HOUSE AMENDED
PRIOR PRINTER'S NOS. 260, 1099 PRINTER'S NO. 1245
No. 253 Session of 1989
INTRODUCED BY HESS, JANUARY 24, 1989
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 1989
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 commission; and providing for the
6 reestablishment of the commission.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1, 3, 4, 5, 6, 7 and 8 of the act of
10 December 12, 1973 (P.L.397, No.141), referred to as the Teacher
11 Certification Law, are amended to read:
12 Section 1. Definitions.--When used in this act, the
13 following words and phrases shall have the following meanings:
14 (1) "Teacher" shall mean any person who holds a valid
15 Pennsylvania teaching certificate.
16 (2) "Teach" shall mean to engage in the practice of teaching
17 in the public schools of the Commonwealth or to provide related
18 educational specialist, administrative or supervisory services
1 in such schools.
2 (3) "Commission" shall mean the Professional Standards and
3 Practices Commission.
4 (4) "[Education] Educational specialist" shall mean a person
5 employed by a public school as a certified guidance counselor,
6 nurse, home and school visitor, psychologist, dental hygienist,
7 instructional media specialist or nutrition specialist.
8 (5) "Administrator" shall mean any person who is a
9 commissioned officer or holds a position requiring an
10 administrative certificate.
11 (6) "Discipline" shall mean any one of the following
12 actions:
13 (i) Issue a private reprimand.
14 (ii) Issue a public reprimand.
15 (iii) Suspend the certificate of a professional educator for
16 a period to be determined by the commission.
17 (iv) Revoke the certificate.
18 (7) "Professional educator" shall mean a person who is
19 certificated as either a teacher A TEACHER, EDUCATIONAL <--
20 SPECIALIST or an administrator in the Commonwealth.
21 (8) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION. <--
22 (9) "SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT,
23 INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL.
24 (10) "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION.
25 (11) "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION.
26 Section 3. Professional Standards and Practices
27 Commission.--There is hereby created a Professional Standards
28 and Practices Commission consisting of [sixteen] nineteen
29 members appointed by the Governor with the advice and consent of
30 a majority of the members elected to the Senate. The term of
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1 office of members of the commission[, except the student member <--
2 whose term shall be one year,] shall be three years commencing <--
3 on January 1 of the year following their appointment[, except
4 that original appointments shall be for staggered terms of one,
5 two and three years in order that the terms of five members of
6 the commission shall expire each year thereafter]. Vacancies
7 shall be filled for an unexpired term in the same manner as
8 original appointments. No person shall serve for more than two
9 consecutive terms as a member of the commission. The Governor
10 may remove any member from the commission for misconduct or
11 malfeasance in office, incapacity, or neglect of duty. All
12 members of the commission shall be residents of the Commonwealth
13 of Pennsylvania.
14 Section 4. Membership and Qualifications.--(a) The
15 membership of the Professional Standards and Practices
16 Commission shall consist of:
17 (1) [Eight] Ten classroom teachers, including one
18 educational specialist, broadly representative of the teaching
19 profession from public schools.
20 (2) Three administrators from public schools, AT LEAST ONE <--
21 OF WHOM SHALL BE A COMMISSIONED OFFICER AND ONE A PRINCIPAL.
22 (3) [Two faculty members from approved institutions] ONE <--
23 FACULTY MEMBER FROM AN APPROVED INSTITUTION of higher learning
24 in the Commonwealth offering approved teacher education
25 programs.
26 (4) One administrator from an approved institution of higher
27 learning in the Commonwealth offering approved teacher education
28 programs.
29 [(5) One college student currently enrolled in a program of <--
30 teacher education in an approved institution of higher learning
19890S0253B1245 - 3 -
1 in the Commonwealth offering approved teacher education
2 programs.] <--
3 (6) [One member] Two members from the general public who <--
4 shall be [a parent of a pupil attending a public school] parents
5 of pupils attending public schools.
6 [(6) ONE MEMBER] (5) FOUR MEMBERS FROM THE GENERAL PUBLIC <--
7 [WHO SHALL BE A PARENT OF A PUPIL ATTENDING A PUBLIC SCHOOL],
8 TWO OF WHOM SHALL BE PARENTS OF PUPILS ATTENDING PUBLIC SCHOOLS
9 AND TWO OF WHOM SHALL BE ELECTED PUBLIC SCHOOL DIRECTORS.
10 (b) Except for the [representative] representatives of the
11 general public, [and the student representative,] the Governor <--
12 in making appointments shall consider recommendations from
13 panels of nominees submitted by Statewide organizations of
14 professional educators which certify that the panels include
15 only representatives of the category of professional personnel
16 for which the panel or panels of nominees are submitted.
17 (c) All members of the commission except the persons
18 representing the [college students and] general public shall <--
19 have been actively engaged in teaching or providing related
20 educational, administrative or supervisory services in a public
21 school or approved institution of higher education with approved
22 teacher education programs for at least five of the eight years
23 immediately preceding their appointment. A person appointed to
24 the commission who leaves the Commonwealth to become domiciled
25 in another state or whose employment status changes to a
26 category different from that for which he was appointed shall
27 have his position on the commission deemed vacated.
