PRINTER'S NO. 3762
No. 2573 Session of 2004
INTRODUCED BY R. MILLER, ARMSTRONG, BARRAR, CORRIGAN, CRAHALLA,
CRUZ, EGOLF, GEIST, GILLESPIE, HORSEY, KELLER, KILLION,
LEWIS, SAYLOR, SOLOBAY, TANGRETTI, E. Z. TAYLOR, TRUE,
WASHINGTON, WILT AND YOUNGBLOOD, APRIL 14, 2004
REFERRED TO COMMITTEE ON EDUCATION, APRIL 14, 2004
AN ACT
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," further
5 providing for the public notification of disciplinary actions
6 imposed against professional educators.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of December 12, 1973 (P.L.397, No.141),
10 known as the Professional Educator Discipline Act, is amended by
11 adding a section to read:
12 Section 9.3. Public Notification of Discipline.--(a)
13 Notwithstanding the provisions of section 10, the department
14 shall publish on its publicly accessible World Wide Web site a
15 list of disciplinary actions imposed against professional
16 educators as a result of having been formally charged with or
17 convicted of a crime of moral turpitude or another offense
18 requiring mandatory revocation or suspension of a certificate.
19 The department shall also maintain on its World Wide Web site a
1 list of professional educators dismissed for cause.
2 (b) When posting reports of professional educators dismissed
3 for cause or disciplinary actions imposed against professional
4 educators, the department must, at the minimum, include the
5 following on its World Wide Web site:
6 (1) The educator's name and town of residence.
7 (2) The name of the school entity.
8 (3) The certificate type.
9 (4) The nature of misconduct or reason for dismissal.
10 (5) The disciplinary action imposed (suspension or
11 revocation).
12 (6) The effective date of discipline.
13 (7) The date of termination of discipline or
14 reinstatement of certification.
15 Section 2. Section 10 of the act, amended December 20, 2000
16 (P.L.918, No.123), is amended to read:
17 Section 10. Confidentiality.--(a) All information relating
18 to any complaints, including the identity of the complainant, or
19 any proceedings relating to or resulting from such complaints,
20 shall remain confidential, unless or until discipline, other
21 than a private reprimand, is ordered, any provision of law to
22 the contrary notwithstanding. Should proceedings, after all
23 appeals, result in discipline, other than private reprimand,
24 such discipline and all records pertaining thereto shall become
25 public[.] and be made available on the department's publicly
26 accessible World Wide Web site in accordance with section 9.3.
27 There shall be no ex-parte communication on any pending matter
28 regarding discipline.
29 (b) 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 a certified employe for
2 cause or as a result of a certified employe having been formally
3 charged with or convicted of a crime of moral turpitude or
4 another offense requiring mandatory revocation of a certificate.
5 (c) The provisions of this section shall not apply to
6 reinstatements.
7 (d) Nothing in this section shall be construed to deny a
8 professional educator access to information necessary to prepare
9 a defense in a disciplinary proceeding under this act.
10 Section 3. This act shall take effect immediately.
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