonwealth of Pennsylvania. |
4 | Section 4. Membership and Qualifications.--(a) The |
5 | membership of the Professional Standards and Practices |
6 | Commission shall consist of: |
7 | (1) [Seven classroom teachers, including one educational |
8 | specialist, broadly representative of the teaching profession |
9 | from public schools] Six classroom teachers broadly |
10 | representative of the education profession, with not more than |
11 | one from a school entity other than a public school. |
12 | (2) Three administrators from [public schools] a school |
13 | entity, at least one of whom shall be a commissioned officer and |
14 | one a principal, with not more than one from a school entity |
15 | other than a public school. |
16 | (3) One administrator from an approved institution of higher |
17 | learning in the Commonwealth offering approved teacher education |
18 | programs. |
19 | (4) Two members from the general public, at least one of |
20 | whom shall be an elected public school director. |
21 | (5) One educational specialist. |
22 | (b) Except for the representatives of the general public, |
23 | the Governor in making appointments shall consider |
24 | recommendations from panels of nominees submitted by Statewide |
25 | educational organizations [of professional educators] which |
26 | certify that the panels include only representatives of the |
27 | category of professional personnel for which the panel or panels |
28 | of nominees are submitted. However, the Governor shall not be |
29 | limited to nominating members of Statewide organizations for |
30 | appointments to the commission. |
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1 | (c) All members of the commission except the persons |
2 | representing the general public shall have been actively engaged |
3 | in teaching or providing related educational, administrative or |
4 | supervisory services in a [public school] school entity or |
5 | approved institution of higher education with approved teacher |
6 | education programs for at least five of the eight years |
7 | immediately preceding their appointment. A person appointed to |
8 | the commission who leaves the Commonwealth to become domiciled |
9 | in another state shall have his position on the commission |
10 | deemed vacated. A person whose status changes to a category |
11 | different from that for which that person was appointed may |
12 | continue to serve on the commission for the remainder of that |
13 | person's appointment or until replaced. |
14 | (d) The chairman of the State Board [of Education], or a |
15 | member of the [board] State Board designated by the chairman, |
16 | shall be an ex officio member of the commission without voting |
17 | privileges. |
18 | (e) The members of the commission, employes of the |
19 | commission and agents of the commission shall in all of their |
20 | deliberations consider the public interest, including ensuring |
21 | the health, safety and welfare of students or other individuals |
22 | in school entities. |
23 | Section 5. Power and Duties.--(a) The Professional |
24 | Standards and Practices Commission shall have the power and its |
25 | duty shall be: |
26 | (1) To recommend to the State Board [of Education] rules and |
27 | regulations defining positions for which certification should be |
28 | required and criteria to determine qualifications, consistent |
29 | with this act, necessary to hold such a certificate. |
30 | (2) To recommend to the State Board [of Education] rules and |
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1 | regulations providing for making a certificate permanent upon |
2 | evidence of such teaching experience and additional preparation |
3 | as may by rule be required. |
4 | (3) To recommend to the State Board [of Education] rules and |
5 | regulations providing for [the Department of Education] the |
6 | department's investigation and determination of the |
7 | acceptability of programs of professional education in colleges |
8 | and universities of this Commonwealth issuing degrees to persons |
9 | who may desire to teach in the schools of this Commonwealth. The |
10 | commission may recommend as its own, with or without |
11 | modification, standards used by other organizations engaged in |
12 | the evaluation of teacher preparation programs. In |
13 | [establishing] recommending standards pursuant to this clause, |
14 | the commission shall consider, among other factors, the |
15 | following: |
16 | (i) Ongoing research and developing theories in education. |
17 | (ii) The knowledge and skills necessary to effectively |
18 | perform professional education functions. |
19 | (iii) The liberal arts and general education requirements |
20 | that are the foundation of a teacher preparation program. |
21 | (iv) The value of student [teacher] teaching, laboratory |
22 | work and other professional experience as preparation for |
23 | certification. |
24 | (v) The cultural and demographic diversity of relevant |
25 | student populations. |
26 | (vi) Other interests of the public. |
27 | The commission shall assess the effectiveness of educator |
28 | preparation programs and recommend changes to the State Board |
29 | [of Education] as indicated by such evaluations. |
30 | (4) To recommend to the State Board [of Education] changes |
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1 | in teacher education programs based on commission conducted |
2 | assessments of these programs. |
3 | (5) To recommend to the State Board [of Education] rules and |
4 | regulations providing for acceptance or approval of certificates |
5 | to teach issued by other states, countries and bodies. |
6 | (6) To recommend to the State Board [of Education] rules and |
7 | regulations providing for the department to enter into |
8 | agreements with agencies of other states for reciprocal approval |
9 | of teacher preparation programs. |
10 | (7) To recommend to the State Board [of Education] rules and |
11 | regulations governing examinations for the initial certification |
12 | of teachers. |
13 | (8) To cooperate with a national board for professional |
14 | education certification recognized by the commission to such |
15 | degree as, in the commission's judgment, shall bring advantage |
16 | to the Commonwealth. |
17 | (9) To establish procedures for [conducting hearings |
18 | pursuant to section 13 and for hearings regarding reinstatement |
19 | of certificates] the commission's adjudication of educator |
20 | misconduct and applications for reinstatement and for conducting |
21 | public hearings, including the imposition of fines and fees. |
22 | (9.1) To adopt requirements regarding the submission of |
23 | reports by the department on the processing of complaints in |
24 | order to ensure the timely and effective resolution of |
25 | complaints. |
26 | (10) To adopt and maintain a code for professional practice |
27 | and conduct that shall be applicable to any educator as defined |
28 | in this act, pursuant to the act of July 31, 1968 (P.L.769, |
29 | No.240), referred to as the Commonwealth Documents Law. Nothing |
30 | in the code for professional practice and conduct shall be an |
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1 | independent basis for [the suspension or revocation of a |
2 | certificate] discipline other than a public or private |
3 | reprimand, nor shall it pertain to questions of membership or |
4 | affiliation or nonaffiliation in an employe organization, or |
5 | participation in the actions of an employe organization, or |
6 | participation or nonparticipation in the actions of an employe |
7 | organization related to the negotiation of a collective |
8 | bargaining agreement, a strike or other work stoppage as defined |
9 | under the act of July 23, 1970 (P.L.563, No.195), known as the |
10 | "Public Employe Relations [Act," provided that the code may |
11 | specify those sections the violation of which may constitute a |
12 | basis for reprimand.] Act." |
13 | [(11) To discipline any professional educator or charter |
