AN ACT

 

1Amending the act of December 12, 1973 (P.L.397, No.141),
2entitled "An act relating to certification of teachers in the
3public schools of the Commonwealth and creating a
4Professional Standards and Practices Commission," making
5extensive substantive and editorial changes; providing for
6imposition of discipline on additional grounds, for
7imposition of discipline on founded <-and indicated reports,
8for confidentiality, for subpoenas and for disposition of
9fees and fines collected; and establishing the Professional
10Educator Discipline Account.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Sections 1.1 and 1.2 of the act of December 12,
141973 (P.L.397, No.141), known as the Professional Educator
15Discipline Act, added December 20, 2000 (P.L.918, No.123), are
16amended to read:

17Section 1.1. Short Title.--This act shall be known and may
18be cited as the [Professional] Educator Discipline Act.

19Section 1.2. Definitions.--When used in this act, the
20following words and phrases shall have the following meanings:

1"Administrator" shall mean [a person who is a commissioned
2officer or holds a valid administrative certificate.] an 
3educator who holds a letter of eligibility, a commission, an 
4administrative certificate or a supervisory certificate or who 
5serves in a school entity in a position that supervises the 
6educational operations of a school building, a school program or 
7a school system.

8"Certificate" shall mean any Commonwealth of Pennsylvania
9certificate, commission, letter of eligibility or permit issued
10under the act of March 10, 1949 (P.L.30, No.14), known as the
11"Public School Code of 1949," or under the act of January 28,
121988 (P.L.24, No.11), known as the "Private Academic Schools
13Act." The term includes a certificate or letter of eligibility
14that is invalid or inactive as defined in 22 Pa. Code § 49.2
15(relating to inactivity and invalidity).

16"Charter or cyber charter school" shall mean a school
17established pursuant to Article XVII-A of the act of March 10,
181949 (P.L.30, No.14), known as the "Public School Code of 1949."

19"Charter or cyber charter school staff member" shall mean an
20individual employed by a charter or cyber charter school in a
21position for which [State] certification would be required in a
22public school other than a charter or cyber charter school but
23who is not required to hold [State] certification under section
241724-A of the act of March 10, 1949 (P.L.30, No.14), known as
25the "Public School Code of 1949." The term includes an
26individual who is an administrator, including the chief
27administrator or the individual with primary responsibility for
28the administration of the charter or cyber charter school.

29"Chief school administrator" shall mean the superintendent or 
30chief executive officer of a school district, the executive
 

1director of an intermediate unit, the director of an area 
2vocational-technical school, the chief administrator of a 
3charter or cyber charter school, the director of a private 
4academic school or the chief administrator of a contracted 
5educational provider.

6"Child" shall mean an individual who is less than 18 years of
7age.

8"Commission" shall mean the Professional Standards and
9Practices Commission.

10"Contracted educational provider" shall mean an individual or 
11an entity with which a school entity has contracted to provide 
12direct educational services to its students.

13"Contracted educational provider staff member" shall mean a
14person who:

15(1) serves in a position for which certification would be
16required in a public school; and

17(2) is employed by a contracted educational provider or by
18or in a school entity as an individual contracted educational
19provider.

20The term includes an individual who is an administrator, 
21including the chief administrator or the individual with primary 
22responsibility for the administration of a contracted 
23educational provider.

24"Department" shall mean the Department of Education of the 
25Commonwealth.

26"Discipline" shall mean [any one of the following actions]
27any of the following:

28(1) [Issue a private] Private reprimand.

29(2) [Issue a public] Public reprimand.

30(3) [Direct the department to suspend the certificate of a

1professional educator] Suspension.

2(4) [Direct the department to revoke the certificate of a
3professional educator] Revocation.

4[(5) For a charter school staff member, the term shall
5include an order suspending the person's eligibility to be
6employed by a charter school or prohibiting the person from
7being employed by a charter school.

8(6) Accept a professional certificate surrendered in lieu of
9discipline.]

10(5) Surrender.

11(6) Supplemental sanctions.

12[The commission may require a professional educator to meet
13certain conditions or take corrective action in conjunction with
14any discipline.]

15"Educational specialist" shall mean a person who holds an
16educational specialist certificate issued by the Commonwealth,
17including, but not limited to, a certificate [endorsed] in the
18area of elementary school counselor, secondary school counselor,
19social restoration, school nurse, home and school visitor,
20school psychologist, dental hygienist, instructional technology
21specialist or nutrition service specialist.

22"Educator" shall mean a person who holds a certificate, who
23is a charter or cyber charter school staff member or who is a
24contracted educational provider staff member.

25"Indictment" shall include a bill of indictment, police
26criminal complaint, criminal information or other similar
27document.

28"Private academic school" shall mean a school that is
29licensed to operate under the act of January 28, 1988 (P.L.24,
30No.11), known as the "Private Academic Schools Act."

1["Professional educator" shall mean a person who is
2certificated as a teacher, educational specialist or an
3administrator in the Commonwealth.]

4"Revocation" shall mean the termination of a certificate, the 
5termination of the eligibility to be employed as a charter or 
6cyber charter school staff member or the termination of the 
7eligibility to be employed as a contracted educational provider 
8staff member.

9"School entity" shall mean a school district, intermediate
10unit [or], area vocational-technical school, charter [school,
11Scotland School for Veterans' Children, Scranton State School
12for the Deaf and Thaddeus Stevens College of Technology] or 
13cyber charter school, private academic school or contracted 
14educational provider.

15"Secretary" shall mean the Secretary of Education of the 
16Commonwealth.

17"Sexual abuse or exploitation" shall [mean the employment,
18use, persuasion, inducement, enticement or coercion of a child
19or student to engage in or assist any other person to engage in
20any sexually explicit conduct or a simulation of any sexually
21explicit conduct for the purpose of producing a visual
22depiction, including photographing, videotaping, computer
23depicting or filming, of any sexually explicit conduct or
24conduct that constitutes an offense under 18 Pa.C.S. Ch. 31
25(relating to sexual offenses) or section 6312 (relating to
26sexual abuse of children) or other forms of sexual exploitation
27of children or students.] have the meaning given to the term by 
2823 Pa.C.S. Ch. 63 (relating to child protective services).

29"Sexual misconduct" shall mean any act, including, but not
30limited to, any verbal, nonverbal, written or electronic

1communication or physical activity, directed toward or with a
2child or a student regardless of the age of the child or student
3that is designed to establish a romantic or sexual relationship
4with the child or student. Such prohibited acts include, but are
5not limited to, the following:

6(1) sexual or romantic invitations;

7(2) dating or soliciting dates;

8(3) engaging in sexualized or romantic dialogue;

9(4) making sexually suggestive comments;

10(5) self-disclosure or physical exposure of a sexual,
11romantic or erotic nature; or

12(6) any sexual, indecent, romantic or erotic contact with
13the child or student.

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

15"State Board of Private Academic Schools" shall mean the
16departmental administrative board as established by the act of
17January 28, 1988 (P.L.24, No.11), known as the "Private Academic
18Schools Act."

19"Student" shall mean an individual enrolled in:

20(1) a public school, including an intermediate unit, area
21vocational-technical school and a charter or cyber charter
22school;

23(2) a private school, including a nonpublic, nonlicensed
24school, private academic school and accredited school; or

25(3) a contracted educational provider.

26"Supplemental sanctions" shall mean private or public
27disciplinary sanctions that focus on remediation or restitution,
28including, but not limited to, fees, fines, prescribed
29coursework, evaluations, treatment plans, impaired educator
30programs and other corrective action plans.

