THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SMUCKER, PICCOLA, ERICKSON, RAFFERTY, WAUGH, ORIE, BRUBAKER, WILLIAMS AND BROWNE, MARCH 28, 2012

REFERRED TO EDUCATION, MARCH 28, 2012  

AN ACT

Amending the act of December 12, 1973 (P.L.397, No.141),

entitled "An act relating to certification of teachers in the

public schools of the Commonwealth and creating a

Professional Standards and Practices Commission," making

extensive substantive and editorial changes; and providing

for imposition of discipline on additional grounds, for

imposition of discipline on founded and indicated reports,

for confidentiality, for subpoenas and for disposition of

fees and fines collected.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1.1 and 1.2 of the act of December 12,

1973 (P.L.397, No.141), known as the Professional Educator

Discipline Act, added December 20, 2000 (P.L.918, No.123), are

amended to read:

Section 1.1.  Short Title.--This act shall be known and may

be cited as the [Professional] Educator Discipline Act.

Section 1.2.  Definitions.--When used in this act, the

following words and phrases shall have the following meanings:

"Administrator" shall mean [a person who is a commissioned

officer or holds a valid administrative certificate.] an

educator who holds a letter of eligibility, an administrative

certificate or a supervisory certificate or who serves in a

school entity in a position that supervises the academic

operations of a school building, a school program or a school

system.

"Certificate" shall mean any Commonwealth of Pennsylvania

certificate, letter of eligibility or permit issued under the

act of March 10, 1949 (P.L.30, No.14), known as the "Public

School Code of 1949," or under the act of January 28, 1988

(P.L.24, No.11), known as the "Private Academic Schools Act."

The term includes a certificate or letter of eligibility that is

invalid or inactive.

"Charter or cyber charter school" shall mean a school

established pursuant to Article XVII-A of the act of March 10,

1949 (P.L.30, No.14), known as the "Public School Code of 1949."

"Charter or cyber charter school staff member" shall mean an

individual employed by a charter or cyber charter school in a

position for which [State] certification would be required in a

public school other than a charter or cyber charter school but

who is not required to hold [State] certification under section

1724-A of the act of March 10, 1949 (P.L.30, No.14), known as

the "Public School Code of 1949." The term includes an

individual who is the chief administrator or the individual with

primary responsibility for the administration of the charter or

cyber charter school.

"Chief school administrator" shall mean the superintendent or

chief executive officer of a school district, the executive

director of an intermediate unit, the director of an area

vocational-technical school, the chief administrator of a

charter or cyber charter school, the director of a private

academic school or the chief administrator of any other entity

contracted to provide direct educational services to students

enrolled in a school district, intermediate unit, area

vocational-technical school, private academic school or charter

or cyber charter school.

"Commission" shall mean the Professional Standards and

Practices Commission.

"Contracted educational provider" shall mean a person who:

(1)  serves in a position for which certification would be

required in a public school but who is exempted under the act of

March 10, 1949 (P.L.30, No.14), known as the "Public School Code

of 1949"; and

(2)  is employed by an entity with which a school entity has

contracted to provide direct educational services to its

students or is an individual who directly contracts with a

school entity to provide educational services to its students.

"Department" shall mean the Department of Education of the

Commonwealth.

"Discipline" shall mean [any one of the following actions]

any of the following:

(1)  [Issue a private] Private reprimand.

(2)  [Issue a public] Public reprimand.

(3)  [Direct the department to suspend the certificate of a

professional educator] Suspension.

(4)  [Direct the department to revoke the certificate of a

professional educator] Revocation.

[(5)  For a charter school staff member, the term shall

include an order suspending the person's eligibility to be

employed by a charter school or prohibiting the person from

being employed by a charter school.

(6)  Accept a professional certificate surrendered in lieu of

discipline.]

(5)  Surrender.

[The commission may require a professional educator to meet

certain conditions or take corrective action in conjunction with

any discipline.]

"Educational specialist" shall mean a person who holds an

educational specialist certificate issued by the Commonwealth,

including, but not limited to, a certificate [endorsed] in the

area of elementary school counselor, secondary school counselor,

social restoration, school nurse, home and school visitor,

school psychologist, dental hygienist, instructional technology

specialist or nutrition service specialist.

"Educator" shall mean a person who holds a certificate, who

is a charter or cyber charter school staff member or who is a

contracted educational provider.

"Indictment" shall include a bill of indictment, police

criminal complaint, criminal information or other similar

document.

"Private academic school" shall mean a school that is

licensed to operate under the act of January 28, 1988 (P.L.24,

No.11), known as the "Private Academic Schools Act."

["Professional educator" shall mean a person who is

certificated as a teacher, educational specialist or an

administrator in the Commonwealth.]

"Revocation" shall mean the termination of a certificate or

eligibility to be employed in a charter or cyber charter school

or any other entity contracted to provide educational services

to students enrolled in a school district, intermediate unit,

area vocational-technical school, private academic school or

charter or cyber charter school.

"School entity" shall mean a school district, intermediate

unit [or], area vocational-technical school, charter [school,

Scotland School for Veterans' Children, Scranton State School

for the Deaf and Thaddeus Stevens College of Technology] or

cyber charter school, private academic school or any other

entity contracted to provide educational services to students

enrolled in a school district, intermediate unit, area

vocational-technical school, private academic school or charter

or cyber charter school.

"Secretary" shall mean the Secretary of Education of the

Commonwealth.