14 | school staff member found guilty upon hearings before the |
15 | commission of immorality, incompetency, intemperance, cruelty or |
16 | negligence or for violation of any provision of the act of May |
17 | 29, 1931 (P.L.210, No.126), entitled, as amended, "An act to |
18 | regulate the certification and the registration of persons |
19 | qualified to teach in accredited elementary and secondary |
20 | schools in this State; imposing certain duties upon the |
21 | Department of Public Instruction and the State Board of |
22 | Education; defining violations; providing penalties, and for |
23 | appeal to the court of common pleas of Dauphin County." The |
24 | commission shall establish definitions consistent with this |
25 | clause.] |
26 | (11.1) To direct the department to [suspend or revoke the |
27 | certificate of a professional educator or charter school staff |
28 | member] discipline any educator in accordance with section 9.2, |
29 | 9.3, 9.4 or 9.5. |
30 | (11.2) To impose supplemental sanctions or other conditions, | <-- |
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1 | corrective action, fines or fees for violations of this act or |
2 | for reinstatement, including requiring an educator, at the |
3 | educator's own expense, to submit to the evaluation or care, |
4 | counseling or treatment of a physician, psychologist, therapist |
5 | or psychiatrist as designated by the commission or enter an |
6 | impaired educator program or similar program approved by the |
7 | commission. |
8 | (11.3) To issue subpoenas in accordance with procedures set |
9 | forth in this act. |
10 | (12) To establish procedures which assure that actions |
11 | concerning discipline and reinstatement of [professional] |
12 | educators shall comply with due process requirements. | <-- |
13 | (12.1) To establish and participate in alternative dispute |
14 | resolution programs to allow for flexibility, early resolution |
15 | and cooperation in resolving charges filed under section 13. |
16 | (12.2) To develop outreach programs, professional |
17 | development and courses designed to improve the quality of |
18 | practice and ethical conduct in the teaching profession. |
19 | (13) To keep minutes of its meetings and report annually to |
20 | the Governor, the General Assembly, the State Board [of |
21 | Education], the education profession and the public and to |
22 | publish, from time to time, such other reports as it deems |
23 | appropriate. |
24 | (14) To adopt, pursuant to the act of July 31, 1968 |
25 | (P.L.769, No.240), referred to as the Commonwealth Documents |
26 | Law, operating and procedural rules and regulations necessary to |
27 | carry out the purposes of this act. The commission shall hold |
28 | public hearings and take testimony concerning proposed |
29 | recommendations which shall be presented to the State Board [of |
30 | Education]. |
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1 | (a.1) Nothing in this act shall be construed to prevent |
2 | organizations of the education profession from adopting measures |
3 | designed to improve the standards and practices of ethics and |
4 | academic freedom among their members and in their relationships |
5 | with other persons and groups. |
6 | (b) All teachers' certificates in force in this Commonwealth |
7 | on [the effective date of this amendatory act] February 17, |
8 | 2001, shall continue in full force and effect, subject to all |
9 | the terms and conditions under which they were issued, until |
10 | they expire by virtue of their own limitations, unless they are |
11 | sooner annulled for the reasons and in the manner provided by |
12 | law. |
13 | (c) Recommendations as outlined in subsection (a) shall be |
14 | presented publicly at a scheduled State Board [of Education] |
15 | meeting. This presentation shall be prior to any board action on |
16 | regulations, standards or guidelines affecting teacher |
17 | certification, professional practices, accreditation of teacher |
18 | education programs and long range plans. |
19 | Section 6. Organization and Meetings of the Commission.--(a) |
20 | The Governor shall annually select a chairman from among the |
21 | membership of the commission. The chairman, or a commission |
22 | member designated by the chairman, shall be an ex officio member |
23 | of the State Board [of Education] without voting privileges or |
24 | assignment to either council. |
25 | (b) Meetings shall be held at least five times per year at |
26 | the call of the chairman or upon request in writing of a |
27 | majority of the commission. A majority shall constitute a quorum |
28 | and a majority of such quorum shall have authority to act upon |
29 | any matter properly before the commission unless otherwise |
30 | specified in this act. [In the case of the discipline of an |
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1 | administrator, the commission shall act by a majority vote of a |
2 | special panel of at least nine members selected by the chairman, |
3 | to include no more than three teachers. The first meeting of the |
4 | commission shall be held within six months of the effective date |
5 | of this act.] Meetings of the commission shall be open to the |
6 | public and the executive director of the commission shall be |
7 | responsible for seeing that notices of meetings of the |
8 | commission are properly circulated. |
9 | Section 4. Sections 7 and 8 of the act, amended December 14, |
10 | 1989 (P.L.612, No.71), are amended to read: |
11 | Section 7. Expenses.--Members of the commission shall |
12 | receive no compensation for their services, but shall be |
13 | reimbursed for their actual and necessary expenses incurred in |
14 | the performance of official commission business. A member of the |
15 | commission, who is an employe of an agency of the Commonwealth, |
16 | or any of its political subdivisions [including school |
17 | districts], or of a school entity, shall be permitted to attend |
18 | commission meetings and perform other commission duties without |
19 | loss of income or other benefits. A State agency or any |
20 | political subdivision of this Commonwealth, including a school |
21 | entity, required to employ a substitute for a member of the |
22 | commission who is absent from his employment while performing |
23 | commission business shall be reimbursed by the [Department of |
24 | Education] department from funds appropriated for the general |
25 | government operations of the [Department of Education] |
26 | department for the actual amount of any costs incurred upon |
27 | presentation of a request for reimbursement and documentation of |
28 | such cost. A member of the commission who is employed by a |
29 | private employer shall be reimbursed by the [Department of |
30 | Education] department, from funds appropriated for the general |
|
1 | government operations of the [Department of Education] |
2 | department, for any income lost, pursuant to guidelines |
3 | established by the commission, as a result of attendance at |
4 | commission meetings or performance of other official commission |
5 | duties upon presentation of a request for reimbursement and |
6 | documentation of such loss. |
7 | Section 8. Commission Staff.--(a) There shall be an |
8 | executive director of the commission who shall serve as the |
9 | executive officer and secretary of the commission. The |
10 | commission and the secretary shall jointly employ and fix the |
11 | compensation of the executive director. The executive director, |
12 | with approval of the commission and the secretary, may employ |
13 | additional professional and clerical personnel as may be |
14 | necessary to carry out the duties and responsibilities of the |
15 | commission. The [Department of Education] department shall |
16 | provide adequate space and equipment to facilitate the |
17 | activities of the commission. |
18 | (b) The Governor, through his General Counsel, shall provide |
19 | such legal advice and assistance as the commission may require. |
20 | Section 5. Sections 9, 9.1 and 9.2 of the act, amended or |