1"Surrender" shall mean the termination by consent of a 
2certificate or eligibility to be employed as a charter or cyber 
3charter school staff member or as a contracted educational 
4provider staff member whenever the surrender occurs at any time 
5after the issuance of the certificate or the employment in a 
6charter or cyber charter school or contracted educational 
7provider.

8"Suspension" shall mean the temporary termination of a 
9certificate, the temporary termination of the eligibility to be 
10employed as a charter or cyber charter school staff member or 
11the temporary termination of the eligibility to be employed as a 
12contracted educational provider staff member for a specific 
13period of time, for an indefinite period of time or until 
14specific conditions are met.

15["Teach" shall mean to engage in the practice of teaching in
16the public schools of the Commonwealth or to provide related
17educational specialist, administrative or supervisory services
18in such schools.]

19"Teacher" shall mean [a] any person who holds a [valid]
20Pennsylvania teaching certificate[.] or who is employed as a 
21contracted educational provider staff member or by a charter or 
22cyber charter school in a position for which certification would 
23be required in a public school other than a charter or cyber 
24charter school, but who is not required to hold certification 
25under the act of March 10, 1949 (P.L.30, No.14), known as the 
26"Public School Code of 1949."

27Section 2. Section 2 of the act is amended to read:

28Section 2. Certification Requirements.--(a) No [person 
29shall teach in a public school] educator shall be employed by a 
30school entity in the Commonwealth unless he has met the
 

1certification requirements which are applicable to the position 
2in the institution in which he is employed as established by the 
3State Board [of Education which are applicable to the 
4institution where he is employed.], the State Board of Private 
5Academic Schools or the department. An educator whose 
6certificate has been revoked, suspended or surrendered is not 
7eligible for employment in a school entity in a position 
8requiring certification or for which certification would be 
9required in a public school other than a charter or cyber 
10charter school or eligible for any certificate until the 
11certificate or eligibility is reinstated in accordance with this 
12act.

13(b) An educator whose eligibility to be employed as a
14charter or cyber charter school staff member or as a contracted
15educational provider staff member has been revoked, suspended or
16surrendered is not eligible for employment in a school entity in
17a position requiring certification or for which certification
18would be required in a public school other than a charter or
19cyber charter school or eligible for any certificate until
20eligibility is reinstated in accordance with this act.

21Section 3. Sections 3, 4, 5 and 6 of the act, amended
22December 20, 2000 (P.L.918, No.123), are amended to read:

23Section 3. Professional Standards and Practices
24Commission.--(a) There is hereby created a Professional
25Standards and Practices Commission consisting of thirteen
26members appointed by the Governor with the advice and consent of
27a majority of the members elected to the Senate.

28(b) The term of office of members of the commission shall be
29three years [except that:], with members serving fixed and 
30staggered terms so that in the first two of every three years,
 

1the terms of four members expire, and in the third of every 
2three years, the terms of five members expire.

3[(1) the terms of office of four members appointed in the
4calendar year 2000 shall expire on the third Tuesday of January
52001;

6(2) the terms of office of four members appointed in the
7calendar year 2000 shall expire on the third Tuesday of January
82002; and

9(3) the terms of office of five members appointed in the
10calendar year 2000 shall expire on the third Tuesday of January
112003.]

12(c) Vacancies shall be filled for an unexpired term in the
13same manner as original appointments. No person shall serve for
14more than two consecutive terms as a member of the commission; 
15however, members may continue to serve after the expiration of 
16their term until a replacement appointed by the Governor is 
17confirmed. The Governor may remove any member from the
18commission for misconduct or malfeasance in office, incapacity,
19or neglect of duty. All members of the commission shall be
20residents of the Commonwealth of Pennsylvania.

21Section 4. Membership and Qualifications.--(a) The
22membership of the Professional Standards and Practices
23Commission shall consist of:

24(1) [Seven classroom teachers, including one educational
25specialist, broadly representative of the teaching profession
26from public schools] Six classroom teachers broadly 
27representative of the education profession, with not more than 
28one from a school entity other than a public school.

29(2) Three administrators from [public schools] a school 
30entity, at least one of whom shall be a commissioned officer and

1one a principal, with not more than one from a school entity 
2other than a public school.

3(3) One administrator from an approved institution of higher
4learning in the Commonwealth offering approved teacher education
5programs.

6(4) Two members from the general public, at least one of
7whom shall be an elected public school director.

8(5) One educational specialist.

9(b) Except for the representatives of the general public,
10the Governor in making appointments shall consider
11recommendations from panels of nominees submitted by Statewide
12educational organizations [of professional educators] which
13certify that the panels include only representatives of the
14category of professional personnel for which the panel or panels
15of nominees are submitted. However, the Governor shall not be
16limited to nominating members of Statewide organizations for
17appointments to the commission.

18(c) All members of the commission except the persons
19representing the general public shall have been actively engaged
20in teaching or providing related educational, administrative or
21supervisory services in a [public school] school entity or
22approved institution of higher education with approved teacher
23education programs for at least five of the eight years
24immediately preceding their appointment. A person appointed to
25the commission who leaves the Commonwealth to become domiciled
26in another state shall have his position on the commission
27deemed vacated. A person whose status changes to a category
28different from that for which that person was appointed may
29continue to serve on the commission for the remainder of that
30person's appointment or until replaced.

1(d) The chairman of the State Board [of Education], or a
2member of the [board] State Board designated by the chairman,
3shall be an ex officio member of the commission without voting
4privileges.

5(e) The members of the commission, employes of the
6commission and agents of the commission shall in all of their
7deliberations consider the public interest, including ensuring 
8the health, safety and welfare of students or other individuals 
9in school entities.

10Section 5. Power and Duties.--(a) The Professional
11Standards and Practices Commission shall have the power and its
12duty shall be:

13(1) To recommend to the State Board [of Education] rules and
14regulations defining positions for which certification should be
15required and criteria to determine qualifications, consistent
16with this act, necessary to hold such a certificate.

17(2) To recommend to the State Board [of Education] rules and
18regulations providing for making a certificate permanent upon
19evidence of such teaching experience and additional preparation
20as may by rule be required.

21(3) To recommend to the State Board [of Education] rules and
22regulations providing for [the Department of Education] the 
23department's investigation and determination of the
24acceptability of programs of professional education in colleges
25and universities of this Commonwealth issuing degrees to persons
26who may desire to teach in the schools of this Commonwealth. The
27commission may recommend as its own, with or without
28modification, standards used by other organizations engaged in
29the evaluation of teacher preparation programs. In
30[establishing] recommending standards pursuant to this clause,

1the commission shall consider, among other factors, the
2following:

3(i) Ongoing research and developing theories in education.

4(ii) The knowledge and skills necessary to effectively
5perform professional education functions.

6(iii) The liberal arts and general education requirements
7that are the foundation of a teacher preparation program.

8(iv) The value of student [teacher] teaching, laboratory
9work and other professional experience as preparation for
10certification.

11(v) The cultural and demographic diversity of relevant
12student populations.

13(vi) Other interests of the public.

14The commission shall assess the effectiveness of educator
15preparation programs and recommend changes to the State Board
16[of Education] as indicated by such evaluations.

17(4) To recommend to the State Board [of Education] changes
18in teacher education programs based on commission conducted
19assessments of these programs.

20(5) To recommend to the State Board [of Education] rules and
21regulations providing for acceptance or approval of certificates
22to teach issued by other states, countries and bodies.

23(6) To recommend to the State Board [of Education] rules and
24regulations providing for the department to enter into
25agreements with agencies of other states for reciprocal approval
26of teacher preparation programs.