"Sexual abuse or exploitation" shall [mean the employment,

use, persuasion, inducement, enticement or coercion of a child

or student to engage in or assist any other person to engage in

any sexually explicit conduct or a simulation of any sexually

explicit conduct for the purpose of producing a visual

depiction, including photographing, videotaping, computer

depicting or filming, of any sexually explicit conduct or

conduct that constitutes an offense under 18 Pa.C.S. Ch. 31

(relating to sexual offenses) or section 6312 (relating to

sexual abuse of children) or other forms of sexual exploitation

of children or students.] have the meaning given to the term by

23 Pa.C.S. Ch. 63 (relating to child protective services).

"Sexual misconduct" shall mean any act, including, but not

limited to, any verbal, nonverbal, written or electronic

communication or physical activity, directed toward or with a

child or a student regardless of the age of the child or student

that is designed to establish a romantic or sexual relationship

with the child or student. Such prohibited acts include, but are

not limited to, the following:

(1)  sexual or romantic invitations;

(2)  dating or soliciting dates;

(3)  engaging in sexualized or romantic dialogue;

(4)  making sexually suggestive comments;

(5)  self-disclosure or physical exposure of a sexual,

romantic or erotic nature; or

(6)  any sexual, indecent, romantic or erotic contact with

the child or student.

The consent of a child or a student to engage in sexual

misconduct may not be a defense or a mitigating factor in any

discipline proceeding under this act.

"State Board" shall mean the State Board of Education.

"State Board of Private Academic Schools" shall mean the

departmental administrative board as established by the act of

January 28, 1988 (P.L.24, No.11), known as the "Private Academic

Schools Act."

"Student" shall mean an individual enrolled in a public,

nonpublic, nonlicensed, private or charter or cyber charter

school, intermediate unit or area vocational-technical school or

in any other entity contracted to provide direct educational

services to students enrolled in a school district, intermediate

unit, area vocational-technical school, private academic school

or charter or cyber charter school.

"Supplemental sanctions" shall mean private or public

disciplinary sanctions that focus on remediation or restitution,

including, but not limited to, fees, fines, prescribed

coursework, evaluations, treatment plans, impaired educator

programs and other corrective action plans.

"Surrender" shall mean the termination by consent of a

certificate or eligibility to be employed by a charter or cyber

charter school or contracted educational provider whenever the

certificate or eligibility is surrendered to the department

after the educator receives notice of allegations of misconduct

by a school entity, after the educator is dismissed for cause by

a school entity, after the educator resigns, retires or

otherwise separates from employment after the school entity

receives notice of misconduct, after the educator is removed

from any employment eligibility lists, including substitute or

guest teacher lists, after the department receives a report

concerning the educator under section 9.1, after the department

receives a complaint concerning the educator under section 9 or

after the educator is indicted or charged for a crime set forth

in section 111(e)(1) through (3) of the act of March 10, 1949

(P.L.30, No.14), known as the "Public School Code of 1949," a

crime involving moral turpitude or the attempt, solicitation or

conspiracy to commit any crime set forth in section 111(e)(1)

through (3) of the "Public School Code of 1949" or any crime

involving moral turpitude.

"Suspension" shall mean the temporary termination of a

certificate or eligibility to be employed in a charter or cyber

charter school or any other entity contracted to provide direct

educational services to students enrolled in a school district,

intermediate unit, area vocational-technical school, private

academic school or charter or cyber charter school for a

specific period of time, for an indefinite period of time or

until specific conditions are met.

["Teach" shall mean to engage in the practice of teaching in

the public schools of the Commonwealth or to provide related

educational specialist, administrative or supervisory services

in such schools.]

"Teacher" shall mean [a] any person who holds a [valid]

Pennsylvania teaching certificate[.] or who is employed as a

contracted educational provider or by a charter or cyber charter

school in a position for which certification would be required

in a public school other than a charter or cyber charter school,

but who is not required to hold certification under the act of

March 10, 1949 (P.L.30, No.14), known as the "Public School Code

of 1949."

Section 2.  Section 2 of the act is amended to read:

Section 2.  Certification Requirements.--No [person shall

teach in a public school] educator shall be employed by a school

entity in the Commonwealth unless he has met the certification

requirements which are applicable to the institution in which he

is employed as established by the State Board [of Education

which are applicable to the institution where he is employed],

the State Board of Private Academic Schools or the department.

An educator whose certificate or eligibility to be employed as a

contracted educational provider or by a charter or cyber charter

school has been revoked, suspended or surrendered is not

eligible for employment in a school entity or eligible for any

certificate until the certificate or eligibility is reinstated

in accordance with this act.

Section 3.  Sections 3, 4, 5 and 6 of the act, amended

December 20, 2000 (P.L.918, No.123), are amended to read:

Section 3.  Professional Standards and Practices

Commission.--(a)  There is hereby created a Professional

Standards and Practices Commission consisting of thirteen

members appointed by the Governor with the advice and consent of

a majority of the members elected to the Senate.

(b)  The term of office of members of the commission shall be

three years [except that:], with members serving fixed and

staggered terms so that in the first two of every three years,

the terms of four members expire, and in the third of every

three years, the terms of five members expire.

[(1)  the terms of office of four members appointed in the

calendar year 2000 shall expire on the third Tuesday of January

2001;

(2)  the terms of office of four members appointed in the

calendar year 2000 shall expire on the third Tuesday of January

2002; and

(3)  the terms of office of five members appointed in the

calendar year 2000 shall expire on the third Tuesday of January

2003.]

