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) (f.1) of
20the act of March 10, 1949 (P.L.30, No.14), known as the "Public
21School Code of 1949," shall report the indictment, arrest or
22conviction to the school entity at which the educator is
23currently employed within 72 hours of the indictment or
24conviction.

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

1exploitation or sexual misconduct.

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

10Section 9.2. [Imposition of Discipline.--] Discipline for 
11Criminal Offenses.--(a) The commission shall [do all of the
12following regarding suspension or revocation of a professional
13certificate]:

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

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

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

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

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

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

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

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

29[(3) Direct the department to discipline a professional
30educator upon receipt of a certified copy of an adjudication

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

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

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

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

22(4) Direct reinstatement of a certificate revoked, suspended
23or surrendered in lieu of discipline in accordance with this
24act.]

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

30Section 6. The act is amended by adding sections to read:

1Section 9.3. Imposition of Discipline on Additional
2Grounds.--(a) The commission shall direct the department to
3impose discipline against any educator for conduct found by the
4commission to constitute:

5(1) Immorality.

6(2) Incompetency.

7(3) Intemperance.

8(4) Cruelty.

9(5) Negligence.

10(6) Sexual misconduct.

11(7) Sexual abuse or exploitation.

12(8) A violation of the code for professional practice and
13conduct adopted pursuant to section 5(a)(10).

14(9) Illegal use of professional title as set forth in the
15act of May 29, 1931 (P.L.210, No.126), entitled "An act to
16regulate the certification and the registration of persons
17qualified to teach in accredited elementary and secondary
18schools in this State; imposing certain duties upon the
19Department of Public Instruction and the State Board of
20Education; defining violations; providing penalties, and for
21appeal to the court of common pleas of Dauphin County."

22(10) Failure to comply with duties under this act, including
23the mandatory reporting duties set forth in section 9.1.

24(11) Actions taken by an educator to threaten, coerce or
25discriminate or otherwise retaliate against an individual who in
26good faith reports actual or suspected misconduct under this act
27or against complainants, victims, witnesses or other individuals
28participating or cooperating in proceedings under this act.

29(b) The commission shall establish definitions consistent
30with this section.

1Section 9.4. Imposition of Discipline on Founded and 
2Indicated Reports.--(a) Notwithstanding any provision of 23 
3Pa.C.S. Ch. 63 (relating to child protective services), the 
4commission shall:

5(1) Direct the department to revoke the certificate and
6employment eligibility of an educator who is named as the
7perpetrator of a founded report of child abuse or named as an
8individual responsible for injury or abuse in a founded report
9for a school employe under 23 Pa.C.S. Ch. 63 upon receipt of
10documentation verifying the founded report.

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

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

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

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

1report of child abuse or founded or indicated report for a
2school employe was reversed or determined to be unfounded.

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

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

15Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a
16certified copy of an adjudication from the appropriate licensing
17authority in another state, territory or nation imposing
18discipline for grounds that are comparable to the grounds for
19discipline under this act, the department may issue an order
20directing that the educator show cause why the imposition of
21identical or comparable discipline in this Commonwealth would be
22unwarranted. The final adjudication by an appropriate licensing
23authority of another jurisdiction shall be conclusive as to the
24misconduct of an educator under this section. The educator shall
25respond within 30 days of service of the order to show cause.
26The commission may direct the department to impose the identical
27or comparable discipline unless the educator demonstrates that:

28(1) the discipline would result in a grave injustice;

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

1Commonwealth; or

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

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

8Section 9.6. Unavailability of Certain Defense and
9Mitigating Factor.--The consent of a child or a student to
10engage in sexual misconduct or sexual abuse or exploitation may
11not be a defense or a mitigating factor in any discipline
12proceeding under this act.

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

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

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

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

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

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

9Section 11. Duties of [Local School Board Officials] School 
10Entities.--(a) Upon receipt of [the preliminary findings]
11notification in writing from the department, a [local school
12board shall investigate] school entity shall investigate the 
13allegations of misconduct as directed by the department and may
14pursue the local disciplinary procedures established by law or
15by collective bargaining agreement for adjudication of
16complaints against [professional educators. The local school
17board shall inform the department within 90 days of receipt of
18the preliminary findings whether the local school board will
19pursue disciplinary action and whether the board believes that
20professional disciplinary action by the commission is warranted]
21an educator.

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

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

5(1) Its findings [and], a summary of the evidence gathered
6and an inventory of all documentary and physical evidence 
7related to the allegations of misconduct and the name and 
8contact information for the current custodian of items listed in 
9the inventory.

10(2) Any other relevant information which the department may
11request, including information related to individuals
12interviewed by the [local school board.] school entity.

