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§ 2070.9a. Mandatory reporting

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. § 2070.9a
§ 2070.9a. Mandatory reporting
(a) The chief school administrator or his designee shall file all of the following information with the department in writing on a form prescribed by the department:
(1) Any educator who has been provided with notice of intent to dismiss or remove for cause, notice of nonrenewal for cause, notice of removal from eligibility lists for cause or notice of a determination not to reemploy for cause. The report shall be filed within 15 days after notice is provided by a school entity.
(2) Any educator who has been arrested or indicted for or convicted of any crime that is graded a misdemeanor or felony. For purposes of this section, the term conviction shall include a plea of guilty or nolo contendere. The report shall be filed within 15 days of discovery of the indictment, arrest or conviction.
(3) Any educator against whom allegations have been made that the educator has:
(i) committed sexual abuse or exploitation involving a child or student; or
(ii) engaged in sexual misconduct with a child or student.
The report shall be filed within 15 days of the discovery of the allegations of misconduct.
(3.1) Information which constitutes reasonable cause to suspect that an educator has caused physical injury to a child or student as a result of negligence or malice. The report shall be filed within 15 days of the discovery of the information.
(4) Any educator who has resigned, retired or otherwise separated from employment after a school entity has received information of alleged misconduct under this act. The report shall be filed within 15 days of the separation from employment, notwithstanding any termination agreement to the contrary that the school entity may enter into with the educator.
(5) Any educator who is the subject of a report filed by the school entity under the reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child protective services). The report shall be filed within 15 days of the filing of the child protective services report.
(6) Any educator who the school entity knows to have been named as the perpetrator of an indicated or founded report of child abuse or named as an individual responsible for injury or abuse in an indicated or founded report for a school employe under 23 Pa.C.S. Ch. 63. The report shall be filed within 15 days of discovery of the child protective services report.
(b) Deleted by 2013, Dec. 18, P.L. 1205, No. 120, § 5, effective in 60 days [Feb. 18, 2014].
(c) An educator who is arrested or indicted for or convicted of any crime enumerated under section 111(e) and (f.1) of the act of March 10, 1949 (P.L. 30, No. 14),1 known as the “Public School Code of 1949,” shall report the indictment, arrest or conviction to the school entity at which the educator is currently employed within 72 hours of the indictment or conviction.
(d) An educator who knows of any action, inaction or conduct which constitutes sexual abuse or exploitation or sexual misconduct under this act shall file a mandatory report with the department and shall report such misconduct to his or her chief school administrator and immediate supervisor. The report shall be filed within 15 days of the discovery of the sexual abuse or exploitation or sexual misconduct.
(e) All reports submitted to the department shall include an inventory of all information and documentary and physical evidence in possession or control of the school entity relating to the misconduct resulting in the report and the name and contact information for the current custodian of the items listed in the inventory. The school entity shall provide promptly to the department any documents or items requested after the department reviews the inventory.

Credits

1973, Dec. 12, P.L. 397, No. 141, § 9.1, added 2000, Dec. 20, P.L. 918, No. 123, § 5, effective in 60 days. Amended 2013, Dec. 18, P.L. 1205, No. 120, § 5, effective in 60 days [Feb. 18, 2014].

Footnotes

24 P.S. § 1-111.
24 P.S. § 2070.9a, PA ST 24 P.S. § 2070.9a
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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