(c)  Vacancies shall be filled for an unexpired term in the

same manner as original appointments. No person shall serve for

more than two consecutive terms as a member of the commission;

however, members may continue to serve after the expiration of

their term until a replacement appointed by the Governor is

confirmed. The Governor may remove any member from the

commission for misconduct or malfeasance in office, incapacity,

or neglect of duty. All members of the commission shall be

residents of the Commonwealth of Pennsylvania.

Section 4.  Membership and Qualifications.--(a)  The

membership of the Professional Standards and Practices

Commission shall consist of:

(1)  [Seven classroom teachers, including one educational

specialist, broadly representative of the teaching profession

from public schools] Six classroom teachers broadly

representative of the education profession, with not more than

one from a school entity other than a public school.

(2)  Three administrators from [public schools] a school

entity, at least one of whom shall be a commissioned officer and

one a principal, with not more than one from a school entity

other than a public school.

(3)  One administrator from an approved institution of higher

learning in the Commonwealth offering approved teacher education

programs.

(4)  Two members from the general public, at least one of

whom shall be an elected public school director.

(5)  One educational specialist.

(b)  Except for the representatives of the general public,

the Governor in making appointments shall consider

recommendations from panels of nominees submitted by Statewide

educational organizations [of professional educators] which

certify that the panels include only representatives of the

category of professional personnel for which the panel or panels

of nominees are submitted. However, the Governor shall not be

limited to nominating members of Statewide organizations for

appointments to the commission.

(c)  All members of the commission except the persons

representing the general public shall have been actively engaged

in teaching or providing related educational, administrative or

supervisory services in a [public school] school entity or

approved institution of higher education with approved teacher

education programs for at least five of the eight years

immediately preceding their appointment. A person appointed to

the commission who leaves the Commonwealth to become domiciled

in another state shall have his position on the commission

deemed vacated. A person whose status changes to a category

different from that for which that person was appointed may

continue to serve on the commission for the remainder of that

person's appointment or until replaced.

(d)  The chairman of the State Board [of Education], or a

member of the [board] State Board designated by the chairman,

shall be an ex officio member of the commission without voting

privileges.

(e)  The members of the commission, employes of the

commission and agents of the commission shall in all of their

deliberations consider the public interest, including ensuring

the health, safety and welfare of students or other individuals

in school entities.

Section 5.  Power and Duties.--(a)  The Professional

Standards and Practices Commission shall have the power and its

duty shall be:

(1)  To recommend to the State Board [of Education] rules and

regulations defining positions for which certification should be

required and criteria to determine qualifications, consistent

with this act, necessary to hold such a certificate.

(2)  To recommend to the State Board [of Education] rules and

regulations providing for making a certificate permanent upon

evidence of such teaching experience and additional preparation

as may by rule be required.

(3)  To recommend to the State Board [of Education] rules and

regulations providing for [the Department of Education] the

department's investigation and determination of the

acceptability of programs of professional education in colleges

and universities of this Commonwealth issuing degrees to persons

who may desire to teach in the schools of this Commonwealth. The

commission may recommend as its own, with or without

modification, standards used by other organizations engaged in

the evaluation of teacher preparation programs. In

[establishing] recommending standards pursuant to this clause,

the commission shall consider, among other factors, the

following:

(i)  Ongoing research and developing theories in education.

(ii)  The knowledge and skills necessary to effectively

perform professional education functions.

(iii)  The liberal arts and general education requirements

that are the foundation of a teacher preparation program.

(iv)  The value of student [teacher] teaching, laboratory

work and other professional experience as preparation for

certification.

(v)  The cultural and demographic diversity of relevant

student populations.

(vi)  Other interests of the public.

The commission shall assess the effectiveness of educator

preparation programs and recommend changes to the State Board

[of Education] as indicated by such evaluations.

(4)  To recommend to the State Board [of Education] changes

in teacher education programs based on commission conducted

assessments of these programs.

(5)  To recommend to the State Board [of Education] rules and

regulations providing for acceptance or approval of certificates

to teach issued by other states, countries and bodies.

(6)  To recommend to the State Board [of Education] rules and

regulations providing for the department to enter into

agreements with agencies of other states for reciprocal approval

of teacher preparation programs.

(7)  To recommend to the State Board [of Education] rules and

regulations governing examinations for the initial certification

of teachers.

(8)  To cooperate with a national board for professional

education certification recognized by the commission to such

degree as, in the commission's judgment, shall bring advantage

to the Commonwealth.

(9)  To establish procedures for [conducting hearings

pursuant to section 13 and for hearings regarding reinstatement

of certificates] the commission's adjudication of educator

misconduct and applications for reinstatement and for conducting

public hearings, including the imposition of fines and fees.

(9.1)  To adopt requirements regarding the submission of

reports by the department on the processing of complaints in

order to ensure the timely and effective resolution of

complaints.

(10)  To adopt and maintain a code for professional practice

and conduct that shall be applicable to any educator as defined

in this act, pursuant to the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law. Nothing

in the code for professional practice and conduct shall be an

independent basis for [the suspension or revocation of a

certificate] discipline other than a public or private

reprimand, nor shall it pertain to questions of membership or

affiliation or nonaffiliation in an employe organization, or

participation in the actions of an employe organization, or

participation or nonparticipation in the actions of an employe

organization related to the negotiation of a collective

bargaining agreement, a strike or other work stoppage as defined

under the act of July 23, 1970 (P.L.563, No.195), known as the

"Public Employe Relations [Act," provided that the code may

specify those sections the violation of which may constitute a

basis for reprimand.] Act."

