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§ 2070.9b. Discipline for criminal offenses

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. § 2070.9b
§ 2070.9b. Discipline for criminal offenses
(a) The commission shall:
(1) Direct the department to immediately suspend the certificate and employment eligibility of an educator indicted for a crime set forth in section 111(e)(1) through (3) of the act of March 10, 1949 (P.L. 30, No. 14),1 known as the “Public School Code of 1949,” or the attempt, solicitation or conspiracy to commit any crime set forth in that section if the commission, after notice and hearing if requested, determines that the educator poses a threat to the health, safety or welfare of students or other persons in the schools of this Commonwealth in accordance with the following:
(i) Within 15 days of service of notice of charges issued by the department, the educator may request a hearing before the commission on the question of whether the certification or employment eligibility should be immediately suspended. The commission or a panel of members of the commission shall hold a hearing within 30 days of the receipt of the request for hearing. If the educator fails to request a hearing, the commission or a panel of members of the commission promptly shall convene a meeting to consider the request for immediate suspension. The commission or panel shall issue a decision within 20 days after the conclusion of the meeting or hearing, including receipt of the transcript or filing of any briefs. The educator may appeal the decision of the commission pursuant to section 15(a),2 except that an appeal filed shall not operate as a stay of the discipline.
(ii) The commission may elect not to direct the department to suspend the certificate and employment eligibility of any educator indicted for a crime under this subsection if the educator files an affidavit attesting that during the pendency of the criminal proceeding the educator will not be employed in a position that requires certification or involves direct contact with children or students. The commission shall not accept an affidavit when the allegations that form the basis of the criminal proceeding involve sexual misconduct or sexual abuse or exploitation of a child or student.
(iii) The commission shall direct the department to immediately lift a suspension upon receipt of certified court documents establishing that the charges have been dismissed or otherwise removed.
(iv) Upon petition by the educator, the commission may direct the department to reinstate the certificate and employment eligibility of an educator suspended under this paragraph or release the educator from an affidavit under subparagraph (ii) if the educator is admitted into an accelerated rehabilitative disposition program as a result of the indictment and the commission determines that the educator does not pose a threat to the health, safety or welfare of students or other individuals in a school. The commission shall conduct an expedited hearing, if requested, for an applicant for reinstatement or release under this subparagraph. Notwithstanding the provisions of this subparagraph, an applicant shall not be reinstated if the indictment was for an offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses) prior to successful completion of the accelerated rehabilitative disposition program and dismissal of the criminal charges.
(2) Direct the department to revoke the certificate and employment eligibility of an educator who has been convicted of a crime set forth in section 111(e)(1) through (3) of the “Public School Code of 1949,” a crime involving moral turpitude, or the attempt, solicitation or conspiracy to commit any crime set forth in this section upon the filing of a certified copy of the verdict or judgment or sentence of the court with the commission. The commission shall direct the department to immediately reinstate a certificate and employment eligibility upon receipt of certified court documents establishing that the conviction was reversed. For purposes of this paragraph, the term “conviction” shall include a plea of guilty or nolo contendere.
(b) Nothing in this section shall be construed to prevent the department from pursuing discipline under this act against any educator who has been acquitted, who has participated in an alternative disposition program or for whom the criminal charges were otherwise withdrawn or dismissed.

Credits

1973, Dec. 12, P.L. 397, No. 141, § 9.2, 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. § 2070.15.
24 P.S. § 2070.9b, PA ST 24 P.S. § 2070.9b
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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