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:

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

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

7"Certificate" shall mean any Commonwealth of Pennsylvania
8certificate, commission, letter of eligibility or permit issued
9under the act of March 10, 1949 (P.L.30, No.14), known as the
10"Public School Code of 1949," or under the act of January 28,
111988 (P.L.24, No.11), known as the "Private Academic Schools
12Act." The term includes a certificate or letter of eligibility
13that is invalid or inactive as defined in 22 Pa. Code § 49.2
14(relating to inactivity and invalidity).

15"Charter or cyber charter school" shall mean a school
16established pursuant to Article XVII-A of the act of March 10,
171949 (P.L.30, No.14), known as the "Public School Code of 1949."

18"Charter or cyber charter school staff member" shall mean an
19individual employed by a charter or cyber charter school in a
20position for which [State] certification would be required in a
21public school other than a charter or cyber charter school but
22who is not required to hold [State] certification under section
231724-A of the act of March 10, 1949 (P.L.30, No.14), known as
24the "Public School Code of 1949." The term includes an
25individual who is an administrator, including the chief
26administrator or the individual with primary responsibility for
27the administration of the charter or cyber charter school.

28"Chief school administrator" shall mean the superintendent or 
29chief executive officer of a school district, the executive 
30director of an intermediate unit, the director of an area 

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

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

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

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

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

14(1) serves in a position for which certification would be
15required in a public school; and

16(2) is employed by a contracted educational provider or by
17or in a school entity as an individual contracted educational
18provider.

19The term includes an individual who is an administrator, 
20including the chief administrator or the individual with primary 
21responsibility for the administration of a contracted 
22educational provider.

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

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

27(1) [Issue a private] Private reprimand.

28(2) [Issue a public] Public reprimand.

29(3) [Direct the department to suspend the certificate of a
30professional educator] Suspension.

1(4) [Direct the department to revoke the certificate of a
2professional educator] Revocation.

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

7(6) Accept a professional certificate surrendered in lieu of
8discipline.]

9(5) Surrender.

10(6) Supplemental sanctions.

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

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

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

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

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

30["Professional educator" shall mean a person who is

1certificated as a teacher, educational specialist or an
2administrator in the Commonwealth.]

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

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

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

16"Sexual abuse or exploitation" shall [mean the employment,
17use, persuasion, inducement, enticement or coercion of a child
18or student to engage in or assist any other person to engage in
19any sexually explicit conduct or a simulation of any sexually
20explicit conduct for the purpose of producing a visual
21depiction, including photographing, videotaping, computer
22depicting or filming, of any sexually explicit conduct or
23conduct that constitutes an offense under 18 Pa.C.S. Ch. 31
24(relating to sexual offenses) or section 6312 (relating to
25sexual abuse of children) or other forms of sexual exploitation
26of children or students.] have the meaning given to the term by 
2723 Pa.C.S. Ch. 63 (relating to child protective services).

28"Sexual misconduct" shall mean any act, including, but not
29limited to, any verbal, nonverbal, written or electronic
30communication or physical activity, directed toward or with a

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

5(1) sexual or romantic invitations;

6(2) dating or soliciting dates;

7(3) engaging in sexualized or romantic dialogue;

8(4) making sexually suggestive comments;

9(5) self-disclosure or physical exposure of a sexual,
10romantic or erotic nature; or

11(6) any sexual, indecent, romantic or erotic contact with
12the child or student.

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

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

18"Student" shall mean an individual enrolled in:

19(1) a public school, including an intermediate unit, area
20vocational-technical school and a charter or cyber charter
21school;

22(2) a private school, including a nonpublic, nonlicensed
23school, private academic school and accredited school; or

24(3) a contracted educational provider.

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

30"Surrender" shall mean the termination by consent of a 

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

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

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

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

26Section 2. Section 2 of the act is amended to read:

27Section 2. Certification Requirements.--(a) No [person 
28shall teach in a public school] educator shall be employed by a 
29school entity in the Commonwealth unless he has met the 
30certification requirements which are applicable to the position 

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

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

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

22Section 3. Professional Standards and Practices
23Commission.--(a) There is hereby created a Professional
24Standards and Practices Commission consisting of thirteen
25members appointed by the Governor with the advice and consent of
26a majority of the members elected to the Senate.

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

1three years, the terms of five members expire.

2[(1) the terms of office of four members appointed in the
3calendar year 2000 shall expire on the third Tuesday of January
42001;

5(2) the terms of office of four members appointed in the
6calendar year 2000 shall expire on the third Tuesday of January
72002; and

8(3) the terms of office of five members appointed in the
9calendar year 2000 shall expire on the third Tuesday of January
102003.]

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

20Section 4. Membership and Qualifications.--(a) The
21membership of the Professional Standards and Practices
22Commission shall consist of:

23(1) [Seven classroom teachers, including one educational
24specialist, broadly representative of the teaching profession
25from public schools] Six classroom teachers broadly 
26representative of the education profession, with not more than 
27one from a school entity other than a public school.

28(2) Three administrators from [public schools] a school 
29entity, at least one of whom shall be a commissioned officer and
30one a principal, with not more than one from a school entity 

1other than a public school.

2(3) One administrator from an approved institution of higher
3learning in the Commonwealth offering approved teacher education
4programs.

5(4) Two members from the general public, at least one of
6whom shall be an elected public school director.

7(5) One educational specialist.

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

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

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

1member of the [board] State Board designated by the chairman,
2shall be an ex officio member of the commission without voting
3privileges.

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

9Section 5. Power and Duties.--(a) The Professional
10Standards and Practices Commission shall have the power and its
11duty shall be:

12(1) To recommend to the State Board [of Education] rules and
13regulations defining positions for which certification should be
14required and criteria to determine qualifications, consistent
15with this act, necessary to hold such a certificate.

