reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.118 - Hearing officer's decision and exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 13(c)(7) of the act
				(24
				P. S. §
										2070.13(c)(7)), the
				hearing officer will issue a proposed report concerning whether the Department
				has met its burden of establishing that misconduct has occurred and whether
				discipline should be imposed within 90 days after the conclusion of the
				hearing, including the submissions of briefs and oral argument. A proposed
				report will include proposed findings of fact and conclusions of law, and will
				specify the discipline recommended.
(b) Under section 14(a) of the act
				(24
				P. S. §
										2070.14(a)), the
				decision of the hearing officer will become final unless excepted to by the
				Department or the educator within 30 days after the proposed report is mailed
				or unless the Commission initiates a review of the proposed report in the
				absence of exceptions or reopens the proceeding for the reception of further
				evidence within 60 days of the date the proposed report was mailed.
(c) The Commission will promptly consider
				exceptions to the hearing officer's proposed report. After receiving the
				proposed report of the hearing officer, the written exceptions thereto and the
				written response to exceptions, the Commission will set the matter for oral
				argument before the Commission. The Executive Director will provide notice to
				the parties of the meeting at which the Commission intends to consider the
				matter.
(d) When exceptions are
				filed or when the Commission initiates a review of the proposed report in the
				absence of exceptions, the Commission, by a majority vote of its full
				membership, will accept, modify or reject the hearing officer's proposed
				report.
This section cited in 22 Pa. Code §
											233.113 (relating to disciplinary
					 proceedings).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.119 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Educator or Department appeal.
Under section 15(a) of the act
				(24
				P. S. §
										2070.15(a)), an
				order of the Commission regarding discipline or reinstatement of an educator
				may be appealed only by the Department or the educator as an adjudication by a
				State agency in the manner provided by law.
(b)
Appeal stays discipline.
Under section 15(b) of the act, an appeal filed under section 15(a) of the act
				operates as a stay of the discipline until the determination of the appeal,
				except when the grounds for discipline include sexual misconduct or sexual
				abuse or exploitation, the Commission's decision to discipline is accompanied
				by a finding that immediate discipline is necessary to protect the health,
				safety or welfare of students or other persons in the schools of this
				Commonwealth, or when the discipline imposed is the result of a negotiated
				settlement between the parties or is imposed under section 9.2 of the act
				(24
				P. S. §
										2070.9b).
This section cited in 22 Pa. Code §
											233.113 (relating to disciplinary
					 proceedings)..
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.120 - Expedited hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding another provision of the
				act, if the Department determines that immediate discipline is necessary to
				protect the health, safety or welfare of students or other persons in the
				schools of this Commonwealth, section 13(b) of the act (24 P. S. §
										2070.13(b)) permits the
				Department to request that the Commission modify the hearing procedures set
				forth in section 13(c) of the act and schedule an expedited hearing.
(b) A written request by the Department that
				the Commission modify the procedures in section 13(c) of the act will be
				treated by the Commission as a petition under 1 Pa. Code §§
									35.17 and
				35.18 (relating to petitions
				generally; and petitions for issuance, amendment, waiver or deletion of
				regulations). An answer to the petition shall be filed with the Commission
				within 15 days after service of the petition, or at another time as directed by
				the Commission.
(c) If an educator
				is indicted for a crime set forth in section 111(e)(1)-(3) of the Public School
				Code of 1949 (24 P. S. §
										1-111(e)(1)-(3)) and the
				Department believes that the educator poses a threat to the health, safety or
				welfare of a student or other individuals in a school, the Commission will
				expedite consideration of the suspension of the educator's certificate or
				eligibility under section 9.2(a)(1) of the act (24 P. S. §
										2070.9b(a)(1)) as follows:
(1) The educator's response to the notice of
				charges is due within 15 days of service of the notice of charges. If the
				educator requests a hearing in his response, the Commission or a committee
				thereof 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 will convene a meeting to consider the
				request for immediate suspension. The meeting may be conducted by
				telephone.
(2) Within 20 days after
				the conclusion of the hearing, including receipt of the transcript or the
				filing of briefs, the Commission or the committee will issue a
				decision.
(3) The educator may
				appeal the decision of the Commission as an adjudication of a State agency in
				accordance with section 15 of the act. An appeal of a suspension imposed under
				section 9.2(1) of the act
				does not operate as a stay of the discipline.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.121 - Reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
				certified copies of an adjudication from the licensing authority in another
				state, territory or nation imposing discipline for grounds that are comparable
				to grounds for discipline under the act, the Department may issue an order to
				show cause why the imposition of identical or comparable discipline would be
				unwarranted in this Commonwealth. The order to show cause will:
(1) Contain a statement of the particulars of
				the charges against the educator.
(2) Advise the educator of the right to
				respond within 30 days after receipt of the notice.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.122 - Expungement