28 (d) The chairman of the State Board of Education, or a
29 member of the board designated by the chairman, shall be an ex
30 officio member of the commission without voting privileges.
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1 (E) THE MEMBERS OF THE COMMISSION, EMPLOYES OF THE <--
2 COMMISSION AND AGENTS OF THE COMMISSION SHALL IN ALL OF THEIR
3 DELIBERATIONS CONSIDER THE PUBLIC INTEREST.
4 Section 5. Power and Duties.--(a) The Professional
5 Standards and Practices Commission shall have the power and its
6 duty shall be:
7 [(1) To recommend to the State Board of Education standards
8 for certification of teachers to render professional services in
9 the public schools of the Commonwealth and for accreditation of
10 teacher education programs and to evaluate teacher education and
11 certification program services and activities to determine the
12 effectiveness in terms of the annual and long-range program
13 plans and to recommend changes to the State Board of Education
14 as indicated by such evaluations.
15 (2) To recommend to the State Board of Education standards
16 of professional practice for teachers in public schools. Nothing
17 contained herein is intended to confer upon the State Board of
18 Education the authority to suspend, annul or revoke teaching
19 certificates other than as is otherwise provided in law.
20 (3) To recommend to the State Board of Education procedures
21 which assure that actions concerning suspension, annulment or
22 revocation of teaching certificates shall comply with due
23 process.
24 (4) In order to make the recommendations referred to in
25 subsections (1), (2) and (3) above, the Department of Education
26 shall furnish all information the commission deems necessary.
27 (5) To adopt rules and regulations as may be necessary to
28 carry out the purposes of this act. The commission shall hold
29 public hearings and take testimony concerning proposed
30 recommendations which shall be presented to the State Board of
19890S0253B1245 - 5 -
1 Education.
2 (6) Nothing in this act shall be construed to prevent
3 organizations of the teaching profession from adopting measures
4 designed to improve the standards and practices of ethics and
5 academic freedom among their members and in their relationships
6 with other persons and groups.]
7 (1) To recommend to the State Board of Education rules and
8 regulations defining positions for which certification should be
9 required and criteria to determine qualifications, consistent
10 with this act, necessary to hold such a certificate.
11 (2) To recommend to the State Board of Education rules and
12 regulations providing for making a certificate permanent upon
13 evidence of such teaching experience and additional preparation
14 as may by rule be required.
15 (3) To recommend to the State Board of Education rules and
16 regulations providing for the Department of Education
17 investigation and determination of the acceptability of programs
18 of professional education in colleges and universities of this
19 Commonwealth issuing degrees to persons who may desire to teach
20 in the schools of this Commonwealth. The commission may
21 recommend as its own, with or without modification, standards
22 used by other organizations engaged in the evaluation of teacher
23 preparation programs. In establishing standards pursuant to this
24 clause, the commission shall consider, among other factors, the
25 following:
26 (i) Ongoing research and developing theories in education.
27 (ii) The knowledge and skills necessary to effectively
28 perform professional education functions.
29 (iii) The liberal arts and general education requirements
30 that are the foundation of a teacher preparation program.
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1 (iv) The value of student teacher, laboratory work and other
2 professional experience as preparation for certification.
3 (v) The cultural and demographic diversity of relevant
4 student populations.
5 (vi) Other interests of the public.
6 The commission shall assess the effectiveness of educator
7 preparation programs to determine the relevance of this program
8 to the annual and long-range program plans and to recommend
9 changes to the State Board of Education as indicated by such
10 evaluations.
11 (4) To recommend to the State Board of Education rules and
12 regulations providing for acceptance or approval of certificates
13 to teach issued by other states, countries and bodies.
14 (5) To recommend to the State Board of Education rules and
15 regulations providing for the commission to enter into
16 agreements with agencies of other states for reciprocal approval
17 of teacher preparation program.
18 (6) To recommend to the State Board of Education rules and
19 regulations governing examinations for the initial certification
20 of teachers.
21 (7) To cooperate with a national board for professional
22 education certification recognized by the commission, to such
23 degree as in the commission's judgment shall bring advantage to
24 the Commonwealth.
25 (8) To investigate any violation of this act or application <--
26 for reinstatement of certificates and to conduct hearings and to
27 discipline or prosecute such violations.
28 (9) To establish standards for professional practice and
29 conduct.