16(2) To recommend to the State Board [of Education] rules and
17regulations providing for making a certificate permanent upon
18evidence of such teaching experience and additional preparation
19as may by rule be required.

20(3) To recommend to the State Board [of Education] rules and
21regulations providing for [the Department of Education] the 
22department's investigation and determination of the
23acceptability of programs of professional education in colleges
24and universities of this Commonwealth issuing degrees to persons
25who may desire to teach in the schools of this Commonwealth. The
26commission may recommend as its own, with or without
27modification, standards used by other organizations engaged in
28the evaluation of teacher preparation programs. In
29[establishing] recommending standards pursuant to this clause,
30the commission shall consider, among other factors, the

1following:

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

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

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

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

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

12(vi) Other interests of the public.

13The commission shall assess the effectiveness of educator
14preparation programs and recommend changes to the State Board
15[of Education] as indicated by such evaluations.

16(4) To recommend to the State Board [of Education] changes
17in teacher education programs based on commission conducted
18assessments of these programs.

19(5) To recommend to the State Board [of Education] rules and
20regulations providing for acceptance or approval of certificates
21to teach issued by other states, countries and bodies.

22(6) To recommend to the State Board [of Education] rules and
23regulations providing for the department to enter into
24agreements with agencies of other states for reciprocal approval
25of teacher preparation programs.

26(7) To recommend to the State Board [of Education] rules and
27regulations governing examinations for the initial certification
28of teachers.

29(8) To cooperate with a national board for professional
30education certification recognized by the commission to such

1degree as, in the commission's judgment, shall bring advantage
2to the Commonwealth.

3(9) To establish procedures for [conducting hearings
4pursuant to section 13 and for hearings regarding reinstatement
5of certificates] the commission's adjudication of educator 
6misconduct and applications for reinstatement and for conducting 
7public hearings, including the imposition of fines and fees.

8(9.1) To adopt requirements regarding the submission of
9reports by the department on the processing of complaints in
10order to ensure the timely and effective resolution of
11complaints.

12(10) To adopt and maintain a code for professional practice
13and conduct that shall be applicable to any educator as defined 
14in this act, pursuant to the act of July 31, 1968 (P.L.769,
15No.240), referred to as the Commonwealth Documents Law. Nothing
16in the code for professional practice and conduct shall be an
17independent basis for [the suspension or revocation of a
18certificate] discipline other than a public or private 
19reprimand, nor shall it pertain to questions of membership or
20affiliation or nonaffiliation in an employe organization, or
21participation in the actions of an employe organization, or
22participation or nonparticipation in the actions of an employe
23organization related to the negotiation of a collective
24bargaining agreement, a strike or other work stoppage as defined
25under the act of July 23, 1970 (P.L.563, No.195), known as the
26"Public Employe Relations [Act," provided that the code may
27specify those sections the violation of which may constitute a
28basis for reprimand.] Act."

29[(11) To discipline any professional educator or charter
30school staff member found guilty upon hearings before the

1commission of immorality, incompetency, intemperance, cruelty or
2negligence or for violation of any provision of the act of May
329, 1931 (P.L.210, No.126), entitled, as amended, "An act to
4regulate the certification and the registration of persons
5qualified to teach in accredited elementary and secondary
6schools in this State; imposing certain duties upon the
7Department of Public Instruction and the State Board of
8Education; defining violations; providing penalties, and for
9appeal to the court of common pleas of Dauphin County." The
10commission shall establish definitions consistent with this
11clause.]

12(11.1) To direct the department to [suspend or revoke the
13certificate of a professional educator or charter school staff
14member] discipline any educator in accordance with section 9.2, 
159.3, 9.4 or 9.5.

16(11.2) To impose supplemental sanctions or other conditions,
17corrective action, fines, costs or fees for violations of this
18act or for reinstatement, including requiring an educator, at
19the educator's own expense, to submit to the evaluation or care,
20counseling or treatment of a physician, psychologist, therapist
21or psychiatrist as designated by the commission or enter an
22impaired educator program or similar program approved by the
23commission.

24(11.3) To issue subpoenas in accordance with procedures set
25forth in this act.

26(12) To establish procedures which assure that actions
27concerning discipline and reinstatement of [professional]
28educators shall comply with due process requirements.

29(12.1) To establish and participate in alternative dispute
30resolution programs to allow for flexibility, early resolution

1and cooperation in resolving charges filed under section 13.

2(12.2) To develop outreach programs, professional
3development and courses designed to improve the quality of
4practice and ethical conduct in the teaching profession.

5(13) To keep minutes of its meetings and report annually to
6the Governor, the General Assembly, the State Board [of
7Education], the education profession and the public and to
8publish, from time to time, such other reports as it deems
9appropriate.

10(14) To adopt, pursuant to the act of July 31, 1968
11(P.L.769, No.240), referred to as the Commonwealth Documents
12Law, operating and procedural rules and regulations necessary to
13carry out the purposes of this act. The commission shall hold
14public hearings and take testimony concerning proposed
15recommendations which shall be presented to the State Board [of
16Education].

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

22(b) All teachers' certificates in force in this Commonwealth
23on [the effective date of this amendatory act] February 17, 
242001, shall continue in full force and effect, subject to all
25the terms and conditions under which they were issued, until
26they expire by virtue of their own limitations, unless they are
27sooner annulled for the reasons and in the manner provided by
28law.

29(c) Recommendations as outlined in subsection (a) shall be
30presented publicly at a scheduled State Board [of Education]

1meeting. This presentation shall be prior to any board action on
2regulations, standards or guidelines affecting teacher
3certification, professional practices, accreditation of teacher
4education programs and long range plans.

5Section 6. Organization and Meetings of the Commission.--(a)
6The Governor shall annually select a chairman from among the
7membership of the commission. The chairman, or a commission
8member designated by the chairman, shall be an ex officio member
9of the State Board [of Education] without voting privileges or
10assignment to either council.