Current through Register Vol. 54, No. 28, July 13, 2024
If the final decision of the Commission or appellate court of
				  proper jurisdiction in a disciplinary proceeding conducted under the act does
				  not find educator misconduct, section 15(c) of the act (24 P. S. §
										2070.15(c)) requires that
				  the charges pertaining to the Commission's disciplinary proceeding be expunged
				  from any personal or professional file of the educator maintained by the
				  Department and the local school entity, unless the school entity has taken or
				  is pursuing local disciplinary action against the educator.
This section cited in 22 Pa. Code §
											233.113 (relating to disciplinary
					 proceedings).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.123 - Reinstatements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application for reinstatement.
(1) Under section 16 of the act
				(24
				P. S. §
											2070.16), an educator whose
				certificate or employment eligibility has been suspended, surrendered or
				revoked may apply to the Commission for an order lifting the suspension or
				reinstating the certificate or employment eligibility. The application should
				be filed with the Commission, served upon the Department in accordance with 1
				Pa. Code Part II (relating to General Rules of Administrative Practice and
				Procedure) and be in the form prescribed by the Commission. The educator shall
				indicate expressly whether the educator wishes to invoke or waive the right to
				a hearing.
(2) The Commission will
				immediately assign a docket number and inform the educator, the Department and
				the governing board of the school entity or entities where the educator was
				employed at the time the misconduct occurred, as well as the school entity by
				which the applicant was last employed, if different.
(3) In accordance with section 16(b) of the
				act, the Commission will not consider any application for reinstatement of any
				educator whose certificate or employment eligibility was revoked or suspended
				as a result of a finding of guilt for sexual abuse or exploitation, or who
				surrendered a certificate or employment eligibility for conduct related to
				sexual abuse or exploitation.
(4)
				In accordance with section 16(c) of the act, the Commission will not consider
				any application for reinstatement of a certificate or eligibility of an
				educator convicted of a crime under 18 Pa.C.S. (relating to Crimes Code) set
				forth in section 111(e)(1)-(3) of the Public School Code of 1949 (24 P. S. §
											1-111(e)(1)-(3)) for the
				time period established in that section.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.124 - Power of subpoena

Current through Register Vol. 54, No. 28, July 13, 2024
In all investigations and disciplinary proceedings, the
				  Commission is authorized by section 18(b) of the act (24 P. S. §
										2070.18(b)) to issue
				  subpoenas as provided for by law for the purposes of assisting the Department
				  in reviewing complaints and investigating educator misconduct and to compel the
				  attendance and testimony of witnesses and the production of books, records,
				  documents and other evidentiary material. Petitions for the issuance of
				  subpoenas shall be filed with the hearing officer, if one has been appointed,
				  or with the Commission under 1 Pa. Code §
									35.142 (relating to subpoenas).
				  Objections to a petition for the issuance of subpoenas, which shall be filed
				  within 5 days from service, will be ruled upon by the hearing officer or, if
				  none has been appointed, by the legal counsel to the Commission. A decision of
				  the legal counsel may be appealed to the Commission under 1 Pa. Code §
									35.20 (relating to appeals from
				  actions of the staff).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.125 - Amendments