21 | added December 20, 2000 (P.L.918, No.123), are amended to read: |
22 | Section 9. Complaints and Department Investigations.--(a) |
23 | [A proceeding to discipline a professional educator shall be |
24 | initiated by the filing of a complaint with the department by |
25 | any interested party within one year from the date of the |
26 | occurrence of any alleged action specified under section |
27 | 5(a)(11), or from the date of its discovery. Complaints |
28 | involving sexual abuse or exploitation of a child or a student |
29 | may be filed beyond the date of the alleged occurrence or date |
30 | of its discovery up until five years after the child or student |
|
1 | reaches 18 years of age. If the alleged action is of a |
2 | continuing nature, the date of its occurrence is the last date |
3 | on which the conduct occurred.] The filing of a written educator |
4 | misconduct complaint with the department will initiate the |
5 | department's review and investigation of an educator. |
6 | (b) For purposes of this act, the department may file an |
7 | educator misconduct complaint. |
8 | (c) The department may by regulation prescribe standards for |
9 | the filing of complaints. The complaint shall, at a minimum: |
10 | (1) be in a written form prescribed by the department; |
11 | (2) specify the nature and character of the [charges] |
12 | allegations of misconduct; and |
13 | (3) be verified [under oath by the complaining party] by the |
14 | complainant or a duly authorized agent of the [complaining |
15 | party] complainant and made subject to the penalties of 18 |
16 | Pa.C.S. § 4904 (relating to unsworn falsification to |
17 | authorities). |
18 | (d) The commission[, and its individual members,] may not |
19 | file a complaint [or initiate a disciplinary proceeding on their |
20 | own motion, except that if,]. If an individual commissioner in |
21 | his or her personal capacity or in the performance of | <-- |
22 | [commission business, the commission, or any of its individual |
23 | members,] his or her professional responsibilities as an employe |
24 | of a school entity uncovers evidence of educator misconduct that |
25 | would appear to [require discipline, the commission may transmit |
26 | such evidence to the department where such evidence will be |
27 | treated as] warrant discipline under this act, the individual |
28 | commissioner may file a complaint in accordance with the |
29 | provisions of this act. |
30 | [(f)] (e) Upon receipt of a complaint, the department shall |
|
1 | promptly review it and all other complaints and information |
2 | relating to the [professional] educator. |
3 | (1) If the facts alleged are not legally sufficient to |
4 | warrant discipline under this act, the department shall dismiss |
5 | the complaint and provide written notice of such dismissal to |
6 | the [complaining party and to the affected professional] |
7 | complainant and to the educator. |
8 | (2) If the facts alleged are deemed legally sufficient to |
9 | warrant discipline[, the department shall notify the affected |
10 | professional educator and the complaining party in writing of |
11 | the sufficiency of the complaint and] under this act, the |
12 | department shall provide written notice of the legal sufficiency |
13 | of the complaint to the educator, the current and former school |
14 | entity in which the educator is or was employed and the |
15 | complainant. |
16 | (2.1) If the facts alleged are deemed legally sufficient to |
17 | warrant discipline, the department may conduct a preliminary |
18 | investigation to determine whether there is probable cause to |
19 | believe that grounds for discipline exist. The department shall |
20 | be provided, upon request to the complainant, the educator and |
21 | the current and former school entity in which the educator is or |
22 | was employed, any [documents] relevant information and |
23 | documentary and physical evidence it may reasonably require in |
24 | pursuit of its preliminary investigation. [Such request shall be |
25 | made in writing to the professional educator or the current or |
26 | prior employer.] |
27 | (3) If the department determines that probable cause does |
28 | not exist, [it shall issue a written notice to the affected |
29 | professional educator, the complaining party and the current or |
30 | prior employer if the employer was notified of the complaint. If |
|
1 | a finding of probable cause is made, the department shall so |
2 | notify the affected professional educator and the complaining |
3 | party and may immediately conduct an investigation pursuant to |
4 | section 12 or transmit its preliminary findings to the local |
5 | school governing board of the school entity in which the |
6 | affected professional educator is or was last serving, to allow |
7 | the local school board to investigate and comment upon the |
8 | appropriateness of professional discipline.] the department |
9 | shall dismiss the complaint and provide a written notice of such |
10 | dismissal to the educator, the complainant and the current and |
11 | former school entity in which the educator is or was employed. |
12 | (4) If the department determines that probable cause exists, |
13 | the department shall provide written notice to the educator, the |
14 | complainant and the current and former school entity in which |
15 | the educator is or was employed and may immediately conduct an |
16 | investigation, which may include directing the school entity to |
17 | investigate and comment upon the appropriateness of professional |
18 | discipline in accordance with section 11. |
19 | (f) In conducting its investigations under this act, the |
20 | department may investigate any and all allegations of misconduct |
21 | in the complaint or complaints and any other misconduct |
22 | concerning the educator that is discovered in the course of the |
23 | investigations. |
24 | Section 9.1. [Reporting to Department] Mandatory |
25 | Reporting.--(a) The [superintendent, assistant superintendent, |
26 | executive director of an intermediate unit, chief administrator |
27 | of an area vocational-technical school, administrator of a |
28 | charter school or their designees shall report any] chief school |
29 | administrator or his designee shall file all of the following |
30 | [to] information with the department in writing on a form | <-- |
|
1 | prescribed by the department: |
2 | (1) [The dismissal of a certificated employe] Any educator |
3 | who has been provided with notice of intent to dismiss or remove | <-- |
4 | for cause, notice of nonrenewal for cause, notice of removal | <-- |
5 | from eligibility lists for cause or notice of a determination |
6 | not to reemploy for cause. The report shall be filed within [30] |
7 | 15 days after [an administrative decision by an arbitrator or |
8 | the local board of school directors] notice is provided by a |
9 | school entity. |
10 | (2) [Conduct that has resulted in a criminal indictment or |
11 | conviction for a crime set forth in section 111(e)(1) through |
12 | (3) of the act of March 10, 1949 (P.L.30, No.14), known as the |
13 | "Public School Code of 1949," or other crime that involves moral |
14 | turpitude. The report shall be filed within 30 days of the |
15 | receipt of information and shall include all available |
16 | information relating to the conduct resulting in the charge or |
17 | conviction.] Any educator who has been arrested or indicted for | <-- |
18 | or convicted of any crime that is graded a misdemeanor or |
19 | felony. For purposes of this section, the term conviction shall |
20 | include a plea of guilty or nolo contendere. The report shall be |
21 | filed within 15 days of discovery of the indictment or |
22 | conviction. |
23 | (3) [Information which constitutes reasonable cause to |
24 | believe that a certificated employe has] Any educator against |
25 | whom allegations have been made that the educator has: |
26 | (i) caused physical injury to a child or student [or child] | <-- |
27 | as a result of negligence or malice [or has]; |