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

25Section 4. Sections 7 and 8 of the act, amended December 14,
261989 (P.L.612, No.71), are amended to read:

27Section 7. Expenses.--Members of the commission shall
28receive no compensation for their services, but shall be
29reimbursed for their actual and necessary expenses incurred in
30the performance of official commission business. A member of the

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

23Section 8. Commission Staff.--(a) There shall be an
24executive director of the commission who shall serve as the
25executive officer and secretary of the commission. The
26commission and the secretary shall jointly employ and fix the
27compensation of the executive director. The executive director,
28with approval of the commission and the secretary, may employ
29additional professional and clerical personnel as may be
30necessary to carry out the duties and responsibilities of the

1commission. The [Department of Education] department shall
2provide adequate space and equipment to facilitate the
3activities of the commission.

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

6Section 5. Sections 9, 9.1 and 9.2 of the act, amended or
7added December 20, 2000 (P.L.918, No.123), are amended to read:

8Section 9. Complaints and Department Investigations.--(a)
9[A proceeding to discipline a professional educator shall be
10initiated by the filing of a complaint with the department by
11any interested party within one year from the date of the
12occurrence of any alleged action specified under section
135(a)(11), or from the date of its discovery. Complaints
14involving sexual abuse or exploitation of a child or a student
15may be filed beyond the date of the alleged occurrence or date
16of its discovery up until five years after the child or student
17reaches 18 years of age. If the alleged action is of a
18continuing nature, the date of its occurrence is the last date
19on which the conduct occurred.] The filing of a written educator 
20misconduct complaint with the department will initiate the 
21department's review and investigation of an educator.

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

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

26(1) be in a written form prescribed by the department;

27(2) specify the nature and character of the [charges]
28allegations of misconduct; and

29(3) be verified [under oath by the complaining party] by the 
30complainant or a duly authorized agent of the [complaining

1party] complainant and made subject to the penalties of 18 
2Pa.C.S. § 4904 (relating to unsworn falsification to 
3authorities).

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

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

19(1) If the facts alleged are not legally sufficient to
20warrant discipline under this act, the department shall dismiss
21the complaint and provide written notice of such dismissal to
22the [complaining party and to the affected professional]
23complainant and to the educator.

24(2) If the facts alleged are deemed legally sufficient to
25warrant discipline[, the department shall notify the affected
26professional educator and the complaining party in writing of
27the sufficiency of the complaint and] under this act, the 
28department shall provide written notice of the legal sufficiency 
29of the complaint to the educator, the current and former school 
30entity in which the educator is or was employed and the 

1complainant.

2(2.1) If the facts alleged are deemed legally sufficient to 
3warrant discipline, the department may conduct a preliminary
4investigation to determine whether there is probable cause to
5believe that grounds for discipline exist. The department shall
6be provided, upon request to the complainant, the educator and 
7the current and former school entity in which the educator is or 
8was employed, any [documents] relevant information and 
9documentary and physical evidence it may reasonably require in
10pursuit of its preliminary investigation. [Such request shall be
11made in writing to the professional educator or the current or
12prior employer.]

13(3) If the department determines that probable cause does
14not exist, [it shall issue a written notice to the affected
15professional educator, the complaining party and the current or
16prior employer if the employer was notified of the complaint. If
17a finding of probable cause is made, the department shall so
18notify the affected professional educator and the complaining
19party and may immediately conduct an investigation pursuant to
20section 12 or transmit its preliminary findings to the local
21school governing board of the school entity in which the
22affected professional educator is or was last serving, to allow
23the local school board to investigate and comment upon the
24appropriateness of professional discipline.] the department 
25shall dismiss the complaint and provide a written notice of such 
26dismissal to the educator, the complainant and the current and 
27former school entity in which the educator is or was employed.

28(4) If the department determines that probable cause exists,
29the department shall provide written notice to the educator, the
30complainant and the current and former school entity in which

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

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

10Section 9.1. [Reporting to Department] Mandatory 
11Reporting.--(a) The [superintendent, assistant superintendent,
12executive director of an intermediate unit, chief administrator
13of an area vocational-technical school, administrator of a
14charter school or their designees shall report any] chief school 
15administrator or his designee shall file all of the following
16[to] information with the department in writing on a form 
17prescribed by the department:

18(1) [The dismissal of a certificated employe] Any educator 
19who has been provided with notice of intent to dismiss or remove 
20for cause, notice of nonrenewal for cause, notice of removal 
21from eligibility lists for cause or notice of a determination 
22not to reemploy for cause. The report shall be filed within [30]
2315 days after [an administrative decision by an arbitrator or
24the local board of school directors] notice is provided by a 
25school entity.

26(2) [Conduct that has resulted in a criminal indictment or
27conviction for a crime set forth in section 111(e)(1) through
28(3) of the act of March 10, 1949 (P.L.30, No.14), known as the
29"Public School Code of 1949," or other crime that involves moral
30turpitude. The report shall be filed within 30 days of the

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

9(3) [Information which constitutes reasonable cause to
10believe that a certificated employe has caused physical injury
11to a student or child as a result of negligence or malice or
12has] Any educator against whom allegations have been made that 
13the educator has:

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

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

17The report shall be filed within [60] 15 days of the [receipt of
18the information.] discovery of the allegations of misconduct.

19(3.1) Information which constitutes reasonable cause to
20suspect that an educator has caused physical injury to a child
21or student as a result of negligence or malice. The report shall
22be filed within 15 days of the discovery of the information.

23(4) Any educator who has resigned, retired or otherwise
24separated from employment after a school entity has received
25information of alleged misconduct under this act. The report
26shall be filed within 15 days of the separation from employment,
27notwithstanding any termination agreement to the contrary that
28the school entity may enter into with the educator.