Current through Register Vol. 54, No. 28, July 13, 2024
Amendments to this chapter may be adopted by a two-thirds
				  vote of the Commission at a meeting for which a notice of amendments has been
				  given to the Commission members at least 14 days before the meeting. Amendments
				  may not be inconsistent with the act or another statute, regulation, executive
				  order or other order or directive binding upon the
				  Commission.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.126 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 5(a)(9.1 ) of the act (24 P. S. §
										2070.5(a)(9.1 )), the
				  Commission will direct the Department to report annually, or more frequently if
				  so needed, on the educator misconduct complaint system, including the number of
				  and the processing of complaints. The report will be in a form that will allow
				  the Commission to assess the efficacy of the system.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.1 - Mission

Current through Register Vol. 54, No. 28, July 13, 2024
The Professional Standards and Practices Commission (PSPC) is
				  committed to providing leadership for improving the quality of education in
				  this Commonwealth by establishing high standards for preparation,
				  certification, practice and ethical conduct in the teaching profession.
The provisions for this §
											235.1 amended under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10))..
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.2 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Professional
				conduct defines interactions between the individual educator and students, the
				employing agencies and other professionals. Generally, the responsibility for
				professional conduct rests with the individual educator. However, in this
				Commonwealth, the Professional Standards and Practices Commission (PSPC) is
				charged with the duty to adopt and maintain a code for professional practice
				and conduct that shall be applicable to any educator. See section 5(a)(10) of
				the Educator Discipline Act (act) (24 P.S. §
										2070.5(a)(10)).
(b) In recognition of the magnitude of the
				responsibility inherent in the education process and by virtue of the desire to
				maintain the respect and confidence of their colleagues, students, parents and
				the community, educators shall be guided in their conduct by their commitment
				to their students, colleagues and profession.
(c) Violations of any of the duties
				prescribed by this chapter may be used as supporting evidence in disciplinary
				proceedings conducted by or on behalf of the PSPC under the act. Violations of
				this chapter may also be an independent basis for a public or private
				reprimand. Discipline for conduct that constitutes both a basis for discipline
				under the act and an independent basis for discipline under this chapter shall
				not be limited to a public or private reprimand. Nothing in this chapter shall
				be construed to otherwise limit the Department of Education's authority to
				initiate an action under the act to suspend, revoke or otherwise discipline an
				educator's certificate or employment eligibility, or both.
(d) Nothing in this chapter shall be
				construed or interpreted to require an educator to violate any of the
				doctrines, tenets, policies, or practices of any religious or
				religiously-affiliated school in which that educator is employed.
The provisions for this §
											235.2 amended under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions for this §
											235.3 deleted under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.3a - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Educator Discipline Act (act)
				  (24
				  P.S. §§
										2070.1a-2070.18c).
Boundaries
-The verbal, physical, emotional
				  and social distances between an educator and a student.
Educator
-As defined in section 1.2 of the
				  act (24 P.S. §
										2070.1b).
Electronic communication
-A communication
				  transmitted by means of an electronic device such as a telephone, cellular
				  telephone, computer, computer network, personal data assistant or pager,
				  including e-mails, text messages, instant messages and communications made by
				  means of an Internet web site, such as social media and social networking web
				  sites, or mobile device applications.
Harm
-The impairment of learning or any
				  physical, emotional, psychological, sexual or intellectual damage to a student
				  or a member of the school community.
School entity
-As defined in section 1.2 of
				  the act (24 P.S. §
										2070.1b).
Sexual misconduct
-As defined in section 1.2
				  of the act (24 P.S. §
										2070.1b).
Unauthorized drugs
-Any controlled substance
				  or other drug possessed by a person not authorized by law to possess such
				  controlled substance or other drug.
The provisions for this §
											235.3a added under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.4 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions for this §
											235.4 deleted under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.5 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions for this §
											235.5 deleted under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.5a - Commitment to students