28 | (ii) committed sexual abuse or exploitation involving a |
29 | child or student [or child[.]; or | <-- |
30 | (iii) engaged in sexual misconduct with a student or child. |
|
1 | The report shall be filed within [60] 15 days of the [receipt of |
2 | the information.] discovery of the allegations of misconduct. |
3 | (4) Any educator who has resigned, retired or otherwise |
4 | separated from employment after a school entity has received |
5 | notice of alleged misconduct under this act. The report shall be | <-- |
6 | filed within 15 days of the separation from employment, |
7 | notwithstanding any termination agreement to the contrary that |
8 | the school entity may enter into with the educator. |
9 | (5) Any educator who is the subject of a report filed by the | <-- |
10 | school entity under the reporting requirements of 23 Pa.C.S. Ch. |
11 | 63 (relating to child protective services). The report shall be |
12 | filed within 15 days of the filing of the child protective |
13 | services report. |
14 | [(b) The superintendent, assistant superintendent, executive |
15 | director of an intermediate unit, chief administrator of an area |
16 | vocational-technical school and administrator of a charter |
17 | school or their designees shall comply with the provisions of |
18 | subsection (a). Failure to comply shall be deemed a violation of |
19 | subsection (a) by the chief school administrator of that school |
20 | entity and may result in disciplinary action against the chief |
21 | school administrator.] |
22 | (c) An educator who is arrested or indicted for or convicted | <-- |
23 | of any crime graded as a misdemeanor or felony shall report the |
24 | indictment or conviction to the school entity at which the |
25 | educator is currently employed within 72 hours of the indictment |
26 | or conviction. |
27 | (d) An educator who knows of any action, inaction or conduct | <-- |
28 | which constitutes misconduct under this act shall report such |
29 | misconduct to his or her chief school administrator and |
30 | immediate supervisor. If the misconduct involves sexual |
|
1 | misconduct or sexual abuse or exploitation, the educator shall |
2 | file a mandatory report with the department and inform his or |
3 | her chief school administrator and immediate supervisor of the |
4 | filing. |
5 | (d) (e) All reports submitted to the department shall | <-- |
6 | include an inventory of all information and documentary and | <-- |
7 | physical evidence in possession or control of the school entity |
8 | relating to the misconduct resulting in the report and the name | <-- |
9 | and contact information for the current custodian of the items |
10 | listed in the inventory. The school entity shall provide |
11 | promptly to the department any documents or items requested |
12 | after the department reviews the inventory. |
13 | Section 9.2. [Imposition of Discipline.--] Discipline for |
14 | Criminal Offenses.--(a) The commission shall [do all of the |
15 | following regarding suspension or revocation of a professional |
16 | certificate]: |
17 | (1) Direct the department to immediately suspend the |
18 | certificate [of a professional] and employment eligibility of an |
19 | educator indicted for a crime set forth in section 111(e)(1) |
20 | through (3) of the act of March 10, 1949 (P.L.30, No.14), known |
21 | as the "Public School Code of 1949," or the attempt, |
22 | solicitation or conspiracy to commit any crime set forth in that |
23 | section if the commission, after notice and hearing if |
24 | requested, determines that the [professional] educator poses a |
25 | threat to the health, safety or welfare of [a student] students |
26 | or other [individual in a school] persons in the schools of this |
27 | Commonwealth in accordance with the following: |
28 | (i) Within 15 days of [the receipt] service of notice of |
29 | charges issued by the department, the [professional] educator |
30 | may request a hearing before the commission on the question of |
|
1 | whether the certification or employment eligibility should be |
2 | immediately suspended. The commission or a [committee] panel of |
3 | members of the commission shall hold a hearing within 15 days of |
4 | the receipt of the request for hearing. If the educator fails to |
5 | request a hearing, the commission or a panel of members of the |
6 | commission promptly shall convene a meeting to consider the |
7 | request for immediate suspension. The commission or [committee] |
8 | panel shall issue a decision within 20 days after the conclusion |
9 | of the meeting or hearing, including receipt of the transcript |
10 | or filing of any briefs. The [professional] educator may appeal |
11 | the decision of the commission pursuant to section [15] 15(a), |
12 | except that an appeal filed shall not operate as a stay of the |
13 | discipline. |
14 | (ii) The commission may elect not to direct the department |
15 | to suspend the certificate [of a professional] and employment |
16 | eligibility of any educator indicted for a crime under this |
17 | subsection if the [professional] educator files an affidavit |
18 | attesting that during the pendency of the criminal [charge the |
19 | professional] proceeding the educator will not be employed in a |
20 | position that requires [professional] certification or involves |
21 | direct contact with children or students. The commission shall |
22 | not accept an affidavit when the allegations that form the basis |
23 | of the criminal proceeding involve sexual misconduct or sexual |
24 | abuse or exploitation of a student or child child or student. | <-- |
25 | (iii) The commission shall direct the department to |
26 | immediately lift a suspension upon receipt of certified court |
27 | documents establishing that the charges have been dismissed or |
28 | otherwise removed. |
29 | (iv) [The commission may reinstate the certificate of a |
30 | professional] Upon petition by the educator, the commission may |
|
1 | direct the department to reinstate the certificate and |
2 | employment eligibility of an educator suspended under this |
3 | paragraph or release the [professional] educator from an |
4 | affidavit under subparagraph (ii) if the [professional educator |
5 | participates in] educator successfully completes is admitted | <-- |
6 | into an accelerated rehabilitative disposition program as a |
7 | result of the indictment and the commission determines that the |
8 | [professional] educator does not pose a threat to the health, |
9 | safety or welfare of students or other individuals in a school. |
10 | The commission shall conduct an expedited hearing, if requested, |
11 | for an applicant for reinstatement or release under this |
12 | subparagraph. [Notwithstanding the provisions of this | <-- |
13 | subparagraph, an applicant shall not be reinstated if the |
14 | indictment was for an offense under 18 Pa.C.S. Ch. 31 (relating |
15 | to sexual offenses) [where the victim is a minor.] prior to | <-- |
16 | successful completion of the accelerated rehabilitative |
17 | disposition program and dismissal of the criminal charges. |
18 | (2) Direct the department to revoke the certificate [of a |
19 | professional] and employment eligibility of an educator who has |
20 | been convicted of a crime set forth in section 111(e)(1) through |
21 | (3) of the "Public School Code of 1949," [or] a crime involving |
22 | moral turpitude, [or] an equivalent crime in Federal court or a |
23 | court of another state, territory or nation[,] or the attempt, |
24 | solicitation or conspiracy to commit any crime set forth in this |
25 | section upon the filing of a certified copy of the verdict or |
26 | judgment or sentence of the court with the commission. The |
27 | commission shall direct the department to immediately reinstate |
28 | a certificate and employment eligibility upon receipt of |
29 | certified court documents establishing that the conviction was |
30 | reversed [on appeal]. For purposes of this paragraph, the term | <-- |
|
1 | "conviction" shall include a plea of guilty or nolo contendere. |
