reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › CONTRIBUTIONS › Section 213.22 - Joint coverage member contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) New members of the System, or former
				  members returning to school service, are not eligible to make joint coverage
				  member contributions. These contributions shall be limited to members who meet
				  all the following criteria:
(1) They were in
				  active membership in the System subsequent to May 28, 1957.
(2) Their current period of membership began
				  prior to January 1, 1966.
(3) They
				  are covered by Federal Social Security.
(4) They have not filed an election to
				  convert to the full coverage group.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › CONTRIBUTIONS › Section 213.24 - Contributions for the purchase of credit for creditable school and nonschool service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Source of contributions
. As provided in sections 8303 and 8304
				  of the Retirement Code (relating to eligibility points for retention and
				  reinstatement of service credits; and creditable nonschool service), creditable
				  school and nonschool service shall be purchased entirely by the member, except
				  in the following cases:
(1) In the case of
				  former uncredited school service, when an employer has failed to credit service
				  through administrative error, the employer is required to pay its share of the
				  contributions for the service, although the active member is responsible for
				  the member's share.
(2) In the case
				  of service rendered by an active member to a county board of school directors,
				  now designated an intermediate unit, the member is only responsible for the
				  purchase of the member's share for the previous service rendered to the county
				  board of directors.
(3) Except for
				  sabbatical leaves of absence, in the case of approved leaves of absence, the
				  employee is required to pay for the purchase of creditable nonschool service,
				  both the member's share and the employer's share if it is purchased after the
				  leave of absence has expired. If the employer reports the leaves currently
				  based on the employee's salary as if the employee had been in full-time
				  employment during the leave period, the employee is only required to pay the
				  employee share, whereupon the employer has a corresponding liability based on
				  normal contribution rate.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › CONTRIBUTIONS › Section 213.25 - Incomplete payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Right to make incomplete payments
. The right of a member to
				  complete payments, once commenced, within 30 days after termination of school
				  service, as provided in section 8325 of the Retirement Code (relating to
				  incomplete payments), shall be available only to the member and to no other
				  person, including a beneficiary.
(b)
Result of incomplete
				  payments
. If a member fails to pay the balance of the agreed-upon
				  payments due within 30 days of termination of school service, or if a member
				  dies in school service, or 30 days thereafter, the annuity benefit to which the
				  member would otherwise be entitled shall be reduced by the actuarial equivalent
				  of the debt, including statutory interest.
(c)
Death of a member
. If a
				  member applies for the purchase of service and dies prior to certification by
				  the Board of the amount due for the service, the purchase of service shall be
				  completed after the certification is made, by reducing the annuity benefit by
				  the actuarial equivalent of the debt, including statutory interest; provided,
				  in the case of nonschool service, the purchase does not negatively impact the
				  present value.
(d)
Retirement Code reference
: Section 8325 of the Retirement
				  Code.
The provisions of this §
												213.25 amended under the Public
						School Employees' Retirement Code,
						24 Pa.C.S. §§
													8502(h) and
						8507(d).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › CONTRIBUTIONS › Section 213.27 - Payments by employers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  facilitate the payment by employers of the contributions required quarterly
				  based on the compensation paid during the pay period representing that quarter,
				  each employer shall be required to file monthly reports representing the total
				  compensation paid for that month no later than 10 days following the end of
				  that month. The Board will, upon receipt of the monthly reports comprising each
				  quarter, bill the employer no later than 45 days subsequent to the end of the
				  preceding quarter, the billing to be either an actual billing based on payroll
				  for the preceding quarter or an estimated billing, as the case may be.
				  Subsequent to the billing, the employer shall pay the billed amount no later
				  than 5 business days after the employer's receipt of the Commonwealth employer
				  contribution reimbursement subsidy for the quarter. If an employer fails to
				  make timely payments, the Board will certify to the State Treasurer and
				  Secretary of Education, the name of that delinquent employer, whereupon the
				  Commonwealth employer contribution reimbursement subsidy due to that employer
				  nearest the date following the delinquency shall be reduced by the amount of
				  the delinquency or amount found owing.
(b) If an employer is delinquent in paying
				  employer contributions as provided in subsection (a) or in failing to remit
				  employee contributions in a timely manner as required in section 8506(c) of the
				  Retirement Code (relating to duties of employers), the Board will impose an
				  interest charge of 6% per annum to the date of payment, to be added to the
				  amount of the delinquency, whether payment shall occur through the subsidy
				  deduction method or shall be made directly to the Board by the delinquent
				  employer.
(c)
Retirement
				  Code reference
: Section 8327 of the Retirement Code (relating to
				  payments by employers).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › CONTRIBUTIONS › Section 213.30 - Appropriations by the Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will prepare and, through the
				  Governor, submit annually to the General Assembly, an itemized budget
				  consisting of the amounts necessary to be appropriated based on the actuarial
				  cost method as certified by the actuary and presented to the Board. The sum of
				  the various contribution rates established by the actuary, as certified by the
				  Board, shall be applied to the total projected member payroll for the
				  succeeding fiscal year.