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				primary professional obligation of educators is to the students they
				serve.
(b) In fulfillment of the
				commitment to students, educators:
(1) Shall
				exercise their rights and powers in good faith and for the benefit of the
				student.
(2) Shall maintain
				appropriate professional relationships and boundaries with all students at all
				times, both in and outside the classroom.
(3) Shall not sexually harass students or
				engage in sexual misconduct.
(4)
				Shall exert reasonable effort to protect students from harm.
(5) Shall not intentionally expose a student
				to disparagement.
(6) Shall exhibit
				consistent and equitable treatment and shall not unlawfully discriminate
				against students.
(7) Shall not
				interfere with a student's exercise of political or civil rights and
				responsibilities.
(8) Shall not
				knowingly or intentionally distort or misrepresent evaluations of students or
				facts regarding students.
(9) Shall
				not knowingly or intentionally misrepresent subject matter or
				curriculum.
(10) Shall respect a
				student's right to privacy and comply with all Federal and State laws and
				regulations, and local policies concerning student records and confidential
				communications of students.
(11)
				Shall not be on school premises or at a school-related activity involving
				students, while under the influence of, possessing or consuming alcoholic
				beverages or illegal or unauthorized drugs.
(12) Shall not furnish, provide, or encourage
				students or underage persons to use, possess or unlawfully distribute alcohol,
				tobacco, vaping products, illegal or unauthorized drugs or knowingly allow any
				student or underage person to consume alcohol, tobacco, vaping products, or
				illegal or unauthorized drugs in the presence of the educator.
(13) Shall refrain from inappropriate
				communication with a student or minor, including, inappropriate communication
				achieved by electronic communication. Inappropriate communication includes
				communications that are sexually explicit, that include images, depictions,
				jokes, stories or other remarks of a sexualized nature, that can be reasonably
				interpreted as flirting or soliciting sexual contact or a romantic
				relationship, or that comment on the physical or sexual attractiveness or the
				romantic or sexual history, activities, preferences, desires or fantasies of
				either the educator or the student. Factors that may be considered in assessing
				whether other communication is inappropriate include:
(i) the nature, purpose, timing and
				amount/extent of the communication;
(ii) the subject matter of the communication;
				and
(iii) whether the communication
				was made openly or the educator attempted to conceal the
				communication.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.5b - Commitment to colleagues

Current through Register Vol. 54, No. 28, July 13, 2024
In fulfillment of the commitment to colleagues,
				  educators:
(1) Shall not knowingly and
				intentionally deny or impede a colleague in the exercise or enjoyment of a
				professional right or privilege in being an educator.
(2) Shall not knowingly and intentionally
				distort evaluations of colleagues.
(3) Shall not sexually harass a
				colleague.
(4) Shall not unlawfully
				discriminate against colleagues.
(5) Shall not interfere with a colleague's
				exercise of political or civil rights and responsibilities.
(6) Shall not use coercive means or promise
				special treatment to influence professional decisions of colleagues.
(7) Shall not threaten, coerce or
				discriminate against a colleague who in good faith reports or discloses to a
				governing agency actual or suspected violations of law, agency regulations or
				standards.
(8) Shall respect a
				colleague's right to privacy and comply with all Federal and State laws and
				regulations, and local policies concerning confidential health or personnel
				information.
The provisions for this §
											235.5b added under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.5c - Commitment to the profession