[(11)  To discipline any professional educator or charter

school staff member found guilty upon hearings before the

commission of immorality, incompetency, intemperance, cruelty or

negligence or for violation of any provision of the act of May

29, 1931 (P.L.210, No.126), entitled, as amended, "An act to

regulate the certification and the registration of persons

qualified to teach in accredited elementary and secondary

schools in this State; imposing certain duties upon the

Department of Public Instruction and the State Board of

Education; defining violations; providing penalties, and for

appeal to the court of common pleas of Dauphin County." The

commission shall establish definitions consistent with this

clause.]

(11.1)  To direct the department to [suspend or revoke the

certificate of a professional educator or charter school staff

member] discipline any educator in accordance with section 9.2,

9.3, 9.4 or 9.5.

(11.2)  To impose conditions, corrective action, fines or

fees for violations of this act or for reinstatement, including

requiring an educator, at the educator's own expense, to submit

to the evaluation or care, counseling or treatment of a

physician, psychologist, therapist or psychiatrist as designated

by the commission or enter an impaired educator program or

similar program approved by the commission.

(11.3)  To issue subpoenas in accordance with procedures set

forth in this act.

(12)  To establish procedures which assure that actions

concerning discipline and reinstatement of [professional]

educators shall comply with due process.

(12.1)  To establish and participate in alternative dispute

resolution programs to allow for flexibility, early resolution

and cooperation in resolving charges filed under section 13.

(12.2)  To develop outreach programs, professional

development and courses designed to improve the quality of

practice and ethical conduct in the teaching profession.

(13)  To keep minutes of its meetings and report annually to

the Governor, the General Assembly, the State Board [of

Education], the education profession and the public and to

publish, from time to time, such other reports as it deems

appropriate.

(14)  To adopt, pursuant to the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, operating and procedural rules and regulations necessary to

carry out the purposes of this act. The commission shall hold

public hearings and take testimony concerning proposed

recommendations which shall be presented to the State Board [of

Education].

(a.1)  Nothing in this act shall be construed to prevent

organizations of the education profession from adopting measures

designed to improve the standards and practices of ethics and

academic freedom among their members and in their relationships

with other persons and groups.

(b)  All teachers' certificates in force in this Commonwealth

on [the effective date of this amendatory act] February 17,

2001, shall continue in full force and effect, subject to all

the terms and conditions under which they were issued, until

they expire by virtue of their own limitations, unless they are

sooner annulled for the reasons and in the manner provided by

law.

(c)  Recommendations as outlined in subsection (a) shall be

presented publicly at a scheduled State Board [of Education]

meeting. This presentation shall be prior to any board action on

regulations, standards or guidelines affecting teacher

certification, professional practices, accreditation of teacher

education programs and long range plans.

Section 6.  Organization and Meetings of the Commission.--(a)

The Governor shall annually select a chairman from among the

membership of the commission. The chairman, or a commission

member designated by the chairman, shall be an ex officio member

of the State Board [of Education] without voting privileges or

assignment to either council.

(b)  Meetings shall be held at least five times per year at

the call of the chairman or upon request in writing of a

majority of the commission. A majority shall constitute a quorum

and a majority of such quorum shall have authority to act upon

any matter properly before the commission unless otherwise

specified in this act. [In the case of the discipline of an

administrator, the commission shall act by a majority vote of a

special panel of at least nine members selected by the chairman,

to include no more than three teachers. The first meeting of the

commission shall be held within six months of the effective date

of this act.] Meetings of the commission shall be open to the

public and the executive director of the commission shall be

responsible for seeing that notices of meetings of the

commission are properly circulated.

Section 4.  Sections 7 and 8 of the act, amended December 14,

1989 (P.L.612, No.71), are amended to read:

Section 7.  Expenses.--Members of the commission shall

receive no compensation for their services, but shall be

reimbursed for their actual and necessary expenses incurred in

the performance of official commission business. A member of the

commission, who is an employe of an agency of the Commonwealth,

or any of its political subdivisions [including school

districts], or of a school entity, shall be permitted to attend

commission meetings and perform other commission duties without

loss of income or other benefits. A State agency or any

political subdivision of this Commonwealth, including a school

entity, required to employ a substitute for a member of the

commission who is absent from his employment while performing

commission business shall be reimbursed by the [Department of

Education] department from funds appropriated for the general

government operations of the [Department of Education]

department for the actual amount of any costs incurred upon

presentation of a request for reimbursement and documentation of

such cost. A member of the commission who is employed by a

private employer shall be reimbursed by the [Department of

Education] department, from funds appropriated for the general

government operations of the [Department of Education]

department, for any income lost, pursuant to guidelines

established by the commission, as a result of attendance at

commission meetings or performance of other official commission

duties upon presentation of a request for reimbursement and

documentation of such loss.

Section 8.  Commission Staff.--(a)  There shall be an

executive director of the commission who shall serve as the

executive officer and secretary of the commission. The

commission and the secretary shall jointly employ and fix the

compensation of the executive director. The executive director,

with approval of the commission and the secretary, may employ

additional professional and clerical personnel as may be

necessary to carry out the duties and responsibilities of the

commission. The [Department of Education] department shall

provide adequate space and equipment to facilitate the

activities of the commission.