29(5) Any educator who is the subject of a report filed by the
30school entity under the reporting requirements of 23 Pa.C.S. Ch.

163 (relating to child protective services). The report shall be
2filed within 15 days of the filing of the child protective
3services report.

4(6) Any educator who the school entity knows to have been
5named as the perpetrator of an indicated or founded report of
6child abuse or named as an individual responsible for injury or
7abuse in an indicated or founded report for a school employe
8under 23 Pa.C.S. Ch. 63. The report shall be filed within 15
9days of discovery of the child protective services report.

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

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

24(d) An educator who knows of any action, inaction or conduct
25which constitutes sexual abuse or exploitation or sexual
26misconduct under this act shall file a mandatory report with the
27department and shall report such misconduct to his or her chief
28school administrator and immediate supervisor. The report shall
29be filed within 15 days of the discovery of the sexual abuse or
30exploitation or sexual misconduct.

1(e) All reports submitted to the department shall include an 
2inventory of all information and documentary and physical 
3evidence in possession or control of the school entity relating 
4to the misconduct resulting in the report and the name and 
5contact information for the current custodian of the items 
6listed in the inventory. The school entity shall provide 
7promptly to the department any documents or items requested 
8after the department reviews the inventory.

9Section 9.2. [Imposition of Discipline.--] Discipline for 
10Criminal Offenses.--(a) The commission shall [do all of the
11following regarding suspension or revocation of a professional
12certificate]:

13(1) Direct the department to immediately suspend the
14certificate [of a professional] and employment eligibility of an
15educator indicted for a crime set forth in section 111(e)(1)
16through (3) of the act of March 10, 1949 (P.L.30, No.14), known
17as the "Public School Code of 1949," or the attempt, 
18solicitation or conspiracy to commit any crime set forth in that 
19section if the commission, after notice and hearing if
20requested, determines that the [professional] educator poses a
21threat to the health, safety or welfare of [a student] students
22or other [individual in a school] persons in the schools of this 
23Commonwealth in accordance with the following:

24(i) Within 15 days of [the receipt] service of notice of
25charges issued by the department, the [professional] educator
26may request a hearing before the commission on the question of 
27whether the certification or employment eligibility should be 
28immediately suspended. The commission or a [committee] panel of
29members of the commission shall hold a hearing within [15] 30
30days of the receipt of the request for hearing. If the educator 

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

10(ii) The commission may elect not to direct the department 
11to suspend the certificate [of a professional] and employment 
12eligibility of any educator indicted for a crime under this
13subsection if the [professional] educator files an affidavit
14attesting that during the pendency of the criminal [charge the
15professional] proceeding the educator will not be employed in a
16position that requires [professional] certification or involves
17direct contact with children or students. The commission shall 
18not accept an affidavit when the allegations that form the basis 
19of the criminal proceeding involve sexual misconduct or sexual 
20abuse or exploitation of a child or student.

21(iii) The commission shall direct the department to
22immediately lift a suspension upon receipt of certified court
23documents establishing that the charges have been dismissed or
24otherwise removed.

25(iv) [The commission may reinstate the certificate of a
26professional] Upon petition by the educator, the commission may 
27direct the department to reinstate the certificate and 
28employment eligibility of an educator suspended under this
29paragraph or release the [professional] educator from an
30affidavit under subparagraph (ii) if the [professional educator

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

14(2) Direct the department to revoke the certificate [of a
15professional] and employment eligibility of an educator who has
16been convicted of a crime set forth in section 111(e)(1) through
17(3) of the "Public School Code of 1949," [or] a crime involving
18moral turpitude, [or an equivalent crime in Federal court or a
19court of another state, territory or nation,] or the attempt, 
20solicitation or conspiracy to commit any crime set forth in this 
21section upon the filing of a certified copy of the verdict or
22judgment or sentence of the court with the commission. The
23commission shall direct the department to immediately reinstate
24a certificate and employment eligibility upon receipt of
25certified court documents establishing that the conviction was
26reversed [on appeal]. For purposes of this paragraph, the term
27"conviction" shall include a plea of guilty or nolo contendere.

28[(3) Direct the department to discipline a professional
29educator upon receipt of a certified copy of an adjudication
30from the appropriate licensing authority in another state,

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

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

16(ii) the discipline is substantially different from what
17would have been imposed for similar conduct in this
18Commonwealth; or

19(iii) the procedure used in the other jurisdiction did not
20provide due process.

21(4) Direct reinstatement of a certificate revoked, suspended
22or surrendered in lieu of discipline in accordance with this
23act.]

24(b) Nothing in this section shall be construed to prevent
25the department from pursuing discipline under this act against
26any educator who has been acquitted, who has participated in an
27alternative disposition program or for whom the criminal charges
28were otherwise withdrawn or dismissed.

29Section 6. The act is amended by adding sections to read:

30Section 9.3. Imposition of Discipline on Additional

1Grounds.--(a) The commission shall direct the department to
2impose discipline against any educator for conduct found by the
3commission to constitute:

4(1) Immorality.

5(2) Incompetency.

6(3) Intemperance.

7(4) Cruelty.

8(5) Negligence.

9(6) Sexual misconduct.

10(7) Sexual abuse or exploitation.

11(8) A violation of the code for professional practice and
12conduct adopted pursuant to section 5(a)(10).

13(9) Illegal use of professional title as set forth in the
14act of May 29, 1931 (P.L.210, No.126), entitled "An act to
15regulate the certification and the registration of persons
16qualified to teach in accredited elementary and secondary
17schools in this State; imposing certain duties upon the
18Department of Public Instruction and the State Board of
19Education; defining violations; providing penalties, and for
20appeal to the court of common pleas of Dauphin County."

21(10) Failure to comply with duties under this act, including
22the mandatory reporting duties set forth in section 9.1.