Current through Register Vol. 54, No. 28, July 13, 2024
In fulfillment of the commitment to the profession,
				  educators:
(1) Shall comply with all
				Federal, State, and local laws and regulations and with written school entity
				policies.
(2) Shall apply for,
				accept or assign a position or a responsibility on the basis of professional
				qualifications and abilities.
(3)
				Shall not knowingly assist entry into or continuance in the education
				profession of an unqualified person or recommend for employment a person who is
				not certificated appropriately for the position.
(4) Shall not intentionally or knowingly
				falsify a document or intentionally or knowingly make a misrepresentation on a
				matter related to education, criminal history, certification, employment,
				employment evaluation or professional duties.
(5) Shall not falsify records or direct or
				coerce others to do so.
(6) Shall
				accurately report all information required by the local school board or
				governing board, State education agency, Federal agency or State or Federal
				law.
(7) Shall not knowingly or
				intentionally withhold evidence from the proper authorities and shall cooperate
				fully during official investigations and proceedings.
(8) Shall comply with all local, State or
				Federal procedures related to the security of standardized tests, test supplies
				or resources. Educators shall not intentionally or knowingly commit, and shall
				use reasonable efforts to prevent, any act that breaches test security or
				compromises the integrity of the assessment, including copying or teaching
				identified test items, publishing or distributing test items or answers,
				discussing test items, providing unauthorized assistance to students,
				unauthorized alteration of test responses, results or data, and violating local
				school board or State directions for the use of tests.
(9) Shall not accept or offer gratuities,
				gifts or favors that impair or appear to influence professional judgment,
				decisions, or actions or to obtain special advantage. This section shall not
				restrict the acceptance of de minimis gifts or tokens offered and accepted
				openly from students, parents of students, or other persons or organizations in
				recognition or appreciation of service.
(10) Shall not exploit professional
				relationships with students, parents or colleagues for personal gain or
				advantage.
(11) Shall use school
				funds, property, facilities, and resources only in accordance with local
				policies and local, State and Federal laws.
The provisions for this §
											235.5c added under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 235 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS › Section 235.6-235.11 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions for these §§
											235.6-235.11 deleted under section
					 5(a)(10) of the Educator Discipline Act (24 P.S. §
												207.5(a)(10)).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under sections
				  5(a)(11) and 9.2 of the Professional Educator Discipline Act (act)
				  (24
				  P. S. §§
											2070.5(a)(11) and
				  2070.9b), the Professional
				  Standards and Practices Commission (Commission) is vested with the duty and
				  granted the power to discipline professional educators and charter school staff
				  members and to consider the reinstatement applications of professional
				  educators and charter school staff members who seek to have previously revoked
				  or suspended certificates or eligibility reinstated.
(b) Under the act, the Commission has adopted
				  this subchapter to define terms in section 5(a)(11) of the act which describe
				  the conduct for which discipline of a professional educator or charter school
				  staff member might be imposed by the Commission.
(c) This subchapter is not the sole authority
				  for defining terms under sections 5(a)(11) and 9.2 of the act. Judicial
				  interpretations and adjudications of the Commission will authoritatively define
				  the statutory terms. Judicial decisions and decisions of the Secretary under
				  Article XI, Part C of the Public School Code of 1949 (24 P. S. §§
											11-1121-11-1133) known as the Teachers'
				  Tenure Act and decisions of the Secretary under the Teachers' Tenure Act are
				  not binding upon the Commission but may be regarded as persuasive
				  authority.
(d) The standards and
				  conduct expected of a professional educator are also prescribed by Chapter 235
				  (relating to Code of Professional Practice and Conduct for Educators), the
				  violation of which may be grounds for discipline.
(e) The definitions found in section 1.1 of
				  the act (24 P. S. §
											2070.1b) are
				  incorporated herein by reference.
The provisions of this §
												237.1 amended under sections
						5(a)(11) and 9b of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.2 - Scope and effect

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This subchapter applies to the terms in
				  sections 5(a)(11) and 9.2 of the Professional Educator Discipline Act
				  (24
				  P. S. §§
											2070.5(a)(11) and
				  2070.9b), and proceedings
				  before the Commission. This subchapter does not apply to similar or identical
				  terms used in other regulations or statutes, including section 1122 of the
				  Public School Code of 1949 (24 P. S. §
											11-1122), or to proceedings before a board of
				  school directors or the Secretary under Article XI of the Public School Code of
				  1949 (24 P. S. §§
											11-1121-11-1133),
				  known as Teachers Tenure Act, or to proceedings before the Secretary under
				  section 2(i) and (j) of the act of May 29, 1931 (P. L. 210, No. 126), and
				  section 1211 of the Public School Code of 1949, which were partially preserved
				  from repeal by section 2 of the act of April 26, 1990 (P. L. 122, No.
				  33).
(b)
Statewide
				  effect.
The act and this subchapter will be construed and applied by
				  the Commission in the context of the Commission's power and duty to determine
				  the present, continuing and future fitness and ability of a person to properly
				  perform in this Commonwealth the duties and responsibilities of a professional
				  educator or charter school staff member.
The provisions of this §
												237.2 amended under sections
						5(a)(11) and 9b of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.3 - Immorality