2 | [(3) Direct the department to discipline a professional |
3 | educator upon receipt of a certified copy of an adjudication |
4 | from the appropriate licensing authority in another state, |
5 | territory or nation imposing discipline for grounds, other than |
6 | a conviction under paragraph (2), that are comparable to grounds |
7 | for discipline under this act. Upon receipt of the adjudication, |
8 | the commission shall issue an order directing that the |
9 | professional educator show cause why the imposition of identical |
10 | or comparable discipline in this Commonwealth would be |
11 | unwarranted. The professional educator shall respond within 30 |
12 | days of receipt of the order. The final adjudication by an |
13 | appropriate licensing authority of another jurisdiction shall be |
14 | conclusive as to the misconduct of a professional educator under |
15 | this act. Within 30 days after the time alloted for the |
16 | professional educator to respond to the order to show cause, the |
17 | commission may impose the identical or comparable discipline |
18 | unless the professional educator demonstrates that: |
19 | (i) the discipline would result in a grave injustice; |
20 | (ii) the discipline is substantially different from what |
21 | would have been imposed for similar conduct in this |
22 | Commonwealth; or |
23 | (iii) the procedure used in the other jurisdiction did not |
24 | provide due process. |
25 | (4) Direct reinstatement of a certificate revoked, suspended |
26 | or surrendered in lieu of discipline in accordance with this |
27 | act.] |
28 | (b) Nothing in this section shall be construed to prevent |
29 | the department from pursuing discipline under this act against |
30 | any educator who has been acquitted, who has participated in an |
|
1 | alternative disposition program or for whom the criminal charges |
2 | were otherwise withdrawn or dismissed. |
3 | Section 6. The act is amended by adding sections to read: |
4 | Section 9.3. Imposition of Discipline on Additional |
5 | Grounds.--(a) The commission shall direct the department to |
6 | impose discipline against any educator for conduct found by the |
7 | commission to constitute: |
8 | (1) Immorality. |
9 | (2) Incompetency. |
10 | (3) Intemperance. |
11 | (4) Cruelty. |
12 | (5) Negligence. |
13 | (6) Sexual misconduct. |
14 | (7) Sexual abuse or exploitation. |
15 | (8) A violation of the code for professional practice and |
16 | conduct adopted pursuant to section 5(a)(10). |
17 | (9) Illegal use of professional title as set forth in the |
18 | act of May 29, 1931 (P.L.210, No.126), entitled "An act to |
19 | regulate the certification and the registration of persons |
20 | qualified to teach in accredited elementary and secondary |
21 | schools in this State; imposing certain duties upon the |
22 | Department of Public Instruction and the State Board of |
23 | Education; defining violations; providing penalties, and for |
24 | appeal to the court of common pleas of Dauphin County." |
25 | (10) Failure to comply with duties under this act, including |
26 | the mandatory reporting duties set forth in section 9(a). |
27 | (11) Failure to file reports under the act of March 10, 1949 |
28 | (P.L.30, No.14), known as the "Public School Code of 1949." |
29 | (12) Actions taken by an educator to threaten, coerce or |
30 | discriminate or otherwise retaliate against an individual who in |
|
1 | good faith reports actual or suspected misconduct under this act |
2 | or against complainants, victims, material witnesses or other | <-- |
3 | individuals participating or cooperating in proceedings under |
4 | this act. |
5 | (b) The commission shall establish definitions consistent |
6 | with this section. |
7 | Section 9.4. Imposition of Discipline on Founded and |
8 | Indicated Reports.--(a) The Notwithstanding any provision of 23 | <-- |
9 | Pa.C.S. Ch. 63 (relating to child protective services), the |
10 | commission shall: |
11 | (1) Direct the department to revoke the certificate and |
12 | employment eligibility of an educator who is named as the |
13 | perpetrator of a founded report of child abuse or named as an |
14 | individual responsible for injury or abuse in a founded report |
15 | for a school employe under 23 Pa.C.S. Ch. 63 (relating to child | <-- |
16 | protective services) upon receipt of a certified copy of the |
17 | founded report. |
18 | (2) Direct the department to discipline an educator who is |
19 | named as the perpetrator of an indicated report of child abuse |
20 | or named as an individual responsible for injury or abuse in an |
21 | indicated report for a school employe under 23 Pa.C.S. Ch. 63. |
22 | Upon receipt of a certified copy of the indicated report after |
23 | final determination by the Department of Public Welfare, the |
24 | department shall issue an order directing that the educator show |
25 | cause why the revocation of the educator's certificate and |
26 | employment eligibility would be unwarranted. The educator shall |
27 | respond within 30 days of service of the order. The indicated |
28 | report shall be conclusive evidence of immorality as defined |
29 | under this act. The commission shall order the revocation of the |
30 | educator's certificate and employment eligibility unless the |
|
1 | educator demonstrates that: |
2 | (i) the revocation would result in a grave injustice; or |
3 | (ii) the procedure used in the administrative procedure |
4 | under 23 Pa.C.S. Ch. 63 did not provide due process. |
5 | (3) Direct the department to immediately reinstate a |
6 | certificate and employment eligibility upon receipt of a |
7 | certified document establishing that a founded or indicated |
8 | report of child abuse or founded or indicated report for a |
9 | school employe was reversed or determined to be unfounded. |
10 | (b) Nothing in this section shall be construed to prevent |
11 | the department from pursuing discipline under this act against |
12 | any educator for whom a founded or indicated report of child |
13 | abuse or founded or indicated report for a school employe was |
14 | reversed or determined to be unfounded. |
15 | (c) For purposes of this section, "final determination" | <-- |
16 | shall mean a final order issued by the Department of Public |
17 | Welfare Bureau of Hearings and Appeals or the Secretary of |
18 | Public Welfare in resolution of any administrative appeal of an |
19 | indicated report or the expiration of the time period in which |
20 | the subject of an indicated report may request an administrative |
21 | appeal. |
22 | Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a |
23 | certified copy of an adjudication from the appropriate licensing |
24 | authority in another state, territory or nation imposing |
25 | discipline for grounds, other than a conviction under section | <-- |
26 | 9.2, that are comparable to the grounds for discipline under |
27 | this act, the department may issue an order directing that the |
28 | educator show cause why the imposition of identical or |
29 | comparable discipline in this Commonwealth would be unwarranted. |
30 | The final adjudication by an appropriate licensing authority of |
|
1 | another jurisdiction shall be conclusive as to the misconduct of |
2 | an educator under this section. The educator shall respond |
3 | within 30 days of service of the order to show cause. The |
4 | commission may direct the department to impose the identical or |
5 | comparable discipline unless the educator demonstrates that: |
6 | (1) the discipline would result in a grave injustice; |
7 | (2) the discipline is substantially different from what |
8 | would have been imposed for similar conduct in this |
9 | Commonwealth; or |
10 | (3) the procedure used in the other jurisdiction did not |
11 | provide due process. |
12 | (b) Nothing in this section shall be construed to prevent |
13 | the department from pursuing discipline against any educator |
14 | disciplined in another state, territory or nation under other |
15 | sections of this act. |
16 | Section 9.6. Unavailability of Certain Defense and | <-- |