30 (8) TO ESTABLISH PROCEDURES FOR INVESTIGATING COMPLAINTS <--
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1 REQUESTING DISCIPLINE RECEIVED FROM THE BUREAU FOR CONDUCTING
2 HEARINGS PURSUANT TO SECTION 13 AND FOR REINSTATEMENT OF
3 CERTIFICATES.
4 (9) TO RECOMMEND TO THE STATE BOARD BY JULY 1, 1991,
5 STANDARDS FOR PROFESSIONAL PRACTICE AND CONDUCT. NOTHING IN THE
6 STANDARDS FOR PROFESSIONAL PRACTICE AND CONDUCT SHALL PERTAIN TO
7 QUESTIONS OF MEMBERSHIP OR AFFILIATION OR NONAFFILIATION IN AN
8 EMPLOYEE ORGANIZATION, OR PARTICIPATION IN THE ACTIONS OF AN
9 EMPLOYEE ORGANIZATION, OR PARTICIPATION OR NONPARTICIPATION IN
10 THE ACTIONS OF AN EMPLOYEE ORGANIZATION RELATED TO THE
11 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT, A STRIKE OR
12 OTHER WORK STOPPAGE AS DEFINED UNDER THE ACT OF JULY 23, 1970
13 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT."
14 (10) To FORWARD TO THE SECRETARY SPECIFIC RECOMMENDATIONS TO <--
15 discipline, as provided hereunder, any professional educator
16 found guilty upon hearings of immorality, incompetency,
17 intemperance, habitual use of drugs or narcotics, cruelty,
18 negligence or for violation of any provision of this act, and to
19 suspend the certificate of any professional educator indicted
20 for a crime or misdemeanor involving moral turpitude or as a
21 drug addict whenever a certified copy of such indictment shall
22 have been filed with the commission and to revoke the same upon
23 conviction thereof whenever a certified copy of the verdict or
24 judgment or sentence of the court shall have been filed with the
25 commission, and to reinstate such certificate in any case where,
26 after hearing, the commission shall deem the same just and
27 proper. The commission shall issue such rules and regulations as <--
28 may be required to provide definitions and standards of conduct
29 warranting discipline consistent with this clause.
30 (11) To establish procedures by regulation RECOMMEND TO THE <--
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1 STATE BOARD OF EDUCATION, REGULATIONS which assure that actions
2 concerning discipline of professional educators shall comply
3 with due process.
4 (12) To keep minutes of its meetings and report annually to
5 the Governor, the General Assembly, the education profession and
6 the public and to publish, from time to time, such other reports
7 as it deems appropriate.
8 (13) To adopt, PURSUANT TO THE ACT OF JULY 31, 1968 <--
9 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS
10 LAW, OPERATING AND PROCEDURAL rules and regulations necessary to
11 carry out the purposes of this act. The commission shall hold
12 public hearings and take testimony concerning proposed
13 recommendations which shall be presented to the State Board of
14 Education.
15 (14) Nothing in this act shall be construed to prevent <--
16 organizations of the education profession from adopting measures
17 designed to improve the standards and practices of ethics and
18 academic freedom among their members and in their relationships
19 with other persons and groups.
20 (b) All teachers' certificates in force in this Commonwealth
21 at the time this act goes into effect shall continue in full
22 force and effect, subject to all the terms and conditions under
23 which they were issued, until they expire by virtue of their own
24 limitations, unless they are sooner annulled for the reasons and
25 in the manner provided by law.
26 (c) Recommendations as outlined in subsection (a) shall be
27 presented publicly at a scheduled State Board of Education
28 meeting. This presentation shall be prior to any board action on
29 regulations, standards or guidelines affecting teacher
30 certification, professional practices, accreditation of teacher
19890S0253B1245 - 9 -
1 education programs and long range plans.
2 Section 6. Organization and Meetings of the Commission.--The
3 commission shall annually select a chairman and vice-chairman by
4 ballot. The chairman, or a commission member designated by the
5 chairman, shall be an ex officio member of the State Board of
6 Education without voting privileges or assignment to either
7 council. Meetings shall be held at least [four] six times per
8 year at the call of the chairman or upon request in writing of a
9 majority of the commission. A majority shall constitute a quorum
10 and a majority of such quorum shall have authority to act upon
11 any matter properly before the commission. The first meeting of
12 the commission shall be held within six months of the effective
13 date of this act. Meetings of the commission shall be open to
14 the public and the [Director of Professional Standards and <--
15 Practices] EXECUTIVE DIRECTOR OF THE COMMISSION shall be <--
16 responsible for seeing that notices of meetings of the
17 commission are properly circulated.
18 Section 7. Expenses.--Members of the commission shall
19 receive no compensation for their services, but shall be
20 reimbursed for their actual and necessary expenses incurred in
21 the performance of official commission business. A member of the
22 commission who is an employe of an agency of the Commonwealth,
23 or any of its political subdivisions including school districts,
24 shall be permitted to attend commission meetings and perform
25 other commission duties without loss of income or other
26 benefits. A State agency or any political subdivision of this
27 Commonwealth, including a school entity, required to employ a
28 substitute for a member of the commission who is absent from his
29 employment while performing commission business, shall be
30 reimbursed by the Department of Education from funds
19890S0253B1245 - 10 -
1 appropriated for the general government operations of the
2 Department of Education for the actual amount of any costs
3 incurred upon presentation of a request for reimbursement and
4 documentation of such cost. A member of the commission who is
5 employed by a private employer shall be reimbursed by the
6 Department of Education, from funds appropriated for the general
7 government operations of the Department of Education, for any
8 income lost as a result of attendance at commission meetings or
9 performance of other official commission duties upon
10 presentation of a request for reimbursement and documentation of
11 such loss.