23(11) Actions taken by an educator to threaten, coerce or
24discriminate or otherwise retaliate against an individual who in
25good faith reports actual or suspected misconduct under this act
26or against complainants, victims, witnesses or other individuals
27participating or cooperating in proceedings under this act.

28(b) The commission shall establish definitions consistent
29with this section.

30Section 9.4. Imposition of Discipline on Founded and 

1Indicated Reports.--(a) Notwithstanding any provision of 23 
2Pa.C.S. Ch. 63 (relating to child protective services), the 
3commission shall:

4(1) Direct the department to revoke the certificate and
5employment eligibility of an educator who is named as the
6perpetrator of a founded report of child abuse or named as an
7individual responsible for injury or abuse in a founded report
8for a school employe under 23 Pa.C.S. Ch. 63 upon receipt of
9documentation verifying the founded report.

10(2) Direct the department to discipline an educator who is
11named as the perpetrator of an indicated report of child abuse
12or named as an individual responsible for injury or abuse in an
13indicated report for a school employe under 23 Pa.C.S. Ch. 63.
14Upon receipt of documentation verifying the indicated report
15after final determination by the Department of Public Welfare,
16the department shall issue an order directing that the educator
17show cause why the imposition of discipline against the
18educator's certificate and employment eligibility would be
19unwarranted. The educator shall respond within 30 days of
20service of the order. The commission shall order appropriate
21discipline against the educator's certificate and employment
22eligibility unless the educator demonstrates that:

23(i) the discipline would result in a grave injustice or be
24unwarranted; or

25(ii) the procedure used in the administrative procedure
26under 23 Pa.C.S. Ch. 63 did not provide due process.

27(3) Direct the department to immediately reinstate a
28certificate and employment eligibility upon receipt of a
29certified document establishing that a founded or indicated
30report of child abuse or founded or indicated report for a

1school employe was reversed or determined to be unfounded.

2(b) Nothing in this section shall be construed to prevent
3the department from pursuing discipline under this act against
4any educator for whom a founded or indicated report of child
5abuse or founded or indicated report for a school employe was
6reversed or determined to be unfounded.

7(c) For purposes of this section, "final determination"
8shall mean a final order issued by the Department of Public
9Welfare Bureau of Hearings and Appeals or the Secretary of
10Public Welfare in resolution of any administrative appeal of an
11indicated report or the expiration of the time period in which
12the subject of an indicated report may request an administrative
13appeal.

14Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a
15certified copy of an adjudication from the appropriate licensing
16authority in another state, territory or nation imposing
17discipline for grounds that are comparable to the grounds for
18discipline under this act, the department may issue an order
19directing that the educator show cause why the imposition of
20identical or comparable discipline in this Commonwealth would be
21unwarranted. The final adjudication by an appropriate licensing
22authority of another jurisdiction shall be conclusive as to the
23misconduct of an educator under this section. The educator shall
24respond within 30 days of service of the order to show cause.
25The commission may direct the department to impose the identical
26or comparable discipline unless the educator demonstrates that:

27(1) the discipline would result in a grave injustice;

28(2) the discipline is substantially different from what
29would have been imposed for similar conduct in this
30Commonwealth; or

1(3) the procedure used in the other jurisdiction did not
2provide due process.

3(b) Nothing in this section shall be construed to prevent
4the department from pursuing discipline against any educator
5disciplined in another state, territory or nation under other
6sections of this act.

7Section 9.6. Unavailability of Certain Defense and
8Mitigating Factor.--The consent of a child or a student to
9engage in sexual misconduct or sexual abuse or exploitation may
10not be a defense or a mitigating factor in any discipline
11proceeding under this act.

12Section 7. Section 10 of the act, amended December 20, 2000
13(P.L.918, No.123), is repealed:

14[Section 10. Confidentiality.--(a) All information relating
15to any complaints, including the identity of the complainant, or
16any proceedings relating to or resulting from such complaints,
17shall remain confidential, unless or until discipline, other
18than a private reprimand, is ordered, any provision of law to
19the contrary notwithstanding. Should proceedings, after all
20appeals, result in discipline, other than private reprimand,
21such discipline and all records pertaining thereto shall become
22public. There shall be no ex-parte communication on any pending
23matter regarding discipline.

24(b) This section shall not prohibit any person from
25disclosing information previously made public as a result of
26action by a school entity to dismiss a certified employe for
27cause or as a result of a certified employe having been formally
28charged with or convicted of a crime of moral turpitude or
29another offense requiring mandatory revocation of a certificate.

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

1reinstatements.

2(d) Nothing in this section shall be construed to deny a
3professional educator access to information necessary to prepare
4a defense in a disciplinary proceeding under this act.]

5Section 8. Sections 11, 12, 13, 14, 15 and 16 of the act,
6amended December 20, 2000 (P.L.918, No.123), are amended to
7read:

8Section 11. Duties of [Local School Board Officials] School 
9Entities.--(a) Upon receipt of [the preliminary findings]
10notification in writing from the department, a [local school
11board shall investigate] school entity shall investigate the 
12allegations of misconduct as directed by the department and may
13pursue the local disciplinary procedures established by law or
14by collective bargaining agreement for adjudication of
15complaints against [professional educators. The local school
16board shall inform the department within 90 days of receipt of
17the preliminary findings whether the local school board will
18pursue disciplinary action and whether the board believes that
19professional disciplinary action by the commission is warranted]
20an educator.