27(7) To recommend to the State Board [of Education] rules and
28regulations governing examinations for the initial certification
29of teachers.

30(8) To cooperate with a national board for professional

1education certification recognized by the commission to such
2degree as, in the commission's judgment, shall bring advantage
3to the Commonwealth.

4(9) To establish procedures for [conducting hearings
5pursuant to section 13 and for hearings regarding reinstatement
6of certificates] the commission's adjudication of educator 
7misconduct and applications for reinstatement and for conducting 
8public hearings, including the imposition of fines and fees.

9(9.1) To adopt requirements regarding the submission of
10reports by the department on the processing of complaints in
11order to ensure the timely and effective resolution of
12complaints.

13(10) To adopt and maintain a code for professional practice
14and conduct that shall be applicable to any educator as defined 
15in this act, pursuant to the act of July 31, 1968 (P.L.769,
16No.240), referred to as the Commonwealth Documents Law. Nothing
17in the code for professional practice and conduct shall be an
18independent basis for [the suspension or revocation of a
19certificate] discipline other than a public or private 
20reprimand, nor shall it pertain to questions of membership or
21affiliation or nonaffiliation in an employe organization, or
22participation in the actions of an employe organization, or
23participation or nonparticipation in the actions of an employe
24organization related to the negotiation of a collective
25bargaining agreement, a strike or other work stoppage as defined
26under the act of July 23, 1970 (P.L.563, No.195), known as the
27"Public Employe Relations [Act," provided that the code may
28specify those sections the violation of which may constitute a
29basis for reprimand.] Act."

30[(11) To discipline any professional educator or charter

1school staff member found guilty upon hearings before the
2commission of immorality, incompetency, intemperance, cruelty or
3negligence or for violation of any provision of the act of May
429, 1931 (P.L.210, No.126), entitled, as amended, "An act to
5regulate the certification and the registration of persons
6qualified to teach in accredited elementary and secondary
7schools in this State; imposing certain duties upon the
8Department of Public Instruction and the State Board of
9Education; defining violations; providing penalties, and for
10appeal to the court of common pleas of Dauphin County." The
11commission shall establish definitions consistent with this
12clause.]

13(11.1) To direct the department to [suspend or revoke the
14certificate of a professional educator or charter school staff
15member] discipline any educator in accordance with section 9.2, 
169.3, 9.4 or 9.5.

17(11.2) To impose supplemental sanctions or other conditions,
18corrective action, fines, costs or fees for violations of this
19act or for reinstatement, including requiring an educator, at
20the educator's own expense, to submit to the evaluation or care,
21counseling or treatment of a physician, psychologist, therapist
22or psychiatrist as designated by the commission or enter an
23impaired educator program or similar program approved by the
24commission.

25(11.3) To issue subpoenas in accordance with procedures set
26forth in this act.

27(12) To establish procedures which assure that actions
28concerning discipline and reinstatement of [professional]
29educators shall comply with due process requirements.

30(12.1) To establish and participate in alternative dispute

1resolution programs to allow for flexibility, early resolution
2and cooperation in resolving charges filed under section 13.

3(12.2) To develop outreach programs, professional
4development and courses designed to improve the quality of
5practice and ethical conduct in the teaching profession.

6(13) To keep minutes of its meetings and report annually to
7the Governor, the General Assembly, the State Board [of
8Education], the education profession and the public and to
9publish, from time to time, such other reports as it deems
10appropriate.

11(14) To adopt, pursuant to the act of July 31, 1968
12(P.L.769, No.240), referred to as the Commonwealth Documents
13Law, operating and procedural rules and regulations necessary to
14carry out the purposes of this act. The commission shall hold
15public hearings and take testimony concerning proposed
16recommendations which shall be presented to the State Board [of
17Education].

18(a.1) Nothing in this act shall be construed to prevent
19organizations of the education profession from adopting measures
20designed to improve the standards and practices of ethics and
21academic freedom among their members and in their relationships
22with other persons and groups.

23(b) All teachers' certificates in force in this Commonwealth
24on [the effective date of this amendatory act] February 17, 
252001, shall continue in full force and effect, subject to all
26the terms and conditions under which they were issued, until
27they expire by virtue of their own limitations, unless they are
28sooner annulled for the reasons and in the manner provided by
29law.

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

1presented publicly at a scheduled State Board [of Education]
2meeting. This presentation shall be prior to any board action on
3regulations, standards or guidelines affecting teacher
4certification, professional practices, accreditation of teacher
5education programs and long range plans.

6Section 6. Organization and Meetings of the Commission.--(a)
7The Governor shall annually select a chairman from among the
8membership of the commission. The chairman, or a commission
9member designated by the chairman, shall be an ex officio member
10of the State Board [of Education] without voting privileges or
11assignment to either council.

12(b) Meetings shall be held at least five times per year at
13the call of the chairman or upon request in writing of a
14majority of the commission. A majority shall constitute a quorum
15and a majority of such quorum shall have authority to act upon
16any matter properly before the commission unless otherwise
17specified in this act. [In the case of the discipline of an
18administrator, the commission shall act by a majority vote of a
19special panel of at least nine members selected by the chairman,
20to include no more than three teachers. The first meeting of the
21commission shall be held within six months of the effective date
22of this act.] Meetings of the commission shall be open to the
23public and the executive director of the commission shall be
24responsible for seeing that notices of meetings of the
25commission are properly circulated.

26Section 4. Sections 7 and 8 of the act, amended December 14,
271989 (P.L.612, No.71), are amended to read:

28Section 7. Expenses.--Members of the commission shall
29receive no compensation for their services, but shall be
30reimbursed for their actual and necessary expenses incurred in

1the performance of official commission business. A member of the
2commission, who is an employe of an agency of the Commonwealth,
3or any of its political subdivisions [including school
4districts], or of a school entity, shall be permitted to attend
5commission meetings and perform other commission duties without
6loss of income or other benefits. A State agency or any
7political subdivision of this Commonwealth, including a school
8entity, required to employ a substitute for a member of the
9commission who is absent from his employment while performing
10commission business shall be reimbursed by the [Department of
11Education] department from funds appropriated for the general
12government operations of the [Department of Education]
13department for the actual amount of any costs incurred upon
14presentation of a request for reimbursement and documentation of
15such cost. A member of the commission who is employed by a
16private employer shall be reimbursed by the [Department of
17Education] department, from funds appropriated for the general
18government operations of the [Department of Education]
19department, for any income lost, pursuant to guidelines
20established by the commission, as a result of attendance at
21commission meetings or performance of other official commission
22duties upon presentation of a request for reimbursement and
23documentation of such loss.

24Section 8. Commission Staff.--(a) There shall be an
25executive director of the commission who shall serve as the
26executive officer and secretary of the commission. The
27commission and the secretary shall jointly employ and fix the
28compensation of the executive director. The executive director,
29with approval of the commission and the secretary, may employ
30additional professional and clerical personnel as may be

1necessary to carry out the duties and responsibilities of the
2commission. The [Department of Education] department shall
3provide adequate space and equipment to facilitate the
4activities of the commission.

5(b) The Governor, through his General Counsel, shall provide
6such legal advice and assistance as the commission may require.

7Section 5. Sections 9, 9.1 and 9.2 of the act, amended or
8added December 20, 2000 (P.L.918, No.123), are amended to read:

9Section 9. Complaints and Department Investigations.--(a)
10[A proceeding to discipline a professional educator shall be
11initiated by the filing of a complaint with the department by
12any interested party within one year from the date of the
13occurrence of any alleged action specified under section
145(a)(11), or from the date of its discovery. Complaints
15involving sexual abuse or exploitation of a child or a student
16may be filed beyond the date of the alleged occurrence or date
17of its discovery up until five years after the child or student
18reaches 18 years of age. If the alleged action is of a
19continuing nature, the date of its occurrence is the last date
20on which the conduct occurred.] The filing of a written educator 
21misconduct complaint with the department will initiate the 
22department's review and investigation of an educator.