12 Section 8. [Director of Professional Standards and <--
13 Practices] COMMISSION STAFF.--(a) There shall be [a Director of <--
14 Professional Standards and Practices] AN EXECUTIVE DIRECTOR OF <--
15 THE COMMISSION who shall serve as the executive officer and
16 secretary of the commission. [The director shall be appointed <--
17 jointly by the Secretary of Education [after consultation with <--
18 the commission.] and the commission. THE COMMISSION AND THE <--
19 SECRETARY SHALL JOINTLY EMPLOY AND FIX THE COMPENSATION OF THE
20 EXECUTIVE DIRECTOR. The EXECUTIVE director, with approval of the <--
21 commission and the secretary, may employ additional professional
22 and clerical personnel as may be necessary to carry out the
23 duties and responsibilities of the commission. The Department of
24 Education shall provide adequate space[, equipment, staff,
25 secretarial and administrative assistance] and equipment to
26 facilitate the activities of the commission.
27 (b) [The commission shall keep minutes of its meetings and
28 report annually to the Governor, the General Assembly, the
29 teaching profession and the public.] The Governor, through his
30 General Counsel, shall appoint a Chief Counsel and such
19890S0253B1245 - 11 -
1 assistant counsel as shall be required to carry out the
2 disciplinary functions and such other functions of the
3 commission described in this act. The Chief Counsel shall, with
4 the approval of the EXECUTIVE DIRECTOR OF THE commission, <--
5 appoint such investigative staff and other staff as may be
6 required to carry out these functions. Investigators may be
7 certificated as professional educators.
8 Section 2. Section 9 of the act is repealed.
9 Section 3. The act is amended by adding sections to read:
10 Section 9. Complaint Requesting Discipline.--(a) A <--
11 proceeding to discipline a professional educator shall be
12 initiated by the filing of a complaint with the commission by
13 any interested party within 180 days from the date of the
14 occurrence of the allegedly objectionable behavior, or from the
15 date of its discovery. If the alleged behavior is of a
16 continuing nature, the date of its occurrence is the last date
17 on which the practice occurred. The commission by regulation
18 shall prescribe standards for determining who is an interested
19 party.
20 (b) The complaint shall:
21 SECTION 9. COMPLAINTS.--(A) A PROCEEDING TO DISCIPLINE A <--
22 PROFESSIONAL EDUCATOR SHALL BE INITIATED BY THE FILING OF A
23 COMPLAINT WITH THE BUREAU OF TEACHER PREPARATION AND
24 CERTIFICATION BY ANY INTERESTED PARTY, INCLUDING THE DIRECTOR OF
25 THE BUREAU, WITHIN ONE YEAR FROM THE DATE OF THE OCCURRENCE OF
26 ANY ALLEGED ACTION SPECIFIED UNDER SECTION 5(A)(10), OR FROM THE
27 DATE OF ITS DISCOVERY. IF THE ALLEGED ACTION IS OF A CONTINUING
28 NATURE, THE DATE OF ITS OCCURRENCE IS THE LAST DATE ON WHICH THE
29 PRACTICE OCCURRED.
30 (B) COMMISSIONED OFFICERS IN SCHOOL ENTITIES SHALL REPORT
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1 PROMPTLY TO THE DEPARTMENT EACH INSTANCE:
2 (1) WHERE THE SCHOOL ENTITY HAS DISMISSED A CERTIFIED
3 EMPLOYEE FOR CAUSE; AND/OR
4 (2) WHERE THE COMMISSIONED OFFICER IS AWARE THAT ONE OF HIS
5 SCHOOL ENTITY'S PRESENT CERTIFICATED EMPLOYES HAS BEEN FORMALLY
6 CHARGED OR CONVICTED OF A CRIME OF MORAL TURPITUDE OR SOME OTHER
7 OFFENSE REQUIRING MANDATORY SUSPENSION OR REVOCATION OF
8 CERTIFICATE UNDER SECTION 1211 OF THE ACT OF MARCH 10, 1949
9 (P.L.30, NO.14), KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949," OR
10 SECTION 2(J) OF THE ACT OF MAY 29, 1931 (P.L.210, NO.126),
11 ENTITLED, AS AMENDED, "AN ACT TO REGULATE THE CERTIFICATION AND
12 THE REGISTRATION OF PERSONS QUALIFIED TO TEACH IN ACCREDITED
13 ELEMENTARY AND SECONDARY SCHOOLS IN THIS STATE; IMPOSING CERTAIN
14 DUTIES UPON THE DEPARTMENT OF PUBLIC INSTRUCTION AND THE STATE
15 BOARD OF EDUCATION; DEFINING VIOLATIONS; PROVIDING PENALTIES,
16 AND FOR APPEAL TO THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY."
17 (C) THE COMMISSION SHALL BY REGULATION PRESCRIBE STANDARDS
18 FOR THE FILING OF COMPLAINTS. THE COMPLAINT SHALL:
19 (1) be in a form prescribed by the commission;
20 (2) specify the nature and character of the charges; and
21 (3) be verified under oath by the complaining party or a
22 duly authorized agent of the complaining party.