(b)  The Governor, through his General Counsel, shall provide

such legal advice and assistance as the commission may require.

Section 5.  Sections 9, 9.1 and 9.2 of the act, amended or

added December 20, 2000 (P.L.918, No.123), are amended to read:

Section 9.  Complaints and Department Investigations.--(a)

[A proceeding to discipline a professional educator shall be

initiated by the filing of a complaint with the department by

any interested party within one year from the date of the

occurrence of any alleged action specified under section

5(a)(11), or from the date of its discovery. Complaints

involving sexual abuse or exploitation of a child or a student

may be filed beyond the date of the alleged occurrence or date

of its discovery up until five years after the child or student

reaches 18 years of age. If the alleged action is of a

continuing nature, the date of its occurrence is the last date

on which the conduct occurred.] The filing of a written educator

misconduct complaint with the department will initiate the

department's review and investigation of an educator.

(b)  For purposes of this act, the department may file an

educator misconduct complaint.

(c)  The department may by regulation prescribe standards for

the filing of complaints. The complaint shall, at a minimum:

(1)  be in a written form prescribed by the department;

(2)  specify the nature and character of the [charges]

allegations of misconduct; and

(3)  be verified [under oath by the complaining party] by the

complainant or a duly authorized agent of the [complaining

party] complainant and made subject to the penalties of 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities).

(d)  The commission[, and its individual members,] may not

file a complaint [or initiate a disciplinary proceeding on their

own motion, except that if,]. If an individual commissioner in

the performance of [commission business, the commission, or any

of its individual members,] his or her professional

responsibilities as an employe of a school entity uncovers

evidence of educator misconduct that would appear to [require

discipline, the commission may transmit such evidence to the

department where such evidence will be treated as] warrant

discipline under this act, the individual commissioner may file 

a complaint in accordance with the provisions of this act.

[(f)] (e)  Upon receipt of a complaint, the department shall

promptly review it and all other complaints and information

relating to the [professional] educator.

(1)  If the facts alleged are not legally sufficient to

warrant discipline under this act, the department shall dismiss

the complaint and provide written notice of such dismissal to

the [complaining party and to the affected professional]

complainant and to the educator.

(2)  If the facts alleged are deemed legally sufficient to

warrant discipline[, the department shall notify the affected

professional educator and the complaining party in writing of

the sufficiency of the complaint and] under this act, the

department shall provide written notice of the legal sufficiency

of the complaint to the educator, the current and former school

entity in which the educator is or was employed and the

complainant.

(2.1)  If the facts alleged are deemed legally sufficient to

warrant discipline, the department may conduct a preliminary

investigation to determine whether there is probable cause to

believe that grounds for discipline exist. The department shall

be provided, upon request to the complainant, the educator and

the current and former school entity in which the educator is or

was employed, any [documents] relevant information and

documentary and physical evidence it may reasonably require in

pursuit of its preliminary investigation. [Such request shall be

made in writing to the professional educator or the current or

prior employer.]

(3)  If the department determines that probable cause does

not exist, [it shall issue a written notice to the affected

professional educator, the complaining party and the current or

prior employer if the employer was notified of the complaint. If

a finding of probable cause is made, the department shall so

notify the affected professional educator and the complaining

party and may immediately conduct an investigation pursuant to

section 12 or transmit its preliminary findings to the local

school governing board of the school entity in which the

affected professional educator is or was last serving, to allow

the local school board to investigate and comment upon the

appropriateness of professional discipline.] the department

shall dismiss the complaint and provide a written notice of such

dismissal to the educator, the complainant and the current and

former school entity in which the educator is or was employed.

(4)  If the department determines that probable cause exists,

the department shall provide written notice to the educator, the

complainant and the current and former school entity in which

the educator is or was employed and may immediately conduct an

investigation, which may include directing the school entity to

investigate and comment upon the appropriateness of professional

discipline in accordance with section 11.

(f)  In conducting its investigations under this act, the

department may investigate any and all allegations of misconduct

in the complaint or complaints and any other misconduct

concerning the educator that is discovered in the course of the

investigations.

Section 9.1.  [Reporting to Department] Mandatory

Reporting.--(a)  The [superintendent, assistant superintendent,

executive director of an intermediate unit, chief administrator

of an area vocational-technical school, administrator of a

charter school or their designees shall report any] chief school

administrator or his designee shall file all of the following

[to] with the department in writing on a form prescribed by the

department:

(1)  [The dismissal of a certificated employe] Any educator

who has been provided with notice of intent to dismiss or of

nonrenewal for cause. The report shall be filed within [30] 15 

days after [an administrative decision by an arbitrator or the

local board of school directors] notice is provided by a school

entity.

(2)  [Conduct that has resulted in a criminal indictment or

conviction for a crime set forth in section 111(e)(1) through

(3) of the act of March 10, 1949 (P.L.30, No.14), known as the

"Public School Code of 1949," or other crime that involves moral

turpitude. The report shall be filed within 30 days of the

receipt of information and shall include all available

information relating to the conduct resulting in the charge or

conviction.] Any educator who has been indicted for or convicted

of any crime that is graded a misdemeanor or felony. For

purposes of this section, the term conviction shall include a

plea of guilty or nolo contendere. The report shall be filed

within 15 days of discovery of the indictment or conviction.

(3)  [Information which constitutes reasonable cause to

believe that a certificated employe has] Any educator against

whom allegations have been made that the educator has:

(i)  caused physical injury to a student or child as a result

of negligence or malice [or has];

(ii)  committed sexual abuse or exploitation involving a

student or child[.]; or

(iii)  engaged in sexual misconduct with a student or child.