23(b) For purposes of this act, the department may file an
24educator misconduct complaint.

25(c) The department may by regulation prescribe standards for
26the filing of complaints. The complaint shall, at a minimum:

27(1) be in a written form prescribed by the department;

28(2) specify the nature and character of the [charges]
29allegations of misconduct; and

30(3) be verified [under oath by the complaining party] by the
 

1complainant or a duly authorized agent of the [complaining
2party] complainant and made subject to the penalties of 18 
3Pa.C.S. § 4904 (relating to unsworn falsification to 
4authorities).

5(d) The commission[, and its individual members,] may not
6file a complaint [or initiate a disciplinary proceeding on their
7own motion, except that if, in]. If an individual commissioner
8in his or her personal capacity or in the performance of
9[commission business, the commission, or any of its individual
10members,] his or her professional responsibilities as an employe 
11of a school entity uncovers evidence of educator misconduct that
12would appear to [require discipline, the commission may transmit
13such evidence to the department where such evidence will be
14treated as] warrant discipline under this act, the individual 
15commissioner may file a complaint in accordance with the
16provisions of this act.

17[(f)] (e) Upon receipt of a complaint, the department shall
18promptly review it and all other complaints and information
19relating to the [professional] educator.

20(1) If the facts alleged are not legally sufficient to
21warrant discipline under this act, the department shall dismiss
22the complaint and provide written notice of such dismissal to
23the [complaining party and to the affected professional]
24complainant and to the educator.

25(2) If the facts alleged are deemed legally sufficient to
26warrant discipline[, the department shall notify the affected
27professional educator and the complaining party in writing of
28the sufficiency of the complaint and] under this act, the 
29department shall provide written notice of the legal sufficiency 
30of the complaint to the educator, the current and former school
 

1entity in which the educator is or was employed and the 
2complainant.

3(2.1) If the facts alleged are deemed legally sufficient to 
4warrant discipline, the department may conduct a preliminary
5investigation to determine whether there is probable cause to
6believe that grounds for discipline exist. The department shall
7be provided, upon request to the complainant, the educator and 
8the current and former school entity in which the educator is or 
9was employed, any [documents] relevant information and 
10documentary and physical evidence it may reasonably require in
11pursuit of its preliminary investigation. [Such request shall be
12made in writing to the professional educator or the current or
13prior employer.]

14(3) If the department determines that probable cause does
15not exist, [it shall issue a written notice to the affected
16professional educator, the complaining party and the current or
17prior employer if the employer was notified of the complaint. If
18a finding of probable cause is made, the department shall so
19notify the affected professional educator and the complaining
20party and may immediately conduct an investigation pursuant to
21section 12 or transmit its preliminary findings to the local
22school governing board of the school entity in which the
23affected professional educator is or was last serving, to allow
24the local school board to investigate and comment upon the
25appropriateness of professional discipline.] the department 
26shall dismiss the complaint and provide a written notice of such 
27dismissal to the educator, the complainant and the current and 
28former school entity in which the educator is or was employed.

29(4) If the department determines that probable cause exists,
30the department shall provide written notice to the educator, the

1complainant and the current and former school entity in which
2the educator is or was employed and may immediately conduct an
3investigation, which may include directing the school entity to
4investigate and comment upon the appropriateness of professional
5discipline in accordance with section 11.

6(f) In conducting its investigations under this act, the
7department may investigate any and all allegations of misconduct
8in the complaint or complaints and any other misconduct
9concerning the educator that is discovered in the course of the
10investigations.

11Section 9.1. [Reporting to Department] Mandatory 
12Reporting.--(a) The [superintendent, assistant superintendent,
13executive director of an intermediate unit, chief administrator
14of an area vocational-technical school, administrator of a
15charter school or their designees shall report any] chief school 
16administrator or his designee shall file all of the following
17[to] information with the department in writing on a form 
18prescribed by the department:

19(1) [The dismissal of a certificated employe] Any educator 
20who has been provided with notice of intent to dismiss or remove 
21for cause, notice of nonrenewal for cause, notice of removal 
22from eligibility lists for cause or notice of a determination 
23not to reemploy for cause. The report shall be filed within [30]
2415 days after [an administrative decision by an arbitrator or
25the local board of school directors] notice is provided by a 
26school entity.

27(2) [Conduct that has resulted in a criminal indictment or
28conviction for a crime set forth in section 111(e)(1) through
29(3) of the act of March 10, 1949 (P.L.30, No.14), known as the
30"Public School Code of 1949," or other crime that involves moral

1turpitude. The report shall be filed within 30 days of the
2receipt of information and shall include all available
3information relating to the conduct resulting in the charge or
4conviction.] Any educator who has been arrested or indicted for 
5or convicted of any crime that is graded a misdemeanor or 
6felony. For purposes of this section, the term conviction shall 
7include a plea of guilty or nolo contendere. The report shall be 
8filed within 15 days of discovery of the indictment, arrest or 
9conviction.

10(3) [Information which constitutes reasonable cause to
11believe that a certificated employe has caused physical injury
12to a student or child as a result of negligence or malice or
13has] Any educator against whom allegations have been made that 
14the educator has:

15(i)  committed sexual abuse or exploitation involving a child 
16or student [or child.]; or

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

18The report shall be filed within [60] 15 days of the [receipt of
19the information.] discovery of the allegations of misconduct.

20(3.1) Information which constitutes reasonable cause to
21suspect that an educator has caused physical injury to a child
22or student as a result of negligence or malice. The report shall
23be filed within 15 days of the discovery of the information.

24(4) Any educator who has resigned, retired or otherwise
25separated from employment after a school entity has received
26information of alleged misconduct under this act. The report
27shall be filed within 15 days of the separation from employment,
28notwithstanding any termination agreement to the contrary that
29the school entity may enter into with the educator.

30(5) Any educator who is the subject of a report filed by the

1school entity under the reporting requirements of 23 Pa.C.S. Ch.
263 (relating to child protective services). The report shall be
3filed within 15 days of the filing of the child protective
4services report.

5(6) Any educator who the school entity knows to have been
6named as the perpetrator of an indicated or founded report of
7child abuse or named as an individual responsible for injury or
8abuse in an indicated or founded report for a school employe
9under 23 Pa.C.S. Ch. 63. The report shall be filed within 15
10days of discovery of the child protective services report.

11[(b) The superintendent, assistant superintendent, executive
12director of an intermediate unit, chief administrator of an area
13vocational-technical school and administrator of a charter
14school or their designees shall comply with the provisions of
15subsection (a). Failure to comply shall be deemed a violation of
16subsection (a) by the chief school administrator of that school
17entity and may result in disciplinary action against the chief
18school administrator.]

19(c) An educator who is arrested or indicted for or convicted
20of any crime enumerated under section 111(e) and (f.1) of the
21act of March 10, 1949 (P.L.30, No.14), known as the "Public
22School Code of 1949," shall report the indictment, arrest or
23conviction to the school entity at which the educator is
24currently employed within 72 hours of the indictment or
25conviction.

26(d) An educator who knows of any action, inaction or conduct
27which constitutes sexual abuse or exploitation or sexual
28misconduct under this act shall file a mandatory report with the
29department and shall report such misconduct to his or her chief
30school administrator and immediate supervisor. The report shall

1be filed within 15 days of the discovery of the sexual abuse or
2exploitation or sexual misconduct.