21(b) [The school board, when its local investigation is
22completed, may make a definite] Within 90 days of receipt of the 
23written notification from the department directing the school 
24entity to conduct an investigation, the school entity shall 
25inform the department of the outcome of its investigation and 
26whether it will pursue local employment action and may make a
27recommendation concerning discipline[. The school board shall
28notify the affected professional educator of any such
29recommendation and shall provide to the department] under this 
30act. The department, upon request by a school entity, may extend 

1the 90-day reporting period. In reporting the outcome of its 
2investigation, the school entity shall provide the department 
3with:

4(1) Its findings [and], a summary of the evidence gathered
5and an inventory of all documentary and physical evidence 
6related to the allegations of misconduct and the name and 
7contact information for the current custodian of items listed in 
8the inventory.

9(2) Any other relevant information which the department may
10request, including information related to individuals
11interviewed by the [local school board.] school entity.

12(b.1) If the school entity makes a recommendation concerning
13discipline, it shall notify the educator of such recommendation.

14(c) A school [district, intermediate unit, area vocational-
15technical school or charter school,] entity and any official or
16employe thereof[,] shall cooperate with the department during
17[all stages of the disciplinary process.] its review, 
18investigation or prosecution and promptly shall provide the 
19department with any relevant information and documentary and 
20physical evidence that the department may reasonably request.

21(d) When the department receives information at any time
22during the course of its review, investigation or prosecution of
23misconduct that the educator is currently employed by a school
24entity not previously notified under this act, the department
25shall notify the school entity of the complaint, investigation
26and charges so that the school entity may exercise its duties
27and rights under this act.

28(e) A school entity is prohibited from entering into any
29agreement with an educator or educator association whereby a
30school entity agrees not to comply with its mandatory reporting

1duties or other duties outlined in this act. Any agreement or
2provision of an agreement contrary to this subsection is void
3and unenforceable.

4Section 12. Department Action After Investigation.--After
5completion of [an] a preliminary or full investigation, the
6department may dismiss the [charges] complaint, determine that
7appropriate and sufficient punishment has been imposed by the
8[local school board, or initiate hearing procedures] school 
9entity, participate in alternative dispute resolution process, 
10enter into a written settlement agreement with the educator or 
11initiate the formal adjudicatory hearing process with the filing 
12of charges with the commission. If the complaint is dismissed or
13[it is determined that appropriate and sufficient punishment has
14been imposed by the local school board] otherwise resolved 
15without the filing of charges with the commission, the
16department shall inform the [professional] educator, the
17complainant and the [local school board of the determination]
18school entity of its resolution of the complaint.

19Section 13. Hearing.--(a) Upon determination to initiate
20[hearing procedures] the formal adjudicatory hearing process,
21the department shall[,] within 30 days[,] send a written notice
22to the [affected professional] educator advising of the charges
23and of his right to request a hearing within 30 days of
24[receipt] service of such notice. A copy of the written notice
25of the charges shall be served upon the [professional educator's
26current or prior employer] current and former school entity in 
27which the educator is or was employed. The notice of charges 
28shall set forth all acts or omissions which the department 
29asserts constitute misconduct and warrant discipline, which need 
30not be limited to the allegations in the complaint or 

1complaints, and may include allegations of misconduct that were 
2discovered in the course of the department's investigation of a 
3complaint or complaints.

4(b) Notwithstanding any other provision of this act, if the
5department in its discretion determines that immediate
6discipline is necessary to protect the health, safety or welfare
7of students or other persons in the schools of this
8Commonwealth, it [shall] may request that the commission modify
9the procedure set forth in this section and schedule an
10expedited hearing.

11(c) The hearing shall be held in accordance with the
12following procedures unless otherwise specified in this act or 
13ordered by the commission:

14(1) Within [45] 15 days of receiving a request for a
15hearing, the commission shall appoint a hearing officer from a
16list of impartial third parties qualified to conduct such
17hearings. The list shall have been previously agreed upon
18jointly by the Governor's General Counsel and at least two-
19thirds of the commission, and shall have at least five names
20which shall be chosen on a rotating basis.

21(2) The burden of proof shall be on the department, which
22shall act as prosecutor, to establish by a preponderance of the 
23evidence that grounds for discipline exist.

24(3) The [professional] educator against whom the [charge is]
25charges are made shall have the right to be represented by
26counsel and to present evidence and argument in accordance with
27rules of procedure promulgated by the commission.

28(4) [The governing board of the school entity in which the
29affected professional educator is or was last employed may
30intervene, for cause shown, in accordance with 1 Pa. Code §

135.28] After the filing of charges against an educator with the 
2commission, the current or former school entity in which the 
3educator is or was employed may intervene as of right in the 
4disciplinary proceeding. Admission as an intervener shall not be 
5construed as conferring full party status on the school entity, 
6and interveners are granted no rights which survive 
7discontinuance or resolution of the disciplinary matter before 
8the commission.

9(5) The hearing shall be closed[, unless the affected
10professional educator requests that it be open to the public. If
11the hearing is open, the hearing officer, in his discretion, may
12close any portion of the hearing for good cause shown. If the
13hearing is closed,] and only the department, commission members
14and staff, the [affected professional educator and his or her
15representatives, any intervenors] educator and his or her 
16counsel, any intervener or its counsel, if applicable, and any
17[material] witnesses shall be permitted to attend. [Students
18attending school in the district which employs the professional
19educator shall not be permitted to attend any hearing except as
20witnesses duly subpoenaed to testify with respect to the charges
21made.] Where a witness is a child or student, the commission or 
22its hearing officers may in their discretion permit a parent or 
23guardian to be in attendance during the testimony of the child 
24or student.

25(6) The department may recommend to the hearing officer and
26commission appropriate discipline.

27(7) [The hearing officer shall, within 60] Within 90 days
28after the conclusion of the hearing, [issue a decision
29concerning whether] receipt of the transcript and submission of 
30written legal memoranda, the hearing officer shall issue a 

1proposed report concerning whether the department has met its 
2burden of establishing that misconduct has occurred and whether
3discipline should be imposed. [A decision] The proposed report
4shall include findings of fact and conclusions of law and
5specify the recommended discipline.