23 (c) (D) The commission, and its individual members, may not <--
24 file a complaint or initiate a disciplinary proceeding on their
25 own motion, except that if in the performance of commission
26 business, the commission, or any of its individual members,
27 uncovers evidence that would appear to require discipline, the
28 commission may transmit such evidence to the local school board
29 as indicated by subsection (d)(2), where such evidence will be
30 treated as a complaint in accordance with the provisions of this
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1 act.
2 (E) THE BUREAU OF TEACHER PREPARATION AND CERTIFICATION <--
3 SHALL ASSEMBLE ANY INFORMATION RELEVANT TO THE COMPLAINT FILED
4 WITH THE BUREAU. IT SHALL THEN CONDUCT A PRELIMINARY REVIEW OF
5 THE ALLEGATIONS AND RECORD. IF THE BUREAU BELIEVES THAT
6 DISCIPLINARY ACTION MAY BE APPROPRIATE, OR THAT FURTHER
7 INVESTIGATION IS CALLED FOR, IT SHALL FORWARD THE RECORD AND ITS
8 RECOMMENDATIONS TO THE COUNSEL TO THE COMMISSION.
9 (d) (F) Upon receipt of a complaint by the counsel to the <--
10 commission, the counsel to the commission shall promptly
11 determine whether the complaint alleges facts which, if true,
12 are sufficient to require discipline.
13 (1) If the facts alleged are not sufficient, the counsel to
14 the commission shall dismiss the complaint and provide written
15 notice of such dismissal to the complaining party.
16 (2) If the facts alleged are deemed sufficient by the
17 counsel to the commission, the counsel to the commission shall
18 notify the affected professional educator in writing that a
19 complaint has been filed against him or her and of the nature of
20 said complaint. The counsel to the commission shall also notify
21 the complaining party in writing of the sufficiency of the
22 complaint. The counsel to the commission shall then conduct a
23 preliminary investigation to determine whether there is probable
24 cause to believe that grounds for discipline exist. Such
25 investigation shall be carried out by counsel to the commission
26 with the assistance of such investigative staff as may be
27 required.
28 (3) Upon receipt of a recommendation by counsel to the <--
29 commission, a three-member panel of the commission, appointed on
30 a rotating basis by the chairperson, shall determine whether
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1 probable cause exists. If the panel determines that probable
2 cause does not exist,
3 (3) IF THE COUNSEL TO THE COMMISSION DETERMINES THAT <--
4 PROBABLE CAUSE DOES NOT EXIST, HE SHALL DISMISS THE COMPLAINT
5 AND ISSUE A WRITTEN NOTICE OF SUCH DISMISSAL TO THE AFFECTED
6 PROFESSIONAL EDUCATOR AND THE COMPLAINING PARTY. IF THE COUNSEL
7 TO THE COMMISSION DETERMINES THAT PROBABLE CAUSE DOES EXIST, HE
8 SHALL MAKE SUCH FINDING IN WRITING AND FILE IT WITH THE
9 GOVERNOR'S GENERAL COUNSEL, WHO MAY DISAPPROVE THIS FINDING
10 WITHIN 30 DAYS. THE GENERAL COUNCIL MAY APPROVE THE FINDING AT
11 ANY TIME WITHIN THE 30-DAY PERIOD. IF HE SO APPROVES OR TAKES NO
12 ACTION, THE FINDING OF PROBABLE CAUSE SHALL BECOME FINAL. IF THE
13 FINDING OF PROBABLE CAUSE BECOMES FINAL, THE COUNSEL TO the
14 commission shall dismiss the complaint and issue written notice
15 of such dismissal to the affected professional educator and the
16 complaining party. If the panel determines that probable cause
17 does exist, the commission shall transmit the complaint and its
18 preliminary findings to the local school governing board of the
19 school entity in which the affected professional educator is or
20 was last serving, unless the local school board is the
21 complaining party and has provided the report described in
22 section 11. If the local school board is the complaining party
23 and has already conducted hearings of record according to the
24 procedures established by law and by collective bargaining
25 agreement for adjudication of complaints against professional
26 educators, and if the local board has provided a transcript of
27 such hearing to the commission together with the adjudication
28 resulting from such hearing, and has also transmitted the report
29 described in section 11, then no preliminary investigation shall
30 be conducted, and the hearing procedures described in section 13
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1 shall be initiated within 30 days of the receipt of the
2 complaint. Both parties shall be notified of the transmission of
3 the complaint.