Current through Register Vol. 54, No. 28, July 13, 2024
Immorality is conduct which offends the morals of the
					 Commonwealth and is a bad example to the youth whose ideals a professional
					 educator or charter school staff member has a duty to foster and
					 elevate.
The provisions of this §
												237.3 amended under sections
						5(a)(11) and 9b of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.4 - Incompetency

Current through Register Vol. 54, No. 28, July 13, 2024
Incompetency is a continuing or persistent mental or
					 intellectual inability or incapacity to perform the services expected of a
					 professional educator or a charter school staff member.
The provisions of this §
												237.4 amended under sections
						5(a)(11) and 9b of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.5 - Intemperance

Current through Register Vol. 54, No. 28, July 13, 2024
Intemperance is a loss of self-control or self-restraint,
					 which may result from excessive conduct.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.7 - Cruelty

Current through Register Vol. 54, No. 28, July 13, 2024
Cruelty is the intentional, malicious and unnecessary
					 infliction of physical or psychological pain upon living creatures,
					 particularly human beings.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.8 - Negligence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Negligence is continuing or persistent action or
				  omission in violation of a duty.
(b)
Duty.
A duty may be
				  established by law, by promulgated school rules, policies or procedures, by
				  express direction from superiors or by duties of professional responsibility,
				  including duties prescribed by Chapter 235 (relating to Code of Professional
				  Practice and Conduct for Educators).
The provisions of this §
												237.8 amended under sections
						5(a)(11) and 9b of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.9 - Crimes involving moral turpitude

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Moral turpitude includes the following:
(1) That element of personal misconduct in
				  the private and social duties which a person owes to his fellow human beings or
				  to society in general, which characterizes the act done as an act of baseness,
				  vileness or depravity, and contrary to the accepted and customary rule of right
				  and duty between two human beings.
(2) Conduct done knowingly contrary to
				  justice, honesty or good morals.
(3) Intentional, knowing or reckless conduct
				  causing bodily injury to another or intentional, knowing or reckless conduct
				  which, by physical menace, puts another in fear of imminent serious bodily
				  injury.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 237 - DEFINITIONS OF STATUTORY TERMS › Subchapter A - DEFINITIONS › Section 237.10 - Surrender in lieu of discipline