3(e) All reports submitted to the department shall include an 
4inventory of all information and documentary and physical 
5evidence in possession or control of the school entity relating 
6to the misconduct resulting in the report and the name and 
7contact information for the current custodian of the items 
8listed in the inventory. The school entity shall provide 
9promptly to the department any documents or items requested 
10after the department reviews the inventory.

11Section 9.2. [Imposition of Discipline.--] Discipline for 
12Criminal Offenses.--(a) The commission shall [do all of the
13following regarding suspension or revocation of a professional
14certificate]:

15(1) Direct the department to immediately suspend the
16certificate [of a professional] and employment eligibility of an
17educator indicted for a crime set forth in section 111(e)(1)
18through (3) of the act of March 10, 1949 (P.L.30, No.14), known
19as the "Public School Code of 1949," or the attempt, 
20solicitation or conspiracy to commit any crime set forth in that 
21section if the commission, after notice and hearing if
22requested, determines that the [professional] educator poses a
23threat to the health, safety or welfare of [a student] students
24or other [individual in a school] persons in the schools of this 
25Commonwealth in accordance with the following:

26(i) Within 15 days of [the receipt] service of notice of
27charges issued by the department, the [professional] educator
28may request a hearing before the commission on the question of 
29whether the certification or employment eligibility should be 
30immediately suspended. The commission or a [committee] panel of

1members of the commission shall hold a hearing within [15] 30
2days of the receipt of the request for hearing. If the educator 
3fails to request a hearing, the commission or a panel of members 
4of the commission promptly shall convene a meeting to consider 
5the request for immediate suspension. The commission or
6[committee] panel shall issue a decision within 20 days after
7the conclusion of the meeting or hearing, including receipt of
8the transcript or filing of any briefs. The [professional]
9educator may appeal the decision of the commission pursuant to
10section [15] 15(a), except that an appeal filed shall not 
11operate as a stay of the discipline.

12(ii) The commission may elect not to direct the department 
13to suspend the certificate [of a professional] and employment 
14eligibility of any educator indicted for a crime under this
15subsection if the [professional] educator files an affidavit
16attesting that during the pendency of the criminal [charge the
17professional] proceeding the educator will not be employed in a
18position that requires [professional] certification or involves
19direct contact with children or students. The commission shall 
20not accept an affidavit when the allegations that form the basis 
21of the criminal proceeding involve sexual misconduct or sexual 
22abuse or exploitation of a child or student.

23(iii) The commission shall direct the department to
24immediately lift a suspension upon receipt of certified court
25documents establishing that the charges have been dismissed or
26otherwise removed.

27(iv) [The commission may reinstate the certificate of a
28professional] Upon petition by the educator, the commission may 
29direct the department to reinstate the certificate and 
30employment eligibility of an educator suspended under this

1paragraph or release the [professional] educator from an
2affidavit under subparagraph (ii) if the [professional educator
3participates in] educator is admitted into an accelerated
4rehabilitative disposition program as a result of the indictment
5and the commission determines that the [professional] educator
6does not pose a threat to the health, safety or welfare of
7students or other individuals in a school. The commission shall
8conduct an expedited hearing, if requested, for an applicant for
9reinstatement or release under this subparagraph.
10Notwithstanding the provisions of this subparagraph, an
11applicant shall not be reinstated if the indictment was for an
12offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses)
13[where the victim is a minor.] prior to successful completion of 
14the accelerated rehabilitative disposition program and dismissal 
15of the criminal charges.

16(2) Direct the department to revoke the certificate [of a
17professional] and employment eligibility of an educator who has
18been convicted of a crime set forth in section 111(e)(1) through
19(3) of the "Public School Code of 1949," [or] a crime involving
20moral turpitude, [or an equivalent crime in Federal court or a
21court of another state, territory or nation,] or the attempt, 
22solicitation or conspiracy to commit any crime set forth in this 
23section upon the filing of a certified copy of the verdict or
24judgment or sentence of the court with the commission. The
25commission shall direct the department to immediately reinstate
26a certificate and employment eligibility upon receipt of
27certified court documents establishing that the conviction was
28reversed [on appeal]. For purposes of this paragraph, the term
29"conviction" shall include a plea of guilty or nolo contendere.

30[(3) Direct the department to discipline a professional

1educator upon receipt of a certified copy of an adjudication
2from the appropriate licensing authority in another state,
3territory or nation imposing discipline for grounds, other than
4a conviction under paragraph (2), that are comparable to grounds
5for discipline under this act. Upon receipt of the adjudication,
6the commission shall issue an order directing that the
7professional educator show cause why the imposition of identical
8or comparable discipline in this Commonwealth would be
9unwarranted. The professional educator shall respond within 30
10days of receipt of the order. The final adjudication by an
11appropriate licensing authority of another jurisdiction shall be
12conclusive as to the misconduct of a professional educator under
13this act. Within 30 days after the time alloted for the
14professional educator to respond to the order to show cause, the
15commission may impose the identical or comparable discipline
16unless the professional educator demonstrates that:

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

18(ii) the discipline is substantially different from what
19would have been imposed for similar conduct in this
20Commonwealth; or

21(iii) the procedure used in the other jurisdiction did not
22provide due process.

23(4) Direct reinstatement of a certificate revoked, suspended
24or surrendered in lieu of discipline in accordance with this
25act.]

26(b) Nothing in this section shall be construed to prevent
27the department from pursuing discipline under this act against
28any educator who has been acquitted, who has participated in an
29alternative disposition program or for whom the criminal charges
30were otherwise withdrawn or dismissed.

1Section 6. The act is amended by adding sections to read:

2Section 9.3. Imposition of Discipline on Additional
3Grounds.--(a) The commission shall direct the department to
4impose discipline against any educator for conduct found by the
5commission to constitute:

6(1) Immorality.

7(2) Incompetency.

8(3) Intemperance.

9(4) Cruelty.

10(5) Negligence.

11(6) Sexual misconduct.

12(7) Sexual abuse or exploitation.

13(8) A violation of the code for professional practice and
14conduct adopted pursuant to section 5(a)(10).

15(9) Illegal use of professional title as set forth in the
16act of May 29, 1931 (P.L.210, No.126), entitled "An act to
17regulate the certification and the registration of persons
18qualified to teach in accredited elementary and secondary
19schools in this State; imposing certain duties upon the
20Department of Public Instruction and the State Board of
21Education; defining violations; providing penalties, and for
22appeal to the court of common pleas of Dauphin County."

23(10) Failure to comply with duties under this act, including
24the mandatory reporting duties set forth in section 9.1.

25(11) Actions taken by an educator to threaten, coerce or
26discriminate or otherwise retaliate against an individual who in
27good faith reports actual or suspected misconduct under this act
28or against complainants, victims, witnesses or other individuals
29participating or cooperating in proceedings under this act.

30(b) The commission shall establish definitions consistent

1with this section.

2Section 9.4. Imposition of Discipline on Founded <-and 
3Indicated Reports.--(a) Notwithstanding any provision of 23 
4Pa.C.S. Ch. 63 (relating to child protective services), the 
5commission shall:

6(1) Direct the department to revoke the certificate and
7employment eligibility of an educator who is named as the
8perpetrator of a founded report of child abuse or named as an
9individual responsible for injury or abuse in a founded report
10for a school employe under 23 Pa.C.S. Ch. 63 upon receipt of
11documentation verifying the founded report.