17 | Mitigating Factor.--The consent of a child or a student to |
18 | engage in sexual misconduct or sexual abuse or exploitation may |
19 | not be a defense or a mitigating factor in any discipline |
20 | proceeding under this act. |
21 | Section 7. Section 10 of the act, amended December 20, 2000 |
22 | (P.L.918, No.123), is repealed: |
23 | [Section 10. Confidentiality.--(a) All information relating |
24 | to any complaints, including the identity of the complainant, or |
25 | any proceedings relating to or resulting from such complaints, |
26 | shall remain confidential, unless or until discipline, other |
27 | than a private reprimand, is ordered, any provision of law to |
28 | the contrary notwithstanding. Should proceedings, after all |
29 | appeals, result in discipline, other than private reprimand, |
30 | such discipline and all records pertaining thereto shall become |
|
1 | public. There shall be no ex-parte communication on any pending |
2 | matter regarding discipline. |
3 | (b) This section shall not prohibit any person from |
4 | disclosing information previously made public as a result of |
5 | action by a school entity to dismiss a certified employe for |
6 | cause or as a result of a certified employe having been formally |
7 | charged with or convicted of a crime of moral turpitude or |
8 | another offense requiring mandatory revocation of a certificate. |
9 | (c) The provisions of this section shall not apply to |
10 | reinstatements. |
11 | (d) Nothing in this section shall be construed to deny a |
12 | professional educator access to information necessary to prepare |
13 | a defense in a disciplinary proceeding under this act.] |
14 | Section 8. Sections 11, 12, 13, 14, 15 and 16 of the act, |
15 | amended December 20, 2000 (P.L.918, No.123), are amended to |
16 | read: |
17 | Section 11. Duties of [Local School Board Officials] School |
18 | Entities.--(a) Upon receipt of [the preliminary findings] |
19 | notification in writing from the department, a [local school |
20 | board shall investigate] school entity shall investigate the |
21 | allegations of misconduct as directed by the department and may |
22 | pursue the local disciplinary procedures established by law or |
23 | by collective bargaining agreement for adjudication of |
24 | complaints against [professional educators. The local school |
25 | board shall inform the department within 90 days of receipt of |
26 | the preliminary findings whether the local school board will |
27 | pursue disciplinary action and whether the board believes that |
28 | professional disciplinary action by the commission is warranted] |
29 | an educator. |
30 | (b) [The school board, when its local investigation is |
|
1 | completed, may make a definite] Within 90 days of receipt of the |
2 | written notification from the department directing the school |
3 | entity to conduct an investigation, the school entity shall |
4 | inform the department of the outcome of its investigation and |
5 | whether it will pursue local employment action and may make a |
6 | recommendation concerning discipline[. The school board shall |
7 | notify the affected professional educator of any such |
8 | recommendation and shall provide to the department] under this |
9 | act. The department, upon request by a school entity, may extend | <-- |
10 | the 90-day reporting period. In reporting the outcome of its |
11 | investigation, the school entity shall provide the department |
12 | with: |
13 | (1) Its findings [and], a summary of the evidence gathered |
14 | and an inventory of all documentary and physical evidence | <-- |
15 | related to the allegations of misconduct and the name and | <-- |
16 | contact information for the current custodian of items listed in |
17 | the inventory. |
18 | (2) Any other relevant information which the department may |
19 | request, including information related to individuals |
20 | interviewed by the [local school board.] school entity. |
21 | (b.1) If the school entity makes a recommendation concerning |
22 | discipline, it shall notify the educator of such recommendation. |
23 | (c) A school [district, intermediate unit, area vocational- |
24 | technical school or charter school,] entity and any official or |
25 | employe thereof[,] shall cooperate with the department during |
26 | [all stages of the disciplinary process.] its review, |
27 | investigation or prosecution and promptly shall provide the | <-- |
28 | department with any relevant information and documentary and |
29 | physical evidence that the department may reasonably request. |
30 | (d) When the department receives information at any time |
|
1 | during the course of its review, investigation or prosecution of |
2 | misconduct that the educator is currently employed by a school |
3 | entity not previously notified under this act, the department |
4 | shall notify the school entity of the complaint, investigation |
5 | and charges so that the school entity may exercise its duties |
6 | and rights under this act. |
7 | (e) A school entity is prohibited from entering into any |
8 | agreement with an educator or educator association whereby a |
9 | school entity agrees not to comply with its mandatory reporting |
10 | duties or other duties outlined in this act. Any agreement or |
11 | provision of an agreement contrary to this subsection is void |
12 | and unenforceable. |
13 | Section 12. Department Action After Investigation.--After |
14 | completion of [an] a preliminary or full investigation, the |
15 | department may dismiss the [charges] complaint, determine that |
16 | appropriate and sufficient punishment has been imposed by the |
17 | [local school board, or initiate hearing procedures] school |
18 | entity, participate in alternative dispute resolution process, |
19 | enter into a written settlement agreement with the educator or |
20 | initiate the formal adjudicatory hearing process with the filing |
21 | of charges with the commission. If the complaint is dismissed or |
22 | [it is determined that appropriate and sufficient punishment has |
23 | been imposed by the local school board] otherwise resolved |
24 | without the filing of charges with the commission, the |
25 | department shall inform the [professional] educator, the |
26 | complainant and the [local school board of the determination] |
27 | school entity of its resolution of the complaint. |
28 | Section 13. Hearing.--(a) Upon determination to initiate |
29 | [hearing procedures] the formal adjudicatory hearing process, |
30 | the department shall[,] within 30 days[,] send a written notice |
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1 | to the [affected professional] educator advising of the charges |
2 | and of his right to request a hearing within 30 days of |
3 | [receipt] service of such notice. A copy of the written notice |
4 | of the charges shall be served upon the [professional educator's |
5 | current or prior employer] current and former school entity in |
6 | which the educator is or was employed. The notice of charges |
7 | shall set forth all acts or omissions which the department |
8 | asserts constitute misconduct and warrant discipline, which need |
9 | not be limited to the allegations in the complaint or |
10 | complaints, and may include allegations of misconduct that were |
11 | discovered in the course of the department's investigation of a |
12 | complaint or complaints. |
13 | (b) Notwithstanding any other provision of this act, if the |
14 | department in its discretion determines that immediate |
15 | discipline is necessary to protect the health, safety or welfare |
16 | of students or other persons in the schools of this |
17 | Commonwealth, it [shall] may request that the commission modify |
18 | the procedure set forth in this section and schedule an |
19 | expedited hearing. |
20 | (c) The hearing shall be held in accordance with the |
21 | following procedures unless otherwise specified in this act or |
22 | ordered by the commission: |
23 | (1) Within [45] 15 days of receiving a request for a |