Current through Register Vol. 54, No. 28, July 13, 2024
A professional educator's teaching certificate or a charter
					 school staff member's eligibility to teach will be considered surrendered in
					 lieu of discipline whenever the certificate or eligibility is surrendered to
					 the Department after a local school entity furnishes the educator or charter
					 school staff member with a written statement of charges for dismissal under
					 section 1127 of the Public School Code of 1949 (24 P. S. §
											11-1127), or after the educator of charter
					 school staff member is discharged for cause by a local school entity, or after
					 the Department receives a report concerning the educator or charter school
					 staff member under section
					 9.1 of the Professional Educator
					 Discipline Act (24 P. S. §
											2070.9b) (act), or
					 after the Department receives a complaint concerning the educator or charter
					 staff member under section 9 of the act (24 P. S. §
											2070.9).
The provisions of this §
												237.10 issued under sections
						5(a)(11) and 9.2 of the Professional Educator Discipline Act (24 P. S. §§
													2070.5(a)(11) and
						2070.9b).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 238 - PENNSYLVANIA MODEL CODE OF ETHICS FOR EDUCATORS-STATEMENT OF POLICY › Section 238.1 - Adoption of the Pennsylvania Model Code of Ethics for Educators-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Professional Standards and Practices Commission (PSPC)
				  adopts by reference the Model Code of Ethics for Educators, 2nd Edition,
				  published by the National Association of State Directors of Teacher Education
				  and Certification, as the Pennsylvania Model Code of Ethics for Educators. A
				  copy of the publication may be obtained from the National Association of State
				  Directors of Teacher Education and Certification, 1629 K Street NW, Suite 300,
				  Washington, DC 20006, on the Internet web site of the National Association of
				  State Directors of Teacher Education and Certification at
https://www.nasdtec.net/page/MCEE_Doc
,
				  and on the Internet web site of the PSPC at
https://www.pspc.education.pa.gov
.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 238 - PENNSYLVANIA MODEL CODE OF ETHICS FOR EDUCATORS-STATEMENT OF POLICY › Section 238.2 - Using the Pennsylvania Model Code of Ethics for Educators-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				PSPC will use the Pennsylvania Model Code of Ethics for Educators to:
(1) Assist current and future educators and
				other persons employed by a school entity in making ethical
				decisions.
(2) Facilitate
				discussion among current and future educators and other persons employed by a
				school entity concerning issues related to ethical questions. The Executive
				Director shall plan training for school entities and educator preparation
				providers that includes the Pennsylvania Model Code of Ethics for
				Educators.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 238 - PENNSYLVANIA MODEL CODE OF ETHICS FOR EDUCATORS-STATEMENT OF POLICY › Section 238.3 - Clarification on the use of the Pennsylvania Model Code of Ethics for Educators-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania Model Code of Ethics for Educators will not
				  be used to constitute standards of professional conduct for educators.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  shall have, unless the context clearly indicates otherwise, the following
				  meanings:
Board
-The State Board of Education.
Chairperson
-The Chairperson of the
				  Commission.
Commission
-The Postsecondary Education
				  Planning Commission, formerly known as the 1202 Commission and also known as
				  the 1203 Commission, authorized by
				  20 U.S.C.A. §
										1143 and established by the Governor upon
				  recommendation of the Board through its resolution of March 15, 1974.
Council
-The Council of Higher Education of
				  the Board.
Department
-The Department of Education of
				  the Commonwealth.
Secretary
-The Secretary of Education of the
				  Commonwealth.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to plan for a comprehensive
				  system encompassing all forms of postsecondary education and thereby providing
				  educational opportunities and programs for all those in this Commonwealth who
				  have the aptitude and motivation to pursue postsecondary education and meet
				  more effectively the needs of society for an educated citizenry and trained
				  personnel. The Commission will make recommendations to the Board through its
				  Council regarding these matters and will provide advice at the request of the
				  Board about planning matters affecting major segments of the postsecondary
				  education community.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.6 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The chairperson
				of the Council or a designee from the Council will be chairperson. The
				chairperson will preside at all meetings, work closely with the Chief Executive
				Officer in developing meeting agenda, call meetings as needed, and generally
				represent the Commission.
(b) Other
				officers may be appointed on a permanent or temporary basis by the chairperson
				as the need demands.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.7 - Staff

Current through Register Vol. 54, No. 28, July 13, 2024
The Chief Executive Officer of the Commission will be the
				  Commissioner for Higher Education. The Chief Executive Officer will be
				  responsible for the observance of the provisions of this chapter, the general
				  coordination and management of the work of the Commission, and other related
				  matters. The responsibilities and duties of the staff will include the
				  following:
(1) Managing the
				administrative details of meetings of the Commission and any special committees
				appointed by the Commission, including the preparation of agenda, keeping of
				minutes and records of actions, proper circulation of notices of meetings of
				the Commission, and arranging for expenses.
(2) Organizing and providing information
				materials and assisting with reports of the Commission.
(3) Serving as a liaison between the
				Commission, the Department, and other agencies or organizations which are
				concerned with the services of the Commission.
(4) Providing advisory services to the
				Commission and its committees.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.8 - Committees