The report shall be filed within [60] 15 days of the [receipt of

the information.] discovery of the allegations of misconduct.

(4)  Any educator who has resigned, retired or otherwise

separated from employment after a school entity has received

notice of alleged misconduct. The report shall be filed within

15 days of the separation from employment, notwithstanding any

termination agreement to the contrary that the school entity may

enter into with the educator.

[(b)  The superintendent, assistant superintendent, executive

director of an intermediate unit, chief administrator of an area

vocational-technical school and administrator of a charter

school or their designees shall comply with the provisions of

subsection (a). Failure to comply shall be deemed a violation of

subsection (a) by the chief school administrator of that school

entity and may result in disciplinary action against the chief

school administrator.]

(c)  An educator who is indicted for or convicted of any

crime graded as a misdemeanor or felony shall report the

indictment or conviction to the school entity at which the

educator is currently employed within 72 hours of the indictment

or conviction.

(d)  All reports submitted to the department shall include

all information and documentary and physical evidence in

possession or control of the school entity relating to the

misconduct resulting in the report.

Section 9.2.  [Imposition of Discipline.--] Discipline for

Criminal Offenses.--(a)  The commission shall [do all of the

following regarding suspension or revocation of a professional

certificate]:

(1)  Direct the department to immediately suspend the

certificate [of a professional] and employment eligibility of an 

educator indicted for a crime set forth in section 111(e)(1)

through (3) of the act of March 10, 1949 (P.L.30, No.14), known

as the "Public School Code of 1949," or the attempt,

solicitation or conspiracy to commit any crime set forth in that

section if the commission, after notice and hearing if

requested, determines that the [professional] educator poses a

threat to the health, safety or welfare of [a student] students 

or other [individual in a school] persons in the schools of this

Commonwealth in accordance with the following:

(i)  Within 15 days of [the receipt] service of notice of

charges issued by the department, the [professional] educator

may request a hearing before the commission on the question of

whether the certification or employment eligibility should be

immediately suspended. The commission or a [committee] panel of

members of the commission shall hold a hearing within 15 days of

the receipt of the request for hearing. If the educator fails to

request a hearing, the commission or a panel of members of the

commission promptly shall convene a meeting to consider the

request for immediate suspension. The commission or [committee]

panel shall issue a decision within 20 days after the conclusion

of the meeting or hearing, including receipt of the transcript

or filing of any briefs. The [professional] educator may appeal

the decision of the commission pursuant to section [15] 15(a),

except that an appeal filed shall not operate as a stay of the

discipline.

(ii)  The commission may elect not to direct the department

to suspend the certificate [of a professional] and employment

eligibility of any educator indicted for a crime under this

subsection if the [professional] educator files an affidavit

attesting that during the pendency of the criminal [charge the

professional] proceeding the educator will not be employed in a

position that requires [professional] certification or involves

direct contact with children or students. The commission shall

not accept an affidavit when the allegations that form the basis

of the criminal proceeding involve sexual misconduct or sexual

abuse or exploitation of a student or child.

(iii)  The commission shall direct the department to

immediately lift a suspension upon receipt of certified court

documents establishing that the charges have been dismissed or

otherwise removed.

(iv)  [The commission may reinstate the certificate of a

professional] Upon petition by the educator, the commission may

direct the department to reinstate the certificate and

employment eligibility of an educator suspended under this

paragraph or release the [professional] educator from an

affidavit under subparagraph (ii) if the [professional educator

participates in] educator successfully completes an accelerated

rehabilitative disposition program as a result of the indictment

and the commission determines that the [professional] educator

does not pose a threat to the health, safety or welfare of

students or other individuals in a school. The commission shall

conduct an expedited hearing, if requested, for an applicant for

reinstatement or release under this subparagraph.

[Notwithstanding the provisions of this subparagraph, an

applicant shall not be reinstated if the indictment was for an

offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses)

where the victim is a minor.]

(2)  Direct the department to revoke the certificate [of a

professional] and employment eligibility of an educator who has

been convicted of a crime set forth in section 111(e)(1) through

(3) of the "Public School Code of 1949," [or] a crime involving

moral turpitude, [or] an equivalent crime in Federal court or a

court of another state, territory or nation[,] or the attempt,

solicitation or conspiracy to commit any crime set forth in this

section upon the filing of a certified copy of the verdict or

judgment or sentence of the court with the commission. The

commission shall direct the department to immediately reinstate

a certificate and employment eligibility upon receipt of

certified court documents establishing that the conviction was

reversed on appeal. For purposes of this paragraph, the term

"conviction" shall include a plea of guilty or nolo contendere.

[(3)  Direct the department to discipline a professional

educator upon receipt of a certified copy of an adjudication

from the appropriate licensing authority in another state,

territory or nation imposing discipline for grounds, other than

a conviction under paragraph (2), that are comparable to grounds

for discipline under this act. Upon receipt of the adjudication,

the commission shall issue an order directing that the

professional educator show cause why the imposition of identical

or comparable discipline in this Commonwealth would be

unwarranted. The professional educator shall respond within 30

days of receipt of the order. The final adjudication by an

appropriate licensing authority of another jurisdiction shall be

conclusive as to the misconduct of a professional educator under

this act. Within 30 days after the time alloted for the

professional educator to respond to the order to show cause, the

commission may impose the identical or comparable discipline

unless the professional educator demonstrates that:

(i)  the discipline would result in a grave injustice;

(ii)  the discipline is substantially different from what

would have been imposed for similar conduct in this

Commonwealth; or

(iii)  the procedure used in the other jurisdiction did not

provide due process.