6Section 14. [Decision] Proposed Report by Hearing Officer.--
7(a) The [decision] proposed report of the hearing officer shall
8[become final unless] be accepted by the commission unless:

9(1)  the [professional] educator or the department files
10[exceptions or a brief on] exceptions in accordance with 1 Pa. 
11Code §§ 35.211 (relating to procedure to except to proposed 
12report) and 35.212 (relating to content and form of briefs on 
13exceptions) within 30 days of the date [of] the [recommended
14decision.] proposed report was mailed;

15(2) within 60 days of the date the proposed report was
16mailed, the commission initiates a review of the proposed report
17in the absence of exceptions; or

18(3) within 60 days of the date the proposed report was
19mailed, the commission reopens the proceeding for the reception
20of further evidence in accordance with 1 Pa. Code § 35.233
21(relating to reopening by agency action).

22(b) [The commission shall promptly consider] After 
23consideration of exceptions to the hearing officer's [decision.
24The commission by a majority vote of the full membership]
25proposed report or further evidence or its review under this 
26section, the commission shall accept, modify or reject the
27hearing officer's [decision, except that, in the case of
28discipline of an administrator, all exceptions shall be taken by
29a special panel of at least nine members of the commission
30selected by the chairperson, which will include no more than

1three teachers] proposed report.

2[(c) Within 45 days after receiving the decision from the
3hearing officer and the exceptions thereto, the commission shall
4issue a written opinion and order affirming, reversing or
5modifying the hearing officer's decision and imposing
6discipline, if any.]

7Section 15. Appeal.--(a) An order of the commission
8regarding discipline [of a professional] or reinstatement of an
9educator may be appealed only by the department or the
10[professional] educator as an adjudication by a [State] 
11Commonwealth agency in the manner provided by law.

12(b) An appeal filed under subsection (a) shall operate as a
13stay of the discipline [until the determination] imposed under 
14this act until the resolution of the appeal, except where:

15(1) the grounds for discipline include sexual misconduct or
16sexual abuse or exploitation;

17(2) the commission's decision to discipline is accompanied
18by a finding that immediate discipline is necessary to protect
19the health, safety or welfare of students or other persons in
20the schools of this Commonwealth; or

21(3) the discipline imposed is the result of a negotiated 
22settlement between the parties or is imposed under section 9.2.

23(c) Where the commission's adjudication [is in favor of the
24professional educator] finds no educator misconduct under this 
25act, the charges pertaining to the disciplinary proceeding shall
26be expunged from any personal or professional file of the
27[professional] educator maintained by the department [and/or the
28local school entity.] and the school entity unless the school 
29entity has taken or is pursuing local disciplinary action 
30against the educator.

1(d) The commission shall make all adjudications imposing
2discipline, other than a private reprimand, available on a
3publicly accessible Internet website and shall cooperate with
4the department in maintaining a central online registry on a
5publicly accessible Internet website of charter and cyber
6charter school staff members and contracted educational provider
7staff members whose eligibility for employment has been
8suspended, revoked, surrendered or otherwise disciplined
9pursuant to this act.

10Section 16. Reinstatement.--(a) [Any professional] An
11educator whose certificate [has] or employment eligibility has
12been suspended, revoked or surrendered may apply to the
13commission for an order lifting the suspension or reinstating
14the certificate. The commission shall order the lifting of the
15suspension or reinstatement if the commission determines it
16would be just and proper. The commission shall seek and consider
17recommendations from the department prior to ordering the
18lifting of the suspension or reinstatement of the certificate
19and employment eligibility and shall conduct hearings on the
20application at the request of the [professional] educator in
21accordance with procedures [of this act] established by the 
22commission in accordance with this act. The commission shall 
23also seek and may consider recommendations from the school 
24entity or entities in which the educator was employed at the 
25time of the misconduct. For purposes of determining whether it
26is just and proper to lift a suspension or reinstate a
27certificate, the commission may consider:

28(1) The conduct which resulted in discipline.

29(2) Other past conduct of the applicant.

30(3) The applicant's current attitude toward past conduct.

1(4) Rehabilitation efforts and activities.

2(4.1) Evidence of compliance with any conditions imposed as
3part of the discipline.

4(5) References and letters of support [or] of or in
5opposition to reinstatement.

6(b) The commission shall not lift the suspension or
7reinstate the certificate [of a professional] or employment 
8eligibility of an educator if the suspension or revocation
9resulted from any of the following:

10(1) A finding of guilt by the commission for sexual abuse or
11exploitation.

12(2) Surrender of a certificate [in lieu of discipline] or 
13employment eligibility for conduct relating to sexual abuse or
14exploitation.

15(c) The commission shall not lift the suspension or
16reinstate the certificate or employment eligibility of [a
17professional] an educator convicted of an offense [under 18
18Pa.C.S. (relating to crimes and offenses)] set forth in section
19111(e)(1) through (3) of the act of March 10, 1949 (P.L.30,
20No.14), known as the "Public School Code of 1949" for the time
21period set forth in that section.

22Section 9. Section 17 of the act, amended December 20, 2000
23(P.L.918, No.123), is repealed:

24[Section 17. Unauthorized Release of Information.--(a)
25Except as otherwise provided in section 10, a member, staff
26member or employee of the commission, the Department of
27Education, or any local school entity who releases or gives out
28information received at a commission meeting or hearing or
29through any disciplinary proceedings conducted pursuant to this
30act, without authorization of the commission, is guilty of a

1misdemeanor of the third degree.

2(b) Any material witness or his or her representative who
3releases or gives out information received at a commission
4meeting or hearing involving disciplinary proceedings, or who
5releases or gives out information obtained as a result of direct
6involvement in the investigation of a professional educator or
7in any disciplinary proceedings conducted pursuant to this act,
8without authorization of the commission, is guilty of a
9misdemeanor of the third degree unless this information was
10known to the material witness or his or her representative prior
11to that meeting, hearing or investigation.]