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

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

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

29(e) A school entity is prohibited from entering into any
30agreement with an educator or educator association whereby a

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

5Section 12. Department Action After Investigation.--After
6completion of [an] a preliminary or full investigation, the
7department may dismiss the [charges] complaint, determine that
8appropriate and sufficient punishment has been imposed by the
9[local school board, or initiate hearing procedures] school 
10entity, participate in alternative dispute resolution process, 
11enter into a written settlement agreement with the educator or 
12initiate the formal adjudicatory hearing process with the filing 
13of charges with the commission. If the complaint is dismissed or
14[it is determined that appropriate and sufficient punishment has
15been imposed by the local school board] otherwise resolved 
16without the filing of charges with the commission, the
17department shall inform the [professional] educator, the
18complainant and the [local school board of the determination]
19school entity of its resolution of the complaint.

20Section 13. Hearing.--(a) Upon determination to initiate
21[hearing procedures] the formal adjudicatory hearing process,
22the department shall[,] within 30 days[,] send a written notice
23to the [affected professional] educator advising of the charges
24and of his right to request a hearing within 30 days of
25[receipt] service of such notice. A copy of the written notice
26of the charges shall be served upon the [professional educator's
27current or prior employer] current and former school entity in 
28which the educator is or was employed. The notice of charges 
29shall set forth all acts or omissions which the department 
30asserts constitute misconduct and warrant discipline, which need 

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

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

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

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

22(2) The burden of proof shall be on the department, which
23shall act as prosecutor, to establish by a preponderance of the 
24evidence that grounds for discipline exist.

25(3) The [professional] educator against whom the [charge is]
26charges are made shall have the right to be represented by
27counsel and to present evidence and argument in accordance with
28rules of procedure promulgated by the commission.

29(4) [The governing board of the school entity in which the
30affected professional educator is or was last employed may

1intervene, for cause shown, in accordance with 1 Pa. Code §
235.28] After the filing of charges against an educator with the 
3commission, the current or former school entity in which the 
4educator is or was employed may intervene as of right in the 
5disciplinary proceeding. Admission as an intervener shall not be 
6construed as conferring full party status on the school entity, 
7and interveners are granted no rights which survive 
8discontinuance or resolution of the disciplinary matter before 
9the commission.

10(5) The hearing shall be closed[, unless the affected
11professional educator requests that it be open to the public. If
12the hearing is open, the hearing officer, in his discretion, may
13close any portion of the hearing for good cause shown. If the
14hearing is closed,] and only the department, commission members
15and staff, the [affected professional educator and his or her
16representatives, any intervenors] educator and his or her 
17counsel, any intervener or its counsel, if applicable, and any
18[material] witnesses shall be permitted to attend. [Students
19attending school in the district which employs the professional
20educator shall not be permitted to attend any hearing except as
21witnesses duly subpoenaed to testify with respect to the charges
22made.] Where a witness is a child or student, the commission or 
23its hearing officers may in their discretion permit a parent or 
24guardian to be in attendance during the testimony of the child 
25or student.

26(6) The department may recommend to the hearing officer and
27commission appropriate discipline.

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

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

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

10(1)  the [professional] educator or the department files
11[exceptions or a brief on] exceptions in accordance with 1 Pa. 
12Code §§ 35.211 (relating to procedure to except to proposed 
13report) and 35.212 (relating to content and form of briefs on 
14exceptions) within 30 days of the date [of] the [recommended
15decision.] proposed report was mailed;

16(2) within 60 days of the date the proposed report was
17mailed, the commission initiates a review of the proposed report
18in the absence of exceptions; or

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

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

1selected by the chairperson, which will include no more than
2three teachers] proposed report.

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

8Section 15. Appeal.--(a) An order of the commission
9regarding discipline [of a professional] or reinstatement of an
10educator may be appealed only by the department or the
11[professional] educator as an adjudication by a [State] 
12Commonwealth agency in the manner provided by law.

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

16(1) the grounds for discipline include sexual misconduct or
17sexual abuse or exploitation;

18(2) the commission's decision to discipline is accompanied
19by a finding that immediate discipline is necessary to protect
20the health, safety or welfare of students or other persons in
21the schools of this Commonwealth; or

22(3) the discipline imposed is the result of a negotiated 
23settlement between the parties or is imposed under section 9.2.

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

1against the educator.