4 Section 10. Confidentiality.--All information relating to
5 any complaints, or any proceedings relating to or resulting from
6 such complaints, shall remain confidential, unless or until
7 discipline, other than a private reprimand, is administered <--
8 ORDERED BY THE SECRETARY, any provision of law to the contrary <--
9 notwithstanding. Should proceedings, after all appeals, result
10 in discipline, other than private reprimand, such discipline and
11 all records pertaining thereto shall become public. NEITHER <--
12 COUNSEL TO THE COMMISSION NOR STAFF OF THE BUREAU OF TEACHER
13 PREPARATION AND CERTIFICATION SHALL COMMUNICATE ON ANY PENDING
14 MATTER REGARDING DISCIPLINE EITHER WITH ANY MEMBER OF THE
15 COMMISSION OR THE SECRETARY.
16 Section 11. Proceedings Before Local School Board.--(a)
17 Upon receipt of a complaint from the commission in accordance
18 with section 9, a local school board shall investigate and
19 determine WITHIN 90 DAYS whether said complaint should WILL be <--
20 submitted to the procedures established by law and by collective
21 bargaining agreement for adjudication of complaints against
22 professional educators, AND SHALL REPORT SUCH DETERMINATION TO <--
23 THE COUNSEL TO THE COMMISSION.
24 (b) The school board, when its proceedings are completed,
25 shall report to the commission its findings and a summary of the
26 evidence, and any action taken, and shall make a definite
27 recommendation concerning discipline. The school board shall
28 also advise the affected professional educator and the
29 complaining party.
30 Section 12. Commission Action Upon School Board <--
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1 Recommendations.--Upon receipt of a copy of the findings,
2 summary of evidence, and recommendation of the school board, the
3 commission may order the charges dismissed, privately admonish
4 the charged professional educator, determine that appropriate
5 and sufficient punishment has been imposed by the local school
6 board, or refer the school board's records to the commission's
7 counsel for prosecution.
8 SECTION 12. COUNSEL ACTION UPON SCHOOL BOARD <--
9 RECOMMENDATIONS.--UPON RECEIPT OF A COPY OF THE FINDINGS,
10 SUMMARY OF EVIDENCE AND RECOMMENDATIONS OF THE SCHOOL BOARD, THE
11 COUNSEL TO THE COMMISSION MAY ORDER THE CHARGES DISMISSED,
12 DETERMINE THAT APPROPRIATE AND SUFFICIENT PUNISHMENT HAS BEEN
13 IMPOSED BY THE LOCAL SCHOOL BOARD, OR INITIATE HEARING
14 PROCEDURES.
15 Section 13. Hearing.--(a) Upon determination to initiate
16 hearing procedures, the COUNSEL TO THE commission shall, within <--
17 30 days, send a written notice to the affected professional
18 educator advising him or her of the charges against him or her,
19 of his or her right to a hearing, and of the date for such a
20 hearing.
21 (b) Notwithstanding any other provision of this act, if the <--
22 commission determines that immediate discipline is necessary to
23 protect the health, safety, or welfare of students or other
24 persons in the schools of this Commonwealth, the commission may
25 modify the procedure set forth in this section and schedule an
26 expedited hearing in accordance with subsection (c).
27 (c) Except as otherwise provided in subsection (b), no
28 discipline shall be imposed until the affected professional
29 educator has an opportunity for a hearing before the commission.
30 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF THE <--
19890S0253B1245 - 17 -
1 COUNSEL TO THE COMMISSION IN HIS DISCRETION DETERMINES THAT
2 IMMEDIATE DISCIPLINE IS NECESSARY TO PROTECT THE HEALTH, SAFETY
3 OR WELFARE OF STUDENTS OR OTHER PERSONS IN THE SCHOOLS OF THIS
4 COMMONWEALTH, THE EXECUTIVE DIRECTOR OF THE COMMISSION SHALL
5 MODIFY THE PROCEDURE SET FORTH IN THIS SECTION AND SCHEDULE AN
6 EXPEDITED HEARING IN ACCORDANCE WITH SUBSECTION (C).
7 (C) The hearing shall be held in accordance with the
8 following procedures:
9 (1) The commission shall appoint a hearing officer from a
10 list of impartial third parties qualified to conduct such
11 hearings. The list shall have been previously agreed upon by <--
12 JOINTLY BY THE SECRETARY AND at least two-thirds of the <--
13 commission, and shall have at least ten names which shall be
14 chosen on a rotating basis.
15 (2) The burden of proof shall be on the counsel to the
16 commission, who shall act as prosecutor, to establish that
17 grounds for discipline exist.
18 (3) The professional educator against whom the charge is
19 made shall have the right to be represented by counsel and to
20 present evidence and argument in accordance with rules of
21 procedure promulgated by the commission.