<-12(2) Direct the department to discipline an educator who is
13named as the perpetrator of an indicated report of child abuse
14or named as an individual responsible for injury or abuse in an
15indicated report for a school employe under 23 Pa.C.S. Ch. 63.
16Upon receipt of documentation verifying the indicated report
17after final determination by the Department of Public Welfare,
18the department shall issue an order directing that the educator
19show cause why the imposition of discipline against the
20educator's certificate and employment eligibility would be
21unwarranted. The educator shall respond within 30 days of
22service of the order. The commission shall order appropriate
23discipline against the educator's certificate and employment
24eligibility unless the educator demonstrates that:

25(i) the discipline would result in a grave injustice or be
26unwarranted; or

27(ii) the procedure used in the administrative procedure
28under 23 Pa.C.S. Ch. 63 did not provide due process.

29(3) <-(2) Direct the department to immediately reinstate a
30certificate and employment eligibility upon receipt of a

1certified document establishing that a founded <-or indicated
2report of child abuse or founded <-or indicated report for a
3school employe was reversed or determined to be unfounded.

4(b) Nothing in this section shall be construed to prevent
5the department from pursuing discipline under this act against
6any educator for whom a founded <-or indicated report of child
7abuse or founded <-or indicated report for a school employe was
8reversed or determined to be unfounded.

<-9(c) For purposes of this section, "final determination"
10shall mean a final order issued by the Department of Public
11Welfare Bureau of Hearings and Appeals or the Secretary of
12Public Welfare in resolution of any administrative appeal of an
13indicated report or the expiration of the time period in which
14the subject of an indicated report may request an administrative
15appeal.

16Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a
17certified copy of an adjudication from the appropriate licensing
18authority in another state, territory or nation imposing
19discipline for grounds that are comparable to the grounds for
20discipline under this act, the department may issue an order
21directing that the educator show cause why the imposition of
22identical or comparable discipline in this Commonwealth would be
23unwarranted. The final adjudication by an appropriate licensing
24authority of another jurisdiction shall be conclusive as to the
25misconduct of an educator under this section. The educator shall
26respond within 30 days of service of the order to show cause.
27The commission may direct the department to impose the identical
28or comparable discipline unless the educator demonstrates that:

29(1) the discipline would result in a grave injustice;

30(2) the discipline is substantially different from what

1would have been imposed for similar conduct in this
2Commonwealth; or

3(3) the procedure used in the other jurisdiction did not
4provide due process.

5(b) Nothing in this section shall be construed to prevent
6the department from pursuing discipline against any educator
7disciplined in another state, territory or nation under other
8sections of this act.

9Section 9.6. Unavailability of Certain Defense and
10Mitigating Factor.--The consent of a child or a student to
11engage in sexual misconduct or sexual abuse or exploitation may
12not be a defense or a mitigating factor in any discipline
13proceeding under this act.

14Section 7. Section 10 of the act, amended December 20, 2000
15(P.L.918, No.123), is repealed:

16[Section 10. Confidentiality.--(a) All information relating
17to any complaints, including the identity of the complainant, or
18any proceedings relating to or resulting from such complaints,
19shall remain confidential, unless or until discipline, other
20than a private reprimand, is ordered, any provision of law to
21the contrary notwithstanding. Should proceedings, after all
22appeals, result in discipline, other than private reprimand,
23such discipline and all records pertaining thereto shall become
24public. There shall be no ex-parte communication on any pending
25matter regarding discipline.

26(b) This section shall not prohibit any person from
27disclosing information previously made public as a result of
28action by a school entity to dismiss a certified employe for
29cause or as a result of a certified employe having been formally
30charged with or convicted of a crime of moral turpitude or

1another offense requiring mandatory revocation of a certificate.

2(c) The provisions of this section shall not apply to
3reinstatements.

4(d) Nothing in this section shall be construed to deny a
5professional educator access to information necessary to prepare
6a defense in a disciplinary proceeding under this act.]

7Section 8. Sections 11, 12, 13, 14, 15 and 16 of the act,
8amended December 20, 2000 (P.L.918, No.123), are amended to
9read:

10Section 11. Duties of [Local School Board Officials] School 
11Entities.--(a) Upon receipt of [the preliminary findings]
12notification in writing from the department, a [local school
13board shall investigate] school entity shall investigate the 
14allegations of misconduct as directed by the department and may
15pursue the local disciplinary procedures established by law or
16by collective bargaining agreement for adjudication of
17complaints against [professional educators. The local school
18board shall inform the department within 90 days of receipt of
19the preliminary findings whether the local school board will
20pursue disciplinary action and whether the board believes that
21professional disciplinary action by the commission is warranted]
22an educator.

23(b) [The school board, when its local investigation is
24completed, may make a definite] Within 90 days of receipt of the 
25written notification from the department directing the school 
26entity to conduct an investigation, the school entity shall 
27inform the department of the outcome of its investigation and 
28whether it will pursue local employment action and may make a
29recommendation concerning discipline[. The school board shall
30notify the affected professional educator of any such

1recommendation and shall provide to the department] under this 
2act. The department, upon request by a school entity, may extend 
3the 90-day reporting period. In reporting the outcome of its 
4investigation, the school entity shall provide the department 
5with:

6(1) Its findings [and], a summary of the evidence gathered
7and an inventory of all documentary and physical evidence 
8related to the allegations of misconduct and the name and 
9contact information for the current custodian of items listed in 
10the inventory.

11(2) Any other relevant information which the department may
12request, including information related to individuals
13interviewed by the [local school board.] school entity.

14(b.1) If the school entity makes a recommendation concerning
15discipline, it shall notify the educator of such recommendation.

16(c) A school [district, intermediate unit, area vocational-
17technical school or charter school,] entity and any official or
18employe thereof[,] shall cooperate with the department during
19[all stages of the disciplinary process.] its review, 
20investigation or prosecution and promptly shall provide the 
21department with any relevant information and documentary and 
22physical evidence that the department may reasonably request.

23(d) When the department receives information at any time
24during the course of its review, investigation or prosecution of
25misconduct that the educator is currently employed by a school
26entity not previously notified under this act, the department
27shall notify the school entity of the complaint, investigation
28and charges so that the school entity may exercise its duties
29and rights under this act.

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

1agreement with an educator or educator association whereby a
2school entity agrees not to comply with its mandatory reporting
3duties or other duties outlined in this act. Any agreement or
4provision of an agreement contrary to this subsection is void
5and unenforceable.

6Section 12. Department Action After Investigation.--After
7completion of [an] a preliminary or full investigation, the
8department may dismiss the [charges] complaint, determine that
9appropriate and sufficient punishment has been imposed by the
10[local school board, or initiate hearing procedures] school 
11entity, participate in alternative dispute resolution process, 
12enter into a written settlement agreement with the educator or 
13initiate the formal adjudicatory hearing process with the filing 
14of charges with the commission. If the complaint is dismissed or
15[it is determined that appropriate and sufficient punishment has
16been imposed by the local school board] otherwise resolved 
17without the filing of charges with the commission, the
18department shall inform the [professional] educator, the
19complainant and the [local school board of the determination]
20school entity of its resolution of the complaint.

21Section 13. Hearing.--(a) Upon determination to initiate
22[hearing procedures] the formal adjudicatory hearing process,
23the department shall[,] within 30 days[,] send a written notice
24to the [affected professional] educator advising of the charges
25and of his right to request a hearing within 30 days of
26[receipt] service of such notice. A copy of the written notice
27of the charges shall be served upon the [professional educator's
28current or prior employer] current and former school entity in 
29which the educator is or was employed. The notice of charges 
30shall set forth all acts or omissions which the department
 

1asserts constitute misconduct and warrant discipline, which need 
2not be limited to the allegations in the complaint or 
3complaints, and may include allegations of misconduct that were 
4discovered in the course of the department's investigation of a 
5complaint or complaints.

