Home Table of Contents

§ 2070.5. Power and duties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: February 18, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 2. Miscellaneous Laws Relating to Schools
Educator Discipline Act (Refs & Annos)
Effective: February 18, 2014
24 P.S. § 2070.5
Formerly cited as PA ST 24 P.S. § 12-1255
§ 2070.5. Power and duties
(a) The Professional Standards and Practices Commission shall have the power and its duty shall be:
(1) To recommend to the State Board rules and regulations defining positions for which certification should be required and criteria to determine qualifications, consistent with this act, necessary to hold such a certificate.
(2) To recommend to the State Board rules and regulations providing for making a certificate permanent upon evidence of such teaching experience and additional preparation as may by rule be required.
(3) To recommend to the State Board rules and regulations providing for the department's investigation and determination of the acceptability of programs of professional education in colleges and universities of this Commonwealth issuing degrees to persons who may desire to teach in the schools of this Commonwealth. The commission may recommend as its own, with or without modification, standards used by other organizations engaged in the evaluation of teacher preparation programs. In recommending standards pursuant to this clause, the commission shall consider, among other factors, the following:
(i) Ongoing research and developing theories in education.
(ii) The knowledge and skills necessary to effectively perform professional education functions.
(iii) The liberal arts and general education requirements that are the foundation of a teacher preparation program.
(iv) The value of student teaching, laboratory work and other professional experience as preparation for certification.
(v) The cultural and demographic diversity of relevant student populations.
(vi) Other interests of the public.
The commission shall assess the effectiveness of educator preparation programs and recommend changes to the State Board as indicated by such evaluations.
(4) To recommend to the State Board changes in teacher education programs based on commission conducted assessments of these programs.
(5) To recommend to the State Board rules and regulations providing for acceptance or approval of certificates to teach issued by other states, countries and bodies.
(6) To recommend to the State Board rules and regulations providing for the department to enter into agreements with agencies of other states for reciprocal approval of teacher preparation programs.
(7) To recommend to the State Board rules and regulations governing examinations for the initial certification of teachers.
(8) To cooperate with a national board for professional education certification recognized by the commission to such degree as, in the commission's judgment, shall bring advantage to the Commonwealth.
(9) To establish procedures for the commission's adjudication of educator misconduct and applications for reinstatement and for conducting public hearings, including the imposition of fines and fees.
(9.1) To adopt requirements regarding the submission of reports by the department on the processing of complaints in order to ensure the timely and effective resolution of complaints.
(10) To adopt and maintain a code for professional practice and conduct that shall be applicable to any educator as defined in this act, pursuant to the act of July 31, 1968 (P.L. 769, No. 240),1 referred to as the Commonwealth Documents Law. Nothing in the code for professional practice and conduct shall be an independent basis for discipline other than a public or private reprimand, nor shall it pertain to questions of membership or affiliation or nonaffiliation in an employe organization, or participation in the actions of an employe organization, or participation or nonparticipation in the actions of an employe organization related to the negotiation of a collective bargaining agreement, a strike or other work stoppage as defined under the act of July 23, 1970 (P.L. 563, No. 195),2 known as the “Public Employe Relations Act.”
(11) Deleted by 2013, Dec. 18, P.L. 1205, No. 120, § 3, effective in 60 days [Feb. 18, 2014].
(11.1) To direct the department to discipline any educator in accordance with section 9.2, 9.3, 9.4 or 9.5.3
(11.2) To impose supplemental sanctions or other conditions, corrective action, fines, costs or fees for violations of this act or for reinstatement, including requiring an educator, at the educator's own expense, to submit to the evaluation or care, counseling or treatment of a physician, psychologist, therapist or psychiatrist as designated by the commission or enter an impaired educator program or similar program approved by the commission.
(11.3) To issue subpoenas in accordance with procedures set forth in this act.
(12) To establish procedures which assure that actions concerning discipline and reinstatement of educators shall comply with due process requirements.
(12.1) To establish and participate in alternative dispute resolution programs to allow for flexibility, early resolution and cooperation in resolving charges filed under section 13.4
(12.2) To develop outreach programs, professional development and courses designed to improve the quality of practice and ethical conduct in the teaching profession.
(13) To keep minutes of its meetings and report annually to the Governor, the General Assembly, the State Board, the education profession and the public and to publish, from time to time, such other reports as it deems appropriate.
(14) To adopt, pursuant to the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, operating and procedural rules and regulations necessary to carry out the purposes of this act. The commission shall hold public hearings and take testimony concerning proposed recommendations which shall be presented to the State Board.
(a.1) Nothing in this act shall be construed to prevent organizations of the education profession from adopting measures designed to improve the standards and practices of ethics and academic freedom among their members and in their relationships with other persons and groups.
(b) All teachers' certificates in force in this Commonwealth on February 17, 2001, shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations, unless they are sooner annulled for the reasons and in the manner provided by law.
(c) Recommendations as outlined in subsection (a) shall be presented publicly at a scheduled State Board meeting. This presentation shall be prior to any board action on regulations, standards or guidelines affecting teacher certification, professional practices, accreditation of teacher education programs and long range plans.

Credits

1973, Dec. 12, P.L. 397, No. 141, § 5, imd. effective. Amended 1989, Dec. 14, P.L. 612, No. 71, § 1; 2000, Dec. 20, P.L. 918, No. 123, § 4, effective in 60 days; 2013, Dec. 18, P.L. 1205, No. 120, § 3, effective in 60 days [Feb. 18, 2014].

Footnotes

45 P.S. § 1102 et seq.
43 P.S. § 1101.101 et seq.
24 P.S. §§ 2070.9b to 2070.9e.
24 P.S. § 2070.13.
24 P.S. § 2070.5, PA ST 24 P.S. § 2070.5
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
End of Document