24 | hearing, the commission shall appoint a hearing officer from a |
25 | list of impartial third parties qualified to conduct such |
26 | hearings. The list shall have been previously agreed upon |
27 | jointly by the Governor's General Counsel and at least two- |
28 | thirds of the commission, and shall have at least five names |
29 | which shall be chosen on a rotating basis. |
30 | (2) The burden of proof shall be on the department, which |
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1 | shall act as prosecutor, to establish by a preponderance of the |
2 | evidence that grounds for discipline exist. |
3 | (3) The [professional] educator against whom the [charge is] |
4 | charges are made shall have the right to be represented by |
5 | counsel and to present evidence and argument in accordance with |
6 | rules of procedure promulgated by the commission. |
7 | (4) [The governing board of the school entity in which the |
8 | affected professional educator is or was last employed may |
9 | intervene, for cause shown, in accordance with 1 Pa. Code § |
10 | 35.28] After the filing of charges against an educator with the |
11 | commission, the current or former school entity in which the |
12 | educator is or was employed may intervene as of right in the | <-- |
13 | disciplinary proceeding. The hearing officer may limit the | <-- |
14 | intervener's participation in the hearing where appropriate. |
15 | Admission as an intervener shall not be construed as conferring |
16 | full party status on the school entity, and interveners are |
17 | granted no rights which survive discontinuance or resolution of |
18 | the disciplinary matter before the commission. |
19 | (5) The hearing shall be closed[, unless the affected |
20 | professional educator requests that it be open to the public. If |
21 | the hearing is open, the hearing officer, in his discretion, may |
22 | close any portion of the hearing for good cause shown. If the |
23 | hearing is closed,] and only the department, commission members |
24 | and staff, the [affected professional educator and his or her |
25 | representatives, any intervenors] educator and his or her |
26 | counsel, any intervener or its counsel, if applicable, and any |
27 | [material] witnesses shall be permitted to attend. [Students | <-- |
28 | attending school in the district which employs the professional |
29 | educator shall not be permitted to attend any hearing except as |
30 | witnesses duly subpoenaed to testify with respect to the charges |
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1 | made.] Where a witness is a child or student, the commission or |
2 | its hearing officers may in their discretion permit a parent or |
3 | guardian to be in attendance during the testimony of the child |
4 | or student. |
5 | (6) The department may recommend to the hearing officer and |
6 | commission appropriate discipline. |
7 | (7) [The hearing officer shall, within 60] Within 90 days |
8 | after the conclusion of the hearing, [issue a decision |
9 | concerning whether] submission of written legal memoranda and |
10 | receipt of the transcript, the hearing officer shall issue a |
11 | proposed report concerning whether the department has met its |
12 | burden of establishing that misconduct has occurred and whether |
13 | discipline should be imposed. [A decision] The proposed report |
14 | shall include findings of fact and conclusions of law and |
15 | specify the recommended discipline. |
16 | Section 14. [Decision] Proposed Report by Hearing Officer.-- |
17 | (a) The [decision] proposed report of the hearing officer shall |
18 | [become final unless] be accepted by the commission unless: |
19 | (1) the [professional] educator or the department files |
20 | [exceptions or a brief on] exceptions in accordance with 1 Pa. |
21 | Code §§ 35.211 (relating to procedure to except to proposed |
22 | report) and 35.212 (relating to content and form of briefs on |
23 | exceptions) within 30 days of the date of the [recommended |
24 | decision.] proposed report; |
25 | (2) within 60 days of the date of the proposed report, the | <-- |
26 | commission initiates a review of the proposed report in the |
27 | absence of exceptions; or |
28 | (3) within 60 days of the date of the proposed report, the | <-- |
29 | commission reopens the proceeding for the reception of further |
30 | evidence in accordance with 1 Pa. Code § 35.233 (relating to |
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1 | reopening by agency action). |
2 | (b) [The commission shall promptly consider] After |
3 | consideration of exceptions to the hearing officer's [decision. |
4 | The commission by a majority vote of the full membership] |
5 | proposed report or further evidence or its review under this |
6 | section, the commission shall accept, modify or reject the |
7 | hearing officer's [decision, except that, in the case of |
8 | discipline of an administrator, all exceptions shall be taken by |
9 | a special panel of at least nine members of the commission |
10 | selected by the chairperson, which will include no more than |
11 | three teachers] proposed report. |
12 | [(c) Within 45 days after receiving the decision from the |
13 | hearing officer and the exceptions thereto, the commission shall |
14 | issue a written opinion and order affirming, reversing or |
15 | modifying the hearing officer's decision and imposing |
16 | discipline, if any.] |
17 | Section 15. Appeal.--(a) An order of the commission |
18 | regarding discipline [of a professional] or reinstatement of an |
19 | educator may be appealed only by the department or the |
20 | [professional] educator as an adjudication by a [State] |
21 | Commonwealth agency in the manner provided by law. |
22 | (b) An appeal filed under subsection (a) shall operate as a |
23 | stay of the discipline [until the determination] imposed under |
24 | this act until the resolution of the appeal, except where the |
25 | commission's decision to discipline is accompanied by a finding |
26 | that immediate discipline is necessary to protect the health, |
27 | safety or welfare of students or other persons in the schools of |
28 | this Commonwealth or the discipline imposed is the result of a |
29 | negotiated settlement between the parties or is imposed under |
30 | section 9.2. |
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1 | (c) Where the commission's adjudication [is in favor of the |
2 | professional educator] finds no educator misconduct under this |
3 | act, the charges pertaining to the disciplinary proceeding shall |
4 | be expunged from any personal or professional file of the |
5 | [professional] educator maintained by the department [and/or the |
6 | local school entity.] and the school entity unless the school |
7 | entity is actively pursuing local disciplinary action against | <-- |
8 | the educator under Article XI of the act of March 10, 1949 | <-- |
9 | (P.L.30, No.14), known as the "Public School Code of 1949.". | <-- |
10 | (d) The commission shall make all adjudications imposing |
11 | discipline, other than a private reprimand, available to the | <-- |
12 | public on a publicly accessible Internet website and shall | <-- |
13 | cooperate with the department in maintaining a central online |
14 | registry on a publicly accessible Internet website of charter |
15 | and cyber charter school staff members and contracted |
16 | educational provider staff members whose eligibility for |
17 | employment has been suspended, revoked, surrendered or otherwise |
18 | disciplined pursuant to this act. |
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 a mandatory report or for | <-- |
25 | providing information to or cooperating with the department or |
26 | the commission in the course of an investigation or proceeding |
27 | conducted under this act. This section shall not apply to |
28 | malicious action by any person or the provision of false |
29 | information if the person knew or had reason to know that the |
30 | information was false. |
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1 | (b) A school entity which provides information about the |