6(b) Notwithstanding any other provision of this act, if the
7department in its discretion determines that immediate
8discipline is necessary to protect the health, safety or welfare
9of students or other persons in the schools of this
10Commonwealth, it [shall] may request that the commission modify
11the procedure set forth in this section and schedule an
12expedited hearing.

13(c) The hearing shall be held in accordance with the
14following procedures unless otherwise specified in this act or 
15ordered by the commission:

16(1) Within [45] 15 days of receiving a request for a
17hearing, the commission shall appoint a hearing officer from a
18list of impartial third parties qualified to conduct such
19hearings. The list shall have been previously agreed upon
20jointly by the Governor's General Counsel and at least two-
21thirds of the commission, and shall have at least five names
22which shall be chosen on a rotating basis.

23(2) The burden of proof shall be on the department, which
24shall act as prosecutor, to establish by a preponderance of the 
25evidence that grounds for discipline exist.

26(3) The [professional] educator against whom the [charge is]
27charges are made shall have the right to be represented by
28counsel and to present evidence and argument in accordance with
29rules of procedure promulgated by the commission.

30(4) [The governing board of the school entity in which the

1affected professional educator is or was last employed may
2intervene, for cause shown, in accordance with 1 Pa. Code §
335.28] After the filing of charges against an educator with the 
4commission, the current or former school entity in which the 
5educator is or was employed may intervene as of right in the 
6disciplinary proceeding. Admission as an intervener shall not be 
7construed as conferring full party status on the school entity, 
8and interveners are granted no rights which survive 
9discontinuance or resolution of the disciplinary matter before 
10the commission.

11(5) The hearing shall be closed[, unless the affected
12professional educator requests that it be open to the public. If
13the hearing is open, the hearing officer, in his discretion, may
14close any portion of the hearing for good cause shown. If the
15hearing is closed,] and only the department, commission members
16and staff, the [affected professional educator and his or her
17representatives, any intervenors] educator and his or her 
18counsel, any intervener or its counsel, if applicable, and any
19[material] witnesses shall be permitted to attend. [Students
20attending school in the district which employs the professional
21educator shall not be permitted to attend any hearing except as
22witnesses duly subpoenaed to testify with respect to the charges
23made.] Where a witness is a child or student, the commission or 
24its hearing officers may in their discretion permit a parent or 
25guardian to be in attendance during the testimony of the child 
26or student.

27(6) The department may recommend to the hearing officer and
28commission appropriate discipline.

29(7) [The hearing officer shall, within 60] Within 90 days
30after the conclusion of the hearing, [issue a decision

1concerning whether] receipt of the transcript and submission of 
2written legal memoranda, the hearing officer shall issue a 
3proposed report concerning whether the department has met its 
4burden of establishing that misconduct has occurred and whether
5discipline should be imposed. [A decision] The proposed report
6shall include findings of fact and conclusions of law and
7specify the recommended discipline.

8Section 14. [Decision] Proposed Report by Hearing Officer.--
9(a) The [decision] proposed report of the hearing officer shall
10[become final unless] be accepted by the commission unless:

11(1)  the [professional] educator or the department files
12[exceptions or a brief on] exceptions in accordance with 1 Pa. 
13Code §§ 35.211 (relating to procedure to except to proposed 
14report) and 35.212 (relating to content and form of briefs on 
15exceptions) within 30 days of the date [of] the [recommended
16decision.] proposed report was mailed;

17(2) within 60 days of the date the proposed report was
18mailed, the commission initiates a review of the proposed report
19in the absence of exceptions; or

20(3) within 60 days of the date the proposed report was
21mailed, the commission reopens the proceeding for the reception
22of further evidence in accordance with 1 Pa. Code § 35.233
23(relating to reopening by agency action).

24(b) [The commission shall promptly consider] After 
25consideration of exceptions to the hearing officer's [decision.
26The commission by a majority vote of the full membership]
27proposed report or further evidence or its review under this 
28section, the commission shall accept, modify or reject the
29hearing officer's [decision, except that, in the case of
30discipline of an administrator, all exceptions shall be taken by

1a special panel of at least nine members of the commission
2selected by the chairperson, which will include no more than
3three teachers] proposed report.

4[(c) Within 45 days after receiving the decision from the
5hearing officer and the exceptions thereto, the commission shall
6issue a written opinion and order affirming, reversing or
7modifying the hearing officer's decision and imposing
8discipline, if any.]

9Section 15. Appeal.--(a) An order of the commission
10regarding discipline [of a professional] or reinstatement of an
11educator may be appealed only by the department or the
12[professional] educator as an adjudication by a [State] 
13Commonwealth agency in the manner provided by law.

14(b) An appeal filed under subsection (a) shall operate as a
15stay of the discipline [until the determination] imposed under 
16this act until the resolution of the appeal, except where:

17(1) the grounds for discipline include sexual misconduct or
18sexual abuse or exploitation;

19(2) the commission's decision to discipline is accompanied
20by a finding that immediate discipline is necessary to protect
21the health, safety or welfare of students or other persons in
22the schools of this Commonwealth; or

23(3) the discipline imposed is the result of a negotiated 
24settlement between the parties or is imposed under section 9.2.

25(c) Where the commission's adjudication [is in favor of the
26professional educator] finds no educator misconduct under this 
27act, the charges pertaining to the disciplinary proceeding shall
28be expunged from any personal or professional file of the
29[professional] educator maintained by the department [and/or the
30local school entity.] and the school entity unless the school
 

1entity has taken or is pursuing local disciplinary action 
2against the educator.

3(d) The commission shall make all adjudications imposing
4discipline, other than a private reprimand, available on a
5publicly accessible Internet website and shall cooperate with
6the department in maintaining a central online registry on a
7publicly accessible Internet website of charter and cyber
8charter school staff members and contracted educational provider
9staff members whose eligibility for employment has been
10suspended, revoked, surrendered or otherwise disciplined
11pursuant to this act.

12Section 16. Reinstatement.--(a) [Any professional] An
13educator whose certificate [has] or employment eligibility has
14been suspended, revoked or surrendered may apply to the
15commission for an order lifting the suspension or reinstating
16the certificate. The commission shall order the lifting of the
17suspension or reinstatement if the commission determines it
18would be just and proper. The commission shall seek and consider
19recommendations from the department prior to ordering the
20lifting of the suspension or reinstatement of the certificate
21and employment eligibility and shall conduct hearings on the
22application at the request of the [professional] educator in
23accordance with procedures [of this act] established by the 
24commission in accordance with this act. The commission shall 
25also seek and may consider recommendations from the school 
26entity or entities in which the educator was employed at the 
27time of the misconduct. For purposes of determining whether it
28is just and proper to lift a suspension or reinstate a
29certificate, the commission may consider:

30(1) The conduct which resulted in discipline.

1(2) Other past conduct of the applicant.

2(3) The applicant's current attitude toward past conduct.

3(4) Rehabilitation efforts and activities.

4(4.1) Evidence of compliance with any conditions imposed as
5part of the discipline.

6(5) References and letters of support [or] of or in
7opposition to reinstatement.

8(b) The commission shall not lift the suspension or
9reinstate the certificate [of a professional] or employment 
10eligibility of an educator if the suspension or revocation
11resulted from any of the following:

12(1) A finding of guilt by the commission for sexual abuse or
13exploitation.

