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§ 2070.17b. Confidentiality

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. § 2070.17b
Formerly cited as PA ST 24 P.S. § 12-1260;  PA ST 24 P.S. § 12-1267;  PA ST 24 P.S. § 2070.10;  PA ST 24 P.S. § 2070.17
§ 2070.17b. Confidentiality
(a) Except as otherwise provided in this act, all information relating to any complaints or any proceedings relating to or resulting from such complaints, including the identity of the complainant, shall remain confidential, unless or until discipline is imposed, other than a private reprimand or a supplemental sanction deemed private by the commission, any provision of law to the contrary notwithstanding unless otherwise specified in this act. All records pertaining to proceedings resulting in public discipline, excluding those records that are privileged or otherwise protected from release, shall become public after the exhaustion of all appeals except where the commission has determined that immediate discipline is necessary. Records pertaining to immediate discipline proceedings are public at the time that the immediate discipline is imposed.
(b) Any person who releases or gives out information deemed confidential under this act, without authorization of the commission or as authorized by this act, commits a misdemeanor of the third degree.
(c) This section shall not prohibit any person from disclosing information previously made public as a result of action by a school entity to discipline or dismiss an employe for cause or as a result of an employe's having been formally indicted for or convicted of a crime or from disclosing information that was known or available independently of the disciplinary proceeding.
(d) The provisions of this section shall not apply to information relating to reinstatements or to proceedings under section 9.2 or 9.5.1
(e) The commission may order the release of confidential information upon petition of any interested party when it is just and proper. Petitions for release of information deemed confidential under this section shall be filed with the commission in accordance with procedures established by the commission.
(f) Nothing in this section shall be construed to:
(1) Deny an educator access to information necessary to prepare a defense in a disciplinary proceeding under this act.
(2) Prevent the department or a school entity from investigating or prosecuting allegations of misconduct.
(3) Prevent the commission, the department or a school entity from providing information to or consulting with a law enforcement, child protective services or licensing agency of the Commonwealth or other state or jurisdiction.
(4) Prevent a school entity from disclosing information developed in the course of investigations conducted by the school entity whether conducted independently or by direction of the department in any disciplinary proceeding against the educator.
(g) An individual contacted in the course of the department's investigation and prosecution shall be subject to the confidentiality provisions of this section.

Credits

1973, Dec. 12, P.L. 397, No. 141, § 17.2, added 2013, Dec. 18, P.L. 1205, No. 120, § 11, effective in 60 days [Feb. 18, 2014].

Footnotes

24 P.S. §§ 2070.9b and 2070.9e.
24 P.S. § 2070.17b, PA ST 24 P.S. § 2070.17b
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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