(4)  Direct reinstatement of a certificate revoked, suspended

or surrendered in lieu of discipline in accordance with this

act.]

(b)  Nothing in this section shall be construed to prevent

the department from pursuing discipline under this act against

any educator who has been acquitted, who has participated in an

alternative disposition program or for whom the criminal charges

were otherwise withdrawn or dismissed.

Section 6.  The act is amended by adding sections to read:

Section 9.3.  Imposition of Discipline on Additional

Grounds.--(a)  The commission shall direct the department to

impose discipline against any educator for conduct found by the

commission to constitute:

(1)  Immorality.

(2)  Incompetency.

(3)  Intemperance.

(4)  Cruelty.

(5)  Negligence.

(6)  Sexual misconduct.

(7)  Sexual abuse or exploitation.

(8)  A violation of the code for professional practice and

conduct adopted pursuant to section 5(a)(10).

(9)  Illegal use of professional title as set forth in the

act of May 29, 1931 (P.L.210, No.126), entitled "An act to

regulate the certification and the registration of persons

qualified to teach in accredited elementary and secondary

schools in this State; imposing certain duties upon the

Department of Public Instruction and the State Board of

Education; defining violations; providing penalties, and for

appeal to the court of common pleas of Dauphin County."

(10)  Failure to comply with duties under this act, including

the mandatory reporting duties set forth in section 9(a).

(11)  Failure to file reports under the act of March 10, 1949

(P.L.30, No.14), known as the "Public School Code of 1949."

(12)  Actions taken by an educator to threaten, coerce or

discriminate or otherwise retaliate against an individual who in

good faith reports actual or suspected misconduct under this act

or against complainants, victims, material witnesses or other

individuals participating or cooperating in proceedings under

this act.

(b)  The commission shall establish definitions consistent

with this section.

Section 9.4.  Imposition of Discipline on Founded and

Indicated Reports.--(a)  The commission shall:

(1)  Direct the department to revoke the certificate and

employment eligibility of an educator who is named as the

perpetrator of a founded report of child abuse or named as an

individual responsible for injury or abuse in a founded report

for a school employe under 23 Pa.C.S. Ch. 63 (relating to child

protective services) upon receipt of a certified copy of the

founded report.

(2)  Direct the department to discipline an educator who is

named as the perpetrator of an indicated report of child abuse

or named as an individual responsible for injury or abuse in an

indicated report for a school employe under 23 Pa.C.S. Ch. 63.

Upon receipt of a certified copy of the indicated report after

final determination by the Department of Public Welfare, the

department shall issue an order directing that the educator show

cause why the revocation of the educator's certificate and

employment eligibility would be unwarranted. The educator shall

respond within 30 days of service of the order. The indicated

report shall be conclusive evidence of immorality as defined

under this act. The commission shall order the revocation of the

educator's certificate and employment eligibility unless the

educator demonstrates that:

(i)  the revocation would result in a grave injustice; or

(ii)  the procedure used in the administrative procedure

under 23 Pa.C.S. Ch. 63 did not provide due process.

(3)  Direct the department to immediately reinstate a

certificate and employment eligibility upon receipt of a

certified document establishing that a founded or indicated

report of child abuse or founded or indicated report for a

school employe was reversed or determined to be unfounded.

(b)  Nothing in this section shall be construed to prevent

the department from pursuing discipline under this act against

any educator for whom a founded or indicated report of child

abuse or founded or indicated report for a school employe was

reversed or determined to be unfounded.

Section 9.5.  Reciprocal Discipline.--(a)  Upon receipt of a

certified copy of an adjudication from the appropriate licensing

authority in another state, territory or nation imposing

discipline for grounds, other than a conviction under section

9.2, that are comparable to the grounds for discipline under

this act, the department may issue an order directing that the

educator show cause why the imposition of identical or

comparable discipline in this Commonwealth would be unwarranted.

The final adjudication by an appropriate licensing authority of

another jurisdiction shall be conclusive as to the misconduct of

an educator under this section. The educator shall respond

within 30 days of service of the order to show cause. The

commission may direct the department to impose the identical or

comparable discipline unless the educator demonstrates that:

(1)  the discipline would result in a grave injustice;

(2)  the discipline is substantially different from what

would have been imposed for similar conduct in this

Commonwealth; or

(3)  the procedure used in the other jurisdiction did not

provide due process.

(b)  Nothing in this section shall be construed to prevent

the department from pursuing discipline against any educator

disciplined in another state, territory or nation under other

sections of this act.

Section 7.  Section 10 of the act, amended December 20, 2000

(P.L.918, No.123), is repealed:

[Section 10.  Confidentiality.--(a)  All information relating

to any complaints, including the identity of the complainant, or

any proceedings relating to or resulting from such complaints,

shall remain confidential, unless or until discipline, other

than a private reprimand, is ordered, any provision of law to

the contrary notwithstanding. Should proceedings, after all

appeals, result in discipline, other than private reprimand,

such discipline and all records pertaining thereto shall become

public. There shall be no ex-parte communication on any pending

matter regarding discipline.