12Section 10. Section 17.1 of the act, added December 20, 2000
13(P.L.918, No.123), is amended to read:

14Section 17.1. Immunity From Liability.--(a) Notwithstanding
15any other provision of law, no person shall be subject to civil
16liability for filing a complaint or a report or for providing
17information to or cooperating with the department or the
18commission in the course of an investigation or proceeding
19conducted under this act. [This section shall not apply to
20malicious action by any person or the provision of false
21information if the person knew or had reason to know that the
22information was false.]

23(b) A school entity which provides information about the
24professional conduct of a former or current employe to a
25prospective employer of that employe is immune from civil
26liability for the disclosure of the information.

27(c) This section shall not apply to malicious action by any
28person or school entity or the provision of false information if
29the person or school entity knew, or had reason to know, that
30the information was false.

1Section 11. The act is amended by adding a section to read:

2Section 17.2. Confidentiality.--(a) Except as otherwise
3provided in this act, all information relating to any complaints
4or any proceedings relating to or resulting from such
5complaints, including the identity of the complainant, shall
6remain confidential, unless or until discipline is imposed,
7other than a private reprimand or a supplemental sanction deemed
8private by the commission, any provision of law to the contrary
9notwithstanding unless otherwise specified in this act. All
10records pertaining to proceedings resulting in public
11discipline, excluding those records that are privileged or
12otherwise protected from release, shall become public after the
13exhaustion of all appeals except where the commission has
14determined that immediate discipline is necessary. Records
15pertaining to immediate discipline proceedings are public at the
16time that the immediate discipline is imposed.

17(b) Any person who releases or gives out information deemed
18confidential under this act, without authorization of the
19commission or as authorized by this act, commits a misdemeanor
20of the third degree.

21(c) This section shall not prohibit any person from
22disclosing information previously made public as a result of
23action by a school entity to discipline or dismiss an employe
24for cause or as a result of an employe's having been formally
25indicted for or convicted of a crime or from disclosing
26information that was known or available independently of the
27disciplinary proceeding.

28(d) The provisions of this section shall not apply to
29information relating to reinstatements or to proceedings under
30section 9.2 or 9.5.

1(e) The commission may order the release of confidential
2information upon petition of any interested party when it is
3just and proper. Petitions for release of information deemed
4confidential under this section shall be filed with the
5commission in accordance with procedures established by the
6commission.

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

8(1) Deny an educator access to information necessary to
9prepare a defense in a disciplinary proceeding under this act.

10(2) Prevent the department or a school entity from
11investigating or prosecuting allegations of misconduct.

12(3) Prevent the commission, the department or a school
13entity from providing information to, or consulting with, a law
14enforcement, child protective services or licensing agency of
15the Commonwealth or other state or jurisdiction.

16(4) Prevent a school entity from disclosing information
17developed in the course of investigations conducted by the
18school entity whether conducted independently or by direction of
19the department in any disciplinary proceeding against the
20educator.

21(g) An individual contacted in the course of the
22department's investigation and prosecution shall be subject to
23the confidentiality provisions of this section.

24Section 12. Section 18 of the act, amended December 20, 2000
25(P.L.918, No.123), is amended to read:

26Section 18. Commission Proceedings and Procedures.--(a) The
27commission shall conduct its disciplinary proceedings in
28accordance with the provisions of this act and Title 2 of the
29Pennsylvania Consolidated Statutes (relating to administrative
30law and procedure), unless otherwise specified in this act; if

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

12[(b) In all investigations or disciplinary proceedings, the
13commission is authorized to issue subpoenas as provided for by
14law to compel the attendance and testimony of witnesses and the
15production of books, records, documents and other evidentiary
16material. A professional educator shall have five days from
17service to respond to a subpoena.]

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

19(1) the [professional] educator who is the subject of the
20proceeding is employed by the same school entity[; or] as the 
21commissioner;

22(2) the [professional] educator who is the subject of the 
23proceeding is a member of a Statewide [professional] educator
24organization of which the commissioner is an officer, director
25or employe[.];

26(3) the commissioner has filed a misconduct complaint as
27permitted under this act against the educator; or

28(4) the commissioner has any personal and independent
29knowledge of the educator or issues in the case that would
30compromise the commissioner's ability to make an impartial

1decision.

2Section 13. The act is amended by adding sections to read:

3Section 18.2. Subpoenas.--(a) The commission or its legal
4counsel, as its designee, shall have the power:

5(1) To issue investigatory subpoenas upon petition by the
6department for purposes of reviewing a complaint and
7investigating alleged educator misconduct under this act. Notice
8of the subpoena shall be issued to the educator who is the
9subject of the complaint or investigation in accordance with
10bylaws promulgated by the commission.

11(2) To issue subpoenas after the filing of charges as
12provided for under the provisions of this act, commission bylaws
13and 2 Pa.C.S. (relating to administrative law and procedure) to
14compel the attendance and testimony of witnesses and the
15production of books, records, documents and other evidentiary
16material.

17(b) A subpoena issued under this act shall clearly indicate
18on its face that the subpoena is issued in connection with a
19confidential proceeding and a breach of confidentiality by the
20persons or entity subpoenaed may result in a civil penalty or
21misdemeanor.

22Section 18.3. Disposition of Fees and Fines Collected.--All
23fees, fines, costs and civil penalties shall be paid into the
24State Treasury through the department and credited to a
25restricted receipts account in the General Fund that shall be
26known as the Professional Educator Discipline Account, which is
27hereby established. Funds in the account may be utilized to the
28extent of expenditures incurred by the department and the
29commission in the implementation of their respective duties
30under this act.

1Section 14. This act shall take effect in 60 days.