22 (4) The hearing shall be closed, unless the affected
23 professional educator requests that it be open. If the hearing
24 is open, the commission, in its HEARING OFFICER, IN HIS <--
25 discretion, may close any portion of the hearing for good cause
26 shown. If the hearing is closed, only commission members and
27 staff, the affected professional educator and his or her
28 representatives, and any material witnesses shall be permitted
29 to attend. Students attending school in the district which
30 employs the professional educator shall not be permitted to
19890S0253B1245 - 18 -
1 attend any hearing except as witnesses duly subpoenaed to
2 testify with respect to the charges made.
3 (5) The hearing officer shall, within 30 days after the
4 conclusion of the hearing, issue a recommended decision
5 concerning whether discipline should be imposed. A recommended
6 decision shall include findings of fact, conclusions of law, and
7 a definite recommendation concerning discipline.
8 Section 14. Decision by Commission HEARING OFFICER.--(a) <--
9 The recommended decision of the hearing officer shall become <--
10 final BE FORWARDED TO THE SECRETARY unless excepted to by either <--
11 the professional educator or by the counsel to the commission
12 within 30 days of the date of the recommended decision.
13 (b) The commission shall promptly consider exceptions to the <--
14 recommended decision. The commission may accept, modify, or
15 reject the recommended decision.
16 (c) No discipline may be administered except by a majority
17 vote of the full membership of the commission.
18 (d) In the case of discipline of an administrator, all
19 exceptions shall be taken to a special panel of at least five of
20 the commission selected by the chairperson, which will not
21 include teachers.
22 Section 15. Reinstatement.--Any person whose certificate has
23 been suspended or revoked may apply to the commission for a
24 lifting of the suspension or a reinstatement of the certificate.
25 The commission may order such a lifting or reinstatement based
26 upon standards prescribed by the commission in regulations.
27 Section 16. Appeal.--(a) An order by the commission to
28 discipline a professional educator may be appealed to the
29 Secretary of Education within 30 days of the entry of the
30 commission's order, provided that the initial complaint was not
19890S0253B1245 - 19 -
1 filed by a commissioned officer of the Department of Education.
2 If the complaint was instituted by an officer of the Department
3 of Education it may be appealable as an adjudication by a State
4 agency in the manner provided by law.
5 (b) An order by the Secretary of Education to discipline a
6 professional educator may be appealed as an adjudication by a
7 State agency in the manner provided by law.
8 (c) An appeal filed under either subsection (a) or (b)
9 shall operate as a stay of the discipline until the
10 determination of the appeal, except where the commission's
11 decision to discipline is accompanied by a finding that
12 immediate discipline is necessary to protect the health, safety,
13 or welfare of students or other persons in the schools of this
14 Commonwealth.
15 (d) The dismissal of a complaint by the commission shall be
16 final and nonappealable.