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

11Section 16. Reinstatement.--(a) [Any professional] An
12educator whose certificate [has] or employment eligibility has
13been suspended, revoked or surrendered may apply to the
14commission for an order lifting the suspension or reinstating
15the certificate. The commission shall order the lifting of the
16suspension or reinstatement if the commission determines it
17would be just and proper. The commission shall seek and consider
18recommendations from the department prior to ordering the
19lifting of the suspension or reinstatement of the certificate
20and employment eligibility and shall conduct hearings on the
21application at the request of the [professional] educator in
22accordance with procedures [of this act] established by the 
23commission in accordance with this act. The commission shall 
24also seek and may consider recommendations from the school 
25entity or entities in which the educator was employed at the 
26time of the misconduct. For purposes of determining whether it
27is just and proper to lift a suspension or reinstate a
28certificate, the commission may consider:

29(1) The conduct which resulted in discipline.

30(2) Other past conduct of the applicant.

1(3) The applicant's current attitude toward past conduct.

2(4) Rehabilitation efforts and activities.

3(4.1) Evidence of compliance with any conditions imposed as
4part of the discipline.

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

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

11(1) A finding of guilt by the commission for sexual abuse or
12exploitation.

13(2) Surrender of a certificate [in lieu of discipline] or 
14employment eligibility for conduct relating to sexual abuse or
15exploitation.

16(c) The commission shall not lift the suspension or
17reinstate the certificate or employment eligibility of [a
18professional] an educator convicted of an offense [under 18
19Pa.C.S. (relating to crimes and offenses)] set forth in section
20111(e)(1) through (3) of the act of March 10, 1949 (P.L.30,
21No.14), known as the "Public School Code of 1949" for the time
22period set forth in that section.

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

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

1act, without authorization of the commission, is guilty of a
2misdemeanor of the third degree.

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

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

15Section 17.1. Immunity From Liability.--(a) Notwithstanding
16any other provision of law, no person shall be subject to civil
17liability for filing a complaint or a report or for providing
18information to or cooperating with the department or the
19commission in the course of an investigation or proceeding
20conducted under this act. [This section shall not apply to
21malicious action by any person or the provision of false
22information if the person knew or had reason to know that the
23information was false.]

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

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

1the information was false.

2Section 11. The act is amended by adding a section to read:

3Section 17.2. Confidentiality.--(a) Except as otherwise
4provided in this act, all information relating to any complaints
5or any proceedings relating to or resulting from such
6complaints, including the identity of the complainant, shall
7remain confidential, unless or until discipline is imposed,
8other than a private reprimand or a supplemental sanction deemed
9private by the commission, any provision of law to the contrary
10notwithstanding unless otherwise specified in this act. All
11records pertaining to proceedings resulting in public
12discipline, excluding those records that are privileged or
13otherwise protected from release, shall become public after the
14exhaustion of all appeals except where the commission has
15determined that immediate discipline is necessary. Records
16pertaining to immediate discipline proceedings are public at the
17time that the immediate discipline is imposed.

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

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

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

1section 9.2 or 9.5.

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

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

9(1) Deny an educator access to information necessary to
10prepare a defense in a disciplinary proceeding under this act.

11(2) Prevent the department or a school entity from
12investigating or prosecuting allegations of misconduct.

13(3) Prevent the commission, the department or a school
14entity from providing information to, or consulting with, a law
15enforcement, child protective services or licensing agency of
16the Commonwealth or other state or jurisdiction.

17(4) Prevent a school entity from disclosing information
18developed in the course of investigations conducted by the
19school entity whether conducted independently or by direction of
20the department in any disciplinary proceeding against the
21educator.

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

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

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

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

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

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

20(1) the [professional] educator who is the subject of the
21proceeding is employed by the same school entity[; or] as the 
22commissioner;

23(2) the [professional] educator who is the subject of the 
24proceeding is a member of a Statewide [professional] educator
25organization of which the commissioner is an officer, director
26or employe[.];

27(3) the commissioner has filed a misconduct complaint as
28permitted under this act against the educator; or

29(4) the commissioner has any personal and independent
30knowledge of the educator or issues in the case that would

1compromise the commissioner's ability to make an impartial
2decision.

3Section 13. The act is amended by adding sections to read:

4Section 18.2. Subpoenas.--(a) The commission or its legal
5counsel, as its designee, shall have the power:

6(1) To issue investigatory subpoenas upon petition by the
7department for purposes of reviewing a complaint and
8investigating alleged educator misconduct under this act. Notice
9of the subpoena shall be issued to the educator who is the
10subject of the complaint or investigation in accordance with
11bylaws promulgated by the commission.

12(2) To issue subpoenas after the filing of charges as
13provided for under the provisions of this act, commission bylaws
14and 2 Pa.C.S. (relating to administrative law and procedure) to
15compel the attendance and testimony of witnesses and the
16production of books, records, documents and other evidentiary
17material.

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

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

1under this act.

2Section 14. This act shall take effect in 60 days.