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§ 2070.1b. Definitions

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. § 2070.1b
Formerly cited as PA ST 24 P.S. § 12-1251;  PA ST 24 P.S. § 2070.1
§ 2070.1b. Definitions
When used in this act, the following words and phrases shall have the following meanings:
“Administrator” shall mean an educator who holds a letter of eligibility, a commission, an administrative certificate or a supervisory certificate or who serves in a school entity in a position that supervises the educational operations of a school building, a school program or a school system.
“Certificate” shall mean any Commonwealth of Pennsylvania certificate, commission, letter of eligibility or permit issued under the act of March 10, 1949 (P.L. 30, No. 14),1 known as the “Public School Code of 1949,” or under the act of January 28, 1988 (P.L. 24, No. 11),2 known as the “Private Academic Schools Act.” The term includes a certificate or letter of eligibility that is invalid or inactive as defined in 22 Pa. Code § 49.2 (relating to inactivity and invalidity).
“Charter or cyber charter school” shall mean a school established pursuant to Article XVII-A of the act of March 10, 1949 (P.L. 30, No. 14),3 known as the “Public School Code of 1949.”
“Charter or cyber charter school staff member” shall mean an individual employed by a charter or cyber charter school in a position for which certification would be required in a public school other than a charter or cyber charter school but who is not required to hold certification under section 1724-A of the act of March 10, 1949 (P.L. 30, No. 14),4 known as the “Public School Code of 1949.” The term includes an individual who is an administrator, including the chief administrator or the individual with primary responsibility for the administration of the charter or cyber charter school.
“Chief school administrator” shall mean the superintendent or chief executive officer of a school district, the executive director of an intermediate unit, the director of an area vocational-technical school,5 the chief administrator of a charter or cyber charter school, the director of a private academic school or the chief administrator of a contracted educational provider.
“Child” shall mean an individual who is less than 18 years of age.
“Commission” shall mean the Professional Standards and Practices Commission.
“Contracted educational provider” shall mean an individual or an entity with which a school entity has contracted to provide direct educational services to its students.
“Contracted educational provider staff member” shall mean a person who:
(1) serves in a position for which certification would be required in a public school; and
(2) is employed by a contracted educational provider or by or in a school entity as an individual contracted educational provider.
The term includes an individual who is an administrator, including the chief administrator or the individual with primary responsibility for the administration of a contracted educational provider.
“Department” shall mean the Department of Education of the Commonwealth.
“Discipline” shall mean any of the following:
(1) Private reprimand.
(2) Public reprimand.
(3) Suspension.
(4) Revocation.
(5) Surrender.
(6) Supplemental sanctions.
“Educational specialist” shall mean a person who holds an educational specialist certificate issued by the Commonwealth, including, but not limited to, a certificate in the area of elementary school counselor, secondary school counselor, social restoration, school nurse, home and school visitor, school psychologist, dental hygienist, instructional technology specialist or nutrition service specialist.
“Educator” shall mean a person who holds a certificate, who is a charter or cyber charter school staff member or who is a contracted educational provider staff member.
“Indictment” shall include a bill of indictment, police criminal complaint, criminal information or other similar document.
“Private academic school” shall mean a school that is licensed to operate under the act of January 28, 1988 (P.L. 24, No. 11), known as the “Private Academic Schools Act.”
“Revocation” shall mean the termination of a certificate, the termination of the eligibility to be employed as a charter or cyber charter school staff member or the termination of the eligibility to be employed as a contracted educational provider staff member.
“School entity” shall mean a school district, intermediate unit, area vocational-technical school, charter or cyber charter school, private academic school or contracted educational provider.
“Secretary” shall mean the Secretary of Education of the Commonwealth.
“Sexual abuse or exploitation” shall have the meaning given to the term by 23 Pa.C.S. Ch. 63 (relating to child protective services).
“Sexual misconduct” shall mean any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include, but are not limited to, the following:
(1) sexual or romantic invitations;
(2) dating or soliciting dates;
(3) engaging in sexualized or romantic dialogue;
(4) making sexually suggestive comments;
(5) self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
(6) any sexual, indecent, romantic or erotic contact with the child or student.
“State Board” shall mean the State Board of Education.
“State Board of Private Academic Schools” shall mean the departmental administrative board as established by the act of January 28, 1988 (P.L. 24, No. 11), known as the “Private Academic Schools Act.”
“Student” shall mean an individual enrolled in:
(1) a public school, including an intermediate unit, area vocational-technical school and a charter or cyber charter school;
(2) a private school, including a nonpublic, nonlicensed school, private academic school and accredited school; or
(3) a contracted educational provider.
“Supplemental sanctions” shall mean private or public disciplinary sanctions that focus on remediation or restitution, including, but not limited to, fees, fines, prescribed coursework, evaluations, treatment plans, impaired educator programs and other corrective action plans.
“Surrender” shall mean the termination by consent of a certificate or eligibility to be employed as a charter or cyber charter school staff member or as a contracted educational provider staff member whenever the surrender occurs at any time after the issuance of the certificate or the employment in a charter or cyber charter school or contracted educational provider.
“Suspension” shall mean the temporary termination of a certificate, the temporary termination of the eligibility to be employed as a charter or cyber charter school staff member or the temporary termination of the eligibility to be employed as a contracted educational provider staff member for a specific period of time, for an indefinite period of time or until specific conditions are met.
“Teacher” shall mean any person who holds a Pennsylvania teaching certificate or who is employed as a contracted educational provider staff member or by a charter or cyber charter school in a position for which certification would be required in a public school other than a charter or cyber charter school, but who is not required to hold certification under the act of March 10, 1949 (P.L. 30, No. 14), known as the “Public School Code of 1949.”

Credits

1973, Dec. 12, P.L. 397, No. 141, § 1.2, added 2000, Dec. 20, P.L. 918, No. 123, § 2, effective in 60 days. Affected 2009, Oct. 9, P.L. 537, No. 50, § 7(4)(v), imd. effective. Amended 2013, Dec. 18, P.L. 1205, No. 120, § 1, effective in 60 days [Feb. 18, 2014].

Footnotes

24 P.S. § 1-101 et seq.
24 P.S. § 6701 et seq.
24 P.S. § 17-1701-A et seq.
24 P.S. § 17-1724-A.
Reference to “area vocational-technical school” deemed to be reference to “area career and technical school”, pursuant to 2019, June 28, P.L. 117, No. 16, § 27; 2019, June 28, P.L. 146, No. 18, § 23; 2019, Oct. 30, P.L. 460, No. 76, § 62.
24 P.S. § 2070.1b, PA ST 24 P.S. § 2070.1b
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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