(b)  This section shall not prohibit any person from

disclosing information previously made public as a result of

action by a school entity to dismiss a certified employe for

cause or as a result of a certified employe having been formally

charged with or convicted of a crime of moral turpitude or

another offense requiring mandatory revocation of a certificate.

(c)  The provisions of this section shall not apply to

reinstatements.

(d)  Nothing in this section shall be construed to deny a

professional educator access to information necessary to prepare

a defense in a disciplinary proceeding under this act.]

Section 8.  Sections 11, 12, 13, 14, 15 and 16 of the act,

amended December 20, 2000 (P.L.918, No.123), are amended to

read:

Section 11.  Duties of [Local School Board Officials] School

Entities.--(a)  Upon receipt of [the preliminary findings]

notification in writing from the department, a [local school

board shall investigate] school entity shall investigate the

allegations of misconduct as directed by the department and may

pursue the local disciplinary procedures established by law or

by collective bargaining agreement for adjudication of

complaints against [professional educators. The local school

board shall inform the department within 90 days of receipt of

the preliminary findings whether the local school board will

pursue disciplinary action and whether the board believes that

professional disciplinary action by the commission is warranted]

an educator.

(b)  [The school board, when its local investigation is

completed, may make a definite] Within 90 days of receipt of the

written notification from the department directing the school

entity to conduct an investigation, the school entity shall

inform the department of the outcome of its investigation and

whether it will pursue local employment action and may make a 

recommendation concerning discipline[. The school board shall

notify the affected professional educator of any such

recommendation and shall provide to the department] under this

act. In reporting the outcome of its investigation, the school

entity shall provide the department with:

(1)  Its findings [and], a summary of the evidence gathered

and all documentary and physical evidence related to the

allegations of misconduct.

(2)  Any other relevant information which the department may

request, including information related to individuals

interviewed by the [local school board.] school entity.

(b.1)  If the school entity makes a recommendation concerning

discipline, it shall notify the educator of such recommendation.

(c)  A school [district, intermediate unit, area vocational-

technical school or charter school,] entity and any official or

employe thereof[,] shall cooperate with the department during

[all stages of the disciplinary process.] its review,

investigation or prosecution and provide the department with any

relevant information and documentary and physical evidence that

the department may reasonably request.

(d)  When the department receives information at any time

during the course of its review, investigation or prosecution of

misconduct that the educator is currently employed by a school

entity not previously notified under this act, the department

shall notify the school entity of the complaint, investigation

and charges so that the school entity may exercise its duties

and rights under this act.

(e)  A school entity is prohibited from entering into any

agreement with an educator or educator association whereby a

school entity agrees not to comply with its mandatory reporting

duties or other duties outlined in this act. Any agreement or

provision of an agreement contrary to this subsection is void

and unenforceable.

Section 12.  Department Action After Investigation.--After

completion of [an] a preliminary or full investigation, the

department may dismiss the [charges] complaint, determine that

appropriate and sufficient punishment has been imposed by the

[local school board, or initiate hearing procedures] school

entity, participate in alternative dispute resolution process,

enter into a written settlement agreement with the educator or

initiate the formal adjudicatory hearing process with the filing

of charges with the commission. If the complaint is dismissed or

[it is determined that appropriate and sufficient punishment has

been imposed by the local school board] otherwise resolved

without the filing of charges with the commission, the

department shall inform the [professional] educator, the

complainant and the [local school board of the determination]

school entity of its resolution of the complaint.

Section 13.  Hearing.--(a)  Upon determination to initiate

[hearing procedures] the formal adjudicatory hearing process,

the department shall[,] within 30 days[,] send a written notice

to the [affected professional] educator advising of the charges

and of his right to request a hearing within 30 days of

[receipt] service of such notice. A copy of the written notice

of the charges shall be served upon the [professional educator's

current or prior employer] current and former school entity in

which the educator is or was employed. The notice of charges

shall set forth all acts or omissions which the department

asserts constitute misconduct and warrant discipline, which need

not be limited to the allegations in the complaint or

complaints, and may include allegations of misconduct that were

discovered in the course of the department's investigation of a

complaint or complaints.

(b)  Notwithstanding any other provision of this act, if the

department in its discretion determines that immediate

discipline is necessary to protect the health, safety or welfare

of students or other persons in the schools of this

Commonwealth, it [shall] may request that the commission modify

the procedure set forth in this section and schedule an

expedited hearing.

(c)  The hearing shall be held in accordance with the

following procedures unless otherwise specified in this act or

ordered by the commission:

(1)  Within [45] 15 days of receiving a request for a

hearing, the commission shall appoint a hearing officer from a

list of impartial third parties qualified to conduct such

hearings. The list shall have been previously agreed upon

jointly by the Governor's General Counsel and at least two-

thirds of the commission, and shall have at least five names

which shall be chosen on a rotating basis.

(2)  The burden of proof shall be on the department, which

shall act as prosecutor, to establish by a preponderance of the

evidence that grounds for discipline exist.

(3)  The [professional] educator against whom the [charge is]

charges are made shall have the right to be represented by

counsel and to present evidence and argument in accordance with

rules of procedure promulgated by the commission.

(4)  [The governing board of the school entity in which the

affected professional educator is or was last employed may

intervene, for cause shown, in accordance with 1 Pa. Code §

35.28] After the filing of charges against an educator with the

commission, the current or former school entity in which the

educator is or was employed may intervene in the disciplinary

proceeding. The hearing officer may limit the intervener's

participation in the hearing where appropriate. Admission as an

intervener shall not be construed as conferring full party