2 | professional conduct of a former or current employe to a |
3 | prospective employer of that employe is immune from civil |
4 | liability for the disclosure of the information. |
5 | (c) This section shall not apply to malicious action by any |
6 | person or school entity or the provision of false information if |
7 | the person or school entity knew, or had reason to know, that |
8 | the information was false. |
9 | Section 11. The act is amended by adding a section to read: |
10 | Section 17.2. Confidentiality.--(a) All Except as otherwise | <-- |
11 | provided in this act, all information relating to any complaints |
12 | or any proceedings relating to or resulting from such |
13 | complaints, including the identity of the complainant, shall |
14 | remain confidential, unless or until discipline is imposed, |
15 | other than a private reprimand or a supplemental sanction deemed |
16 | private by the commission, any provision of law to the contrary |
17 | notwithstanding unless otherwise specified in this act. All |
18 | records pertaining to proceedings resulting in public |
19 | discipline, excluding those records that are privileged or |
20 | otherwise protected from release, shall become public after the |
21 | exhaustion of all appeals except where the commission has |
22 | determined that immediate discipline is necessary. Records |
23 | pertaining to immediate discipline proceedings are public at the |
24 | time that the immediate discipline is imposed. |
25 | (b) Any person who releases or gives out information |
26 | received at a commission meeting or hearing or through any |
27 | disciplinary proceedings, including investigations conducted |
28 | pursuant to this act, without authorization of the commission or | <-- |
29 | as authorized by this act commits a misdemeanor of the third |
30 | degree. |
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1 | (c) This section shall not prohibit any person from |
2 | disclosing information previously made public as a result of |
3 | action by a school entity to dismiss an employe for cause or as |
4 | a result of an employe's having been formally indicted for or |
5 | convicted of a crime or from disclosing information that was |
6 | known prior to or available independently of the disciplinary | <-- |
7 | proceeding. |
8 | (d) The provisions of this section shall not apply to |
9 | information relating to reinstatements or to proceedings under |
10 | section 9.2 or 9.5 or to information developed in the course of | <-- |
11 | investigations conducted by school entities whether conducted |
12 | independently or by direction of the department. |
13 | (e) The commission may order the release of confidential |
14 | information upon petition of any interested party when it is |
15 | just and proper. Petitions for release of information deemed |
16 | confidential under this section shall be filed with the |
17 | commission in accordance with procedures established by the |
18 | commission. |
19 | (f) Nothing in this section shall be construed to: |
20 | (1) Deny an educator access to information contained in a | <-- |
21 | complaint, if the information is necessary to prepare a defense |
22 | in a disciplinary proceeding under this act. |
23 | (2) Prevent the department or a school entity from |
24 | investigating or prosecuting allegations of misconduct. | <-- |
25 | Individuals contacted in the course of the department's | <-- |
26 | investigation and prosecution are subject to the confidentiality |
27 | proscriptions set forth in this section. |
28 | (3) Prevent the department or a school entity from providing |
29 | information to, or consulting with, a law enforcement, child |
30 | protective services or licensing agency of the Commonwealth or |
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1 | other state or jurisdiction. |
2 | (g) An individual contacted in the course of the | <-- |
3 | department's investigation and prosecution shall be subject to |
4 | the confidentiality provisions of this section. |
5 | Section 12. Section 18 of the act, amended December 20, 2000 |
6 | (P.L.918, No.123), is amended to read: |
7 | Section 18. Commission Proceedings and Procedures.--(a) The |
8 | commission shall conduct its disciplinary proceedings in |
9 | accordance with the provisions of this act and Title 2 of the |
10 | Pennsylvania Consolidated Statutes (relating to administrative |
11 | law and procedure), unless otherwise specified in this act; if |
12 | any inconsistency arises, the provisions of this act shall be |
13 | controlling. [Any] In all disciplinary proceedings conducted by |
14 | or on behalf of the commission, the educator is entitled to |
15 | represent himself or be represented by legal counsel. In all |
16 | public hearings conducted by the commission, a person is |
17 | entitled to be heard by the commission in person, in writing, |
18 | through counsel or through his or her designated |
19 | representative[,] in accordance with procedures adopted pursuant |
20 | to this act. The commission shall enter as a matter of record |
21 | the minutes of each meeting, every vote taken by the commission |
22 | and every official act of the commission. |
23 | [(b) In all investigations or disciplinary proceedings, the |
24 | commission is authorized to issue subpoenas as provided for by |
25 | law to compel the attendance and testimony of witnesses and the |
26 | production of books, records, documents and other evidentiary |
27 | material. A professional educator shall have five days from |
28 | service to respond to a subpoena.] |
29 | (c) No commissioner shall vote in any case where: |
30 | (1) the [professional] educator who is the subject of the |
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1 | proceeding is employed by the same school entity[; or] as the |
2 | commissioner; |
3 | (2) the [professional] educator who is the subject of the |
4 | proceeding is a member of a Statewide [professional] educator |
5 | organization of which the commissioner is an officer, director |
6 | or employe[.]; |
7 | (3) the commissioner has filed a misconduct complaint as |
8 | permitted under this act against the educator; or |
9 | (4) the commissioner has any personal and independent |
10 | knowledge of the educator or issues in the case that would |
11 | compromise the commissioner's ability to make an impartial |
12 | decision. |
13 | Section 13. The act is amended by adding sections to read: |
14 | Section 18.2. Subpoenas.--(a) The commission or its legal |
15 | counsel, as its designee, shall have the power: |
16 | (1) To issue investigatory subpoenas upon petition by the |
17 | department for purposes of reviewing a complaint and |
18 | investigating alleged educator misconduct under this act. |
19 | (2) To issue subpoenas upon petition by the parties after | <-- |
20 | the filing of charges as provided for under the provisions of |
21 | this act, commission bylaws and 2 Pa.C.S. (relating to | <-- |
22 | administrative law and procedure) to compel the attendance and |
23 | testimony of witnesses and the production of books, records, |
24 | documents and other evidentiary material. |
25 | (b) A subpoena issued under this act shall clearly indicate |
26 | on its face that the subpoena is issued in connection with a |
27 | confidential proceeding and a breach of confidentiality by the |
28 | persons or entity subpoenaed may result in a civil penalty or |
29 | misdemeanor. |
30 | Section 18.3. Disposition of Fees and Fines Collected.--All |
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1 | fees, fines and civil penalties shall be paid into the State |
2 | Treasury through the department and credited to a restricted |
3 | revenue account in the General Fund, which is hereby |
4 | established. Funds in the account may be utilized to the extent |
5 | of expenditures incurred by the department and the commission in |
6 | the implementation of their respective duties under this act. |
7 | Section 14. This act shall take effect in 60 days. |
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