Current through Register Vol. 54, No. 28, July 13, 2024
All committees and chairpersons as needed in keeping with the
				  broad responsibilities of the Commission will be appointed by the chairperson.
				  The chairpersons of all committees will be selected from the Commission
				  membership and will be responsible for calling meetings, preparing reports and
				  recommendations for Commission action, and enlisting assistance of lay and
				  professional persons as committee participants. Meetings will be held at the
				  call of the committee chairperson. All members of the Commission will be sent
				  notices of every meeting. Notes of committee meetings will be circulated to all
				  Commission members.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.9 - Courtesy of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
In the event that the Governor, a member of the legislature,
				  a chief executive officer of an institution of postsecondary education, or
				  other dignitary is in attendance at a Commission or committee meeting, the
				  chairperson may extend the "Courtesy of the Commission/Committee" to such
				  individual, inviting that person to sit with the Commission or committee with
				  full speaking privileges on any and all issues coming before the Commission or
				  committee but without the right to vote.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.11 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Members of the Commission will receive no compensation for
				  their services, but will be reimbursed for the actual and necessary expenses
				  incurred in the performance of official Commission business as well as for
				  housing, travel, and subsistence expenses in accordance with rules and
				  regulations of the Comptroller.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.12 - Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will meet on a schedule and at a place as
				  determined by the Commission. In accordance with the act of July 19, 1974 (P.
				  L. 486, No. 175) (65 P. S. §§
										261-269)
				  (Repealed), no executive meetings of the Commission or committees will be held
				  except for personnel matters or as required by legal counsel.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.13 - Notices

Current through Register Vol. 54, No. 28, July 13, 2024
Notices of all general meetings of the Commission will be
				  sent to members by the Executive Secretary of the Board will be posted at the
				  offices of the Board and the Secretary and will be duly advertised and released
				  to the general public. Notices of all committee meetings shall be advertised in
				  accordance with the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. §§
										261-269). Notices will also be sent to all
				  Commission members by the committee chairperson in cooperation with the staff
				  person assigned to the committee.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.14 - Public observers

Current through Register Vol. 54, No. 28, July 13, 2024
All meetings of the Commission and committees at which formal
				  actions are taken will be open to the public at all times, subject to the
				  following guidelines:
(1) Visitors to
				meetings, including representatives of the news media, may be present as
				observers but not as participants. Questions, comments, and discussion from the
				general public will be permitted only at the discretion of the Commission. This
				paragraph does not apply to staff and others who are invited by the
				chairperson, the Commission, or committees in the course of their
				proceedings.
(2) Space for visitors
				will be available on a first-come-first-served basis, at the time and place of
				meetings, in such manner as to neither impede nor interfere with the normal
				operating conduct of the meetings.
(3) Any person preventing, disturbing, or
				interrupting such public meeting may be requested to leave the meeting and may
				be removed upon failure to comply.
(4) Visitors to meetings will be allowed to
				record the proceedings. However, television cameras or photographic equipment
				shall not be used except with the expressed approval of the chairperson, the
				Commission or committee.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.15 - Quorums

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Quorums will
				consist of the following:
(1) Commission-a
				majority of the Commission.
(2)
				Committees-to be determined by the committee but in no case more than a
				majority.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.16 - Voting

Current through Register Vol. 54, No. 28, July 13, 2024
Voting by the Commission and committees will be in accordance
				  with
Robert's Rules of Order.
Action will be taken as
				  prescribed by a majority of those present and voting.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.17 - Operating conduct

Current through Register Vol. 54, No. 28, July 13, 2024
In the absence of any Commission-adopted rule to the
				  contrary,
Robert's Rules of Order
, will govern the conduct of
				  business at all meetings.
Pennsylvania Code › Title 22 - EDUCATION › Part XV - Postsecondary Education Planning Commission › Chapter 251 - RULES AND PROCEDURES › Section 251.18 - Record of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission will record minutes of all official actions taken at formal
				meetings. Proceedings of informal meetings will be recorded as notes. Both will
				be in sufficient detail to expedite fully the work of the Commission.
(b) Reports, materials and statements of the
				Commission, approved by the Commission or its committees will be released
				through the chairperson.