17 (B) THE COMMISSION SHALL PROMPTLY CONSIDER EXCEPTIONS TO THE <--
18 HEARING OFFICER'S RECOMMENDED DECISION. THE COMMISSION BY A
19 MAJORITY VOTE OF THE FULL MEMBERSHIP SHALL RECOMMEND TO THE
20 SECRETARY ACCEPTANCE, MODIFICATION OR REJECTION OF THE HEARING
21 OFFICER'S RECOMMENDED DECISION, EXCEPT THAT IN THE CASE OF
22 DISCIPLINE OF AN ADMINISTRATOR, ALL EXCEPTIONS SHALL BE TAKEN BY
23 A SPECIAL PANEL OF AT LEAST FIVE MEMBERS OF THE COMMISSION
24 SELECTED BY THE CHAIRPERSON, WHICH WILL NOT INCLUDE TEACHERS.
25 (C) WITHIN 45 DAYS AFTER RECEIVING THE RECOMMENDED DECISION
26 FROM THE HEARING OFFICER OR THE COMMISSION, THE SECRETARY SHALL
27 ISSUE A WRITTEN OPINION AND ORDER AFFIRMING, REVERSING OR
28 MODIFYING THE HEARING OFFICER'S DECISION AND IMPOSING
29 DISCIPLINE, IF ANY.
30 SECTION 15. APPEAL.--(A) AN ORDER BY THE SECRETARY TO
19890S0253B1245 - 20 -
1 DISCIPLINE A PROFESSIONAL EDUCATOR MAY BE APPEALED AS AN
2 ADJUDICATION BY A STATE AGENCY IN THE MANNER PROVIDED BY LAW.
3 (B) AN APPEAL FILED UNDER SUBSECTION (A) SHALL OPERATE AS A
4 STAY OF THE DISCIPLINE UNTIL THE DETERMINATION OF THE APPEAL,
5 EXCEPT WHERE THE SECRETARY'S DECISION TO DISCIPLINE IS
6 ACCOMPANIED BY A FINDING THAT IMMEDIATE DISCIPLINE IS NECESSARY
7 TO PROTECT THE HEALTH, SAFETY OR WELFARE OF STUDENTS OR OTHER
8 PERSONS IN THE SCHOOLS OF THIS COMMONWEALTH.
9 (C) THE DISMISSAL OF A COMPLAINT BY THE COUNSEL TO THE
10 COMMISSION OR THE SECRETARY SHALL BE FINAL AND NONAPPEALABLE.
11 (D) WHERE A COMPLAINT HAS BEEN DISMISSED OR THE FINAL
12 DECISION IS IN FAVOR OF THE PROFESSIONAL EDUCATOR, THE CHARGES
13 PERTAINING TO THE MATTER SHALL BE EXPUNGED FROM ANY PERSONAL OR
14 PROFESSIONAL FILE OF THE PROFESSIONAL EDUCATOR MAINTAINED BY THE
15 DEPARTMENT AND/OR THE LOCAL SCHOOL ENTITY.
16 Section 17 16. Unauthorized Release of Information.--(a) <--
17 Any member, staff member, or employee of the commission, the
18 Department of Education, or any local school entity who releases
19 or gives out information received at a commission meeting or
20 hearing or through the investigation of a professional educator
21 or through any disciplinary proceedings conducted pursuant to
22 this act, without authorization of the commission, is guilty of
23 a misdemeanor of the second degree.
24 (b) Any material witness or his or her representative who
25 releases or gives out information received at a commission
26 meeting or hearing involving disciplinary proceedings, or who
27 releases or gives out information obtained as a result of direct
28 involvement in the investigation of a professional educator or
29 in any disciplinary proceedings conducted pursuant to this act,
30 without authorization of the commission, is guilty of a
19890S0253B1245 - 21 -
1 misdemeanor of the second degree unless this information was
2 known to the material witness or his or her representative prior
3 to that meeting, hearing or investigation.
4 Section 18 17. Commission Proceedings and Procedures.--(a) <--
5 The commission shall conduct its proceedings in accordance with
6 the provisions of this act and Title 2 of the Pennsylvania
7 Consolidated Statutes (relating to administrative law and
8 procedure); if any inconsistency arises, the provisions of this
9 act shall be controlling. Any person is entitled to be heard by
10 the commission in person, in writing, or through his or her
11 designated representative, in accordance with procedures adopted
12 pursuant to this act. The commission shall enter as a matter of
13 record the minutes of each meeting, every vote taken by the
14 commission, and every official act of the commission.
15 (b) In all proceedings pending before it, the commission is
16 authorized to issue subpoenas as provided for by law to compel
17 the attendance and testimony of witnesses and the production of
18 books, records, documents and other evidentiary material.
19 (c) No commissioner shall vote in any case, either as a <--
20 member of a panel or as a member of the full commission, where:
21 (1) the professional educator who is the subject of the
22 proceeding is employed by the same school entity; or
23 (2) the professional educator is a member of a Statewide
24 professional educator organization of which the commissioner is
25 an officer, director or employee EMPLOYE. <--
26 Section 4. Section 10 of the act is amended to read:
27 Section [10] 19 18. Effective Date.--This act shall take <--
28 effect immediately.
29 Section 5. This act, with respect to the Professional
30 Standards and Practices Commission, constitutes the legislation
19890S0253B1245 - 22 -
1 required to reestablish an agency under the act of December 22,
2 1981 (P.L.508, No.142), known as the Sunset Act.
3 Section 6. The Professional Standards and Practices
4 Commission shall continue together with its statutory functions
5 and duties until December 31, 1994, when it shall terminate and
6 go out of existence unless reestablished or continued by the
7 General Assembly for an additional ten years. Evaluation and
8 review, termination, reestablishment and continuation of the
9 agency shall be conducted pursuant to the act of December 22,
10 1981 (P.L.508, No.142), known as the Sunset Act.
11 Section 7. The members of the existing Professional
12 Standards and Practices Commission, as of December 31, 1988,
13 shall continue to serve as members until their present terms of
14 office expire and until their successors are appointed and
15 qualified.
16 Section 8. Each rule and regulation of the Professional
17 Standards and Practices Commission in effect on December 31,
18 1988, shall remain in effect until repealed or amended by the
19 commission.
20 Section 9. The following acts or parts of acts are repealed:
21 Section 2(i) and (j) of the act of May 29, 1931 (P.L.210,
22 No.126), entitled "An act to regulate the certification and the
23 registration of persons qualified to teach in accredited
24 elementary and secondary schools in this State; imposing certain
25 duties upon the Department of Public Instruction and the State
26 Board of Education; defining violations; providing penalties,
27 and for appeal to the court of common pleas of Dauphin County."
28 Section 1211 of the act of March 10, 1949 (P.L.30, No.14),
29 known as the Public School Code of 1949.
30 Section 10. This act shall take effect as follows:
19890S0253B1245 - 23 -
1 (1) Section 1 (section 5(a)(8), (9), (10) and (11)),
2 section 3 (sections 9 through 18 17) and section 4 (section <--
3 19 18) shall take effect in 60 days. <--
4 (2) The remainder of this act shall take effect
5 immediately.
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