14(2) Surrender of a certificate [in lieu of discipline] or 
15employment eligibility for conduct relating to sexual abuse or
16exploitation.

17(c) The commission shall not lift the suspension or
18reinstate the certificate or employment eligibility of [a
19professional] an educator convicted of an offense [under 18
20Pa.C.S. (relating to crimes and offenses)] set forth in section
21111(e)(1) through (3) of the act of March 10, 1949 (P.L.30,
22No.14), known as the "Public School Code of 1949" for the time
23period set forth in that section.

24Section 9. Section 17 of the act, amended December 20, 2000
25(P.L.918, No.123), is repealed:

26[Section 17. Unauthorized Release of Information.--(a)
27Except as otherwise provided in section 10, a member, staff
28member or employee of the commission, the Department of
29Education, or any local school entity who releases or gives out
30information received at a commission meeting or hearing or

1through any disciplinary proceedings conducted pursuant to this
2act, without authorization of the commission, is guilty of a
3misdemeanor of the third degree.

4(b) Any material witness or his or her representative who
5releases or gives out information received at a commission
6meeting or hearing involving disciplinary proceedings, or who
7releases or gives out information obtained as a result of direct
8involvement in the investigation of a professional educator or
9in any disciplinary proceedings conducted pursuant to this act,
10without authorization of the commission, is guilty of a
11misdemeanor of the third degree unless this information was
12known to the material witness or his or her representative prior
13to that meeting, hearing or investigation.]

14Section 10. Section 17.1 of the act, added December 20, 2000
15(P.L.918, No.123), is amended to read:

16Section 17.1. Immunity From Liability.--(a) Notwithstanding
17any other provision of law, no person shall be subject to civil
18liability for filing a complaint or a report or for providing
19information to or cooperating with the department or the
20commission in the course of an investigation or proceeding
21conducted under this act. [This section shall not apply to
22malicious action by any person or the provision of false
23information if the person knew or had reason to know that the
24information was false.]

25(b) A school entity which provides information about the
26professional conduct of a former or current employe to a
27prospective employer of that employe is immune from civil
28liability for the disclosure of the information.

29(c) This section shall not apply to malicious action by any
30person or school entity or the provision of false information if

1the person or school entity knew, or had reason to know, that
2the information was false.

3Section 11. The act is amended by adding a section to read:

4Section 17.2. Confidentiality.--(a) Except as otherwise
5provided in this act, all information relating to any complaints
6or any proceedings relating to or resulting from such
7complaints, including the identity of the complainant, shall
8remain confidential, unless or until discipline is imposed,
9other than a private reprimand or a supplemental sanction deemed
10private by the commission, any provision of law to the contrary
11notwithstanding unless otherwise specified in this act. All
12records pertaining to proceedings resulting in public
13discipline, excluding those records that are privileged or
14otherwise protected from release, shall become public after the
15exhaustion of all appeals except where the commission has
16determined that immediate discipline is necessary. Records
17pertaining to immediate discipline proceedings are public at the
18time that the immediate discipline is imposed.

19(b) Any person who releases or gives out information deemed
20confidential under this act, without authorization of the
21commission or as authorized by this act, commits a misdemeanor
22of the third degree.

23(c) This section shall not prohibit any person from
24disclosing information previously made public as a result of
25action by a school entity to discipline or dismiss an employe
26for cause or as a result of an employe's having been formally
27indicted for or convicted of a crime or from disclosing
28information that was known or available independently of the
29disciplinary proceeding.

30(d) The provisions of this section shall not apply to

1information relating to reinstatements or to proceedings under
2section 9.2 or 9.5.

3(e) The commission may order the release of confidential
4information upon petition of any interested party when it is
5just and proper. Petitions for release of information deemed
6confidential under this section shall be filed with the
7commission in accordance with procedures established by the
8commission.

9(f) Nothing in this section shall be construed to:

10(1) Deny an educator access to information necessary to
11prepare a defense in a disciplinary proceeding under this act.

12(2) Prevent the department or a school entity from
13investigating or prosecuting allegations of misconduct.

14(3) Prevent the commission, the department or a school
15entity from providing information to, or consulting with, a law
16enforcement, child protective services or licensing agency of
17the Commonwealth or other state or jurisdiction.

18(4) Prevent a school entity from disclosing information
19developed in the course of investigations conducted by the
20school entity whether conducted independently or by direction of
21the department in any disciplinary proceeding against the
22educator.

23(g) An individual contacted in the course of the
24department's investigation and prosecution shall be subject to
25the confidentiality provisions of this section.

26Section 12. Section 18 of the act, amended December 20, 2000
27(P.L.918, No.123), is amended to read:

28Section 18. Commission Proceedings and Procedures.--(a) The
29commission shall conduct its disciplinary proceedings in
30accordance with the provisions of this act and Title 2 of the

1Pennsylvania Consolidated Statutes (relating to administrative
2law and procedure), unless otherwise specified in this act; if
3any inconsistency arises, the provisions of this act shall be
4controlling. [Any] In all disciplinary proceedings conducted by 
5or on behalf of the commission, the educator is entitled to 
6represent himself or be represented by legal counsel. In all 
7public hearings conducted by the commission, a person is
8entitled to be heard by the commission in person, in writing,
9through counsel or through his or her designated
10representative[,] in accordance with procedures adopted pursuant
11to this act. The commission shall enter as a matter of record
12the minutes of each meeting, every vote taken by the commission
13and every official act of the commission.

14[(b) In all investigations or disciplinary proceedings, the
15commission is authorized to issue subpoenas as provided for by
16law to compel the attendance and testimony of witnesses and the
17production of books, records, documents and other evidentiary
18material. A professional educator shall have five days from
19service to respond to a subpoena.]

20(c) No commissioner shall vote in any case where:

21(1) the [professional] educator who is the subject of the
22proceeding is employed by the same school entity[; or] as the 
23commissioner;

24(2) the [professional] educator who is the subject of the 
25proceeding is a member of a Statewide [professional] educator
26organization of which the commissioner is an officer, director
27or employe[.];

28(3) the commissioner has filed a misconduct complaint as
29permitted under this act against the educator; or

30(4) the commissioner has any personal and independent

1knowledge of the educator or issues in the case that would
2compromise the commissioner's ability to make an impartial
3decision.

4Section 13. The act is amended by adding sections to read:

5Section 18.2. Subpoenas.--(a) The commission or its legal
6counsel, as its designee, shall have the power:

7(1) To issue investigatory subpoenas upon petition by the
8department for purposes of reviewing a complaint and
9investigating alleged educator misconduct under this act. Notice
10of the subpoena shall be issued to the educator who is the
11subject of the complaint or investigation in accordance with
12bylaws promulgated by the commission.

13(2) To issue subpoenas after the filing of charges as
14provided for under the provisions of this act, commission bylaws
15and 2 Pa.C.S. (relating to administrative law and procedure) to
16compel the attendance and testimony of witnesses and the
17production of books, records, documents and other evidentiary
18material.

19(b) A subpoena issued under this act shall clearly indicate
20on its face that the subpoena is issued in connection with a
21confidential proceeding and a breach of confidentiality by the
22persons or entity subpoenaed may result in a civil penalty or
23misdemeanor.

24Section 18.3. Disposition of Fees and Fines Collected.--All
25fees, fines, costs and civil penalties shall be paid into the
26State Treasury through the department and credited to a
27restricted receipts account in the General Fund that shall be
28known as the Professional Educator Discipline Account, which is
29hereby established. Funds in the account may be utilized to the
30extent of expenditures incurred by the department and the

1commission in the implementation of their respective duties
2under this act.

3Section 14. This act shall take effect in 60 days.