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§ 2070.9. Complaints and department investigations

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. § 2070.9
Formerly cited as PA ST 24 P.S. § 12-1259
§ 2070.9. Complaints and department investigations
(a) The filing of a written educator misconduct complaint with the department will initiate the department's review and investigation of an educator.
(b) For purposes of this act, the department may file an educator misconduct complaint.
(c) The department may by regulation prescribe standards for the filing of complaints. The complaint shall, at a minimum:
(1) be in a written form prescribed by the department;
(2) specify the nature and character of the allegations of misconduct; and
(3) be verified by the complainant or a duly authorized agent of the complainant and made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(d) The commission may not file a complaint. If an individual commissioner in his or her personal capacity or in the performance of his or her professional responsibilities as an employe of a school entity uncovers evidence of educator misconduct that would appear to warrant discipline under this act, the individual commissioner may file a complaint in accordance with the provisions of this act.
(e) Upon receipt of a complaint, the department shall promptly review it and all other complaints and information relating to the educator.
(1) If the facts alleged are not legally sufficient to warrant discipline under this act, the department shall dismiss the complaint and provide written notice of such dismissal to the complainant and to the educator.
(2) If the facts alleged are deemed legally sufficient to warrant discipline under this act, the department shall provide written notice of the legal sufficiency of the complaint to the educator, the current and former school entity in which the educator is or was employed and the complainant.
(2.1) If the facts alleged are deemed legally sufficient to warrant discipline, the department may conduct a preliminary investigation to determine whether there is probable cause to believe that grounds for discipline exist. The department shall be provided, upon request to the complainant, the educator and the current and former school entity in which the educator is or was employed, any relevant information and documentary and physical evidence it may reasonably require in pursuit of its preliminary investigation.
(3) If the department determines that probable cause does not exist, the department shall dismiss the complaint and provide a written notice of such dismissal to the educator, the complainant and the current and former school entity in which the educator is or was employed.
(4) If the department determines that probable cause exists, the department shall provide written notice to the educator, the complainant and the current and former school entity in which the educator is or was employed and may immediately conduct an investigation, which may include directing the school entity to investigate and comment upon the appropriateness of professional discipline in accordance with section 11.1
(f) In conducting its investigations under this act, the department may investigate any and all allegations of misconduct in the complaint or complaints and any other misconduct concerning the educator that is discovered in the course of the investigations.

Credits

1973, Dec. 12, P.L. 397, No. 141, § 9, added 1989, Dec. 14, P.L. 612, No. 71, § 3, effective in 60 days; Amended 2000, Dec. 20, P.L. 918, No. 123, § 4, effective in 60 days; 2013, Dec. 18, P.L. 1205, No. 120, § 5, effective in 60 days [Feb. 18, 2014].

Footnotes

24 P.S. § 2070.11.
24 P.S. § 2070.9, PA ST 24 P.S. § 2070.9
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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