(b)
				  Retirement Code reference: Section 8330 of the Retirement Code (relating to
				  appropriations by the Commonwealth).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.41 - Return of accumulated deductions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A member who elected to receive only
				  accumulated deductions, in lieu of any other benefit to which the member would
				  otherwise be entitled, shall, by the election, be deemed to have irrevocably
				  waived entitlement to the other benefits except as otherwise provided in the
				  event a member returns to school service and qualifies for membership in the
				  System.
(b)
Retirement Code
				  reference
: Section 8341 of the Retirement Code (relating to return of
				  accumulated deductions).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.44 - Disability annuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  active or inactive member with at least 5 years of credited school service
				  shall be eligible, upon submitting appropriate medical evidence, to a
				  disability annuity, but may not be entitled to elect any option on any portion
				  of the disability annuity. A member entitled to a disability annuity, having
				  five or more eligibility points, is entitled to select a joint and survivor
				  option on that portion of the annuity to which the member is otherwise
				  entitled.
(b) A disability
				  annuitant no longer entitled to disability annuity in accordance with section
				  8505(c)(2) or 8508(b) or (c) of the Retirement Code (relating to duties of
				  board regarding applications and elections of members; and rights and duties of
				  annuitants), is entitled to either file an application for the election of
				  optional modification of the annuity to which the annuitant would be otherwise
				  entitled in accordance with section 8342 of the Retirement Code (relating to
				  maximum single life annuity) or vest the benefit, if the annuitant has at least
				  five or more eligibility points. If a disability annuity ceases and the member
				  does not return to school service, the member is, if the member has not already
				  received on account of the member's annuity the amount of the accumulated
				  deductions, entitled to the difference upon application.
(c) Payments on account of disability shall
				  be reduced by that amount by which the earned income of the annuitant, as
				  reported in accordance with section 8505(b) of the Retirement Code, for the
				  preceding year together with the disability annuity payments for the year,
				  exceeds the greater of $5,000 or the last year's salary of the annuitant as a
				  school employee, provided, the annuitant will not receive less than his
				  member's annuity or the amount to which the annuitant may be entitled under
				  section 8342 of the Retirement Code whichever is greater.
(d)
Retirement Code
				  reference
: Sections 8307(d) and 8344 of the Retirement Code (relating
				  to eligibility for annuities; and disability annuities).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.45 - Change in benefit payment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding the otherwise irrevocable
				  nature of the election of a benefit payment plan, an annuitant may declare an
				  intent to change the final terms of the benefit payment plan by filing a
				  written intent with the System within 30 days of the annuitant's receipt of the
				  initial benefit letter sent to the annuitant by the System. The letter will be
				  deemed to be received by the annuitant 3 business days after the date of
				  mailing.
(b) Notwithstanding the
				  otherwise irrevocable nature of the election of a benefit payment plan, an
				  annuitant may declare an intent to change the final terms of the benefit
				  payment plan by filing a written intent with the System within 30 days of the
				  annuitant's receipt of the statement provided for in section 8505(g) of the
				  Retirement Code (relating to duties of board regarding applications and
				  elections of members), which statement will be deemed to be received by the
				  annuitant 3 business days after the date of mailing, if one of the following
				  conditions are met:
(1) The annuitant's
				  retirement records contain an error regarding service credit, salary or
				  accumulated deductions that was not corrected by the System until after the
				  application for an annuity was filed, and either of the following exists:
(i) The difference between the monthly
				  annuity as corrected and the monthly annuity calculated with the error is more
				  than 5%.
(ii) The error results in
				  the member losing eligibility for a benefit other than an annuity.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.47 - Death benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  a beneficiary is not designated, or if a designated beneficiary predeceases the
				  member or fails to survive the member by 30 days, the benefits shall be payable
				  to the estate of the member, or to the next of kin,
				  20 Pa.C.S. §
											3101
				  (relating to payments to family and funeral directors), as the case may
				  be.
(b) If a maximum single life
				  annuitant dies before receiving in monthly annuity payments the total amount of
				  the accumulated deductions, the balance of the total accumulated deductions
				  less total annuity payments received shall be paid to the designated
				  beneficiary without regard to the actual proportion the employer's share
				  represents to the total monthly annuity payments actually received before
				  death.
(c)
Retirement Code
				  reference
: Sections 8347 and 8349 of the Retirement Code (relating to
				  death benefits; and payment of benefits).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.49 - Payment of benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  annuity granted under the Retirement Code will not be paid in other than equal
				  monthly payments. Option 4 may provide for lump sum installments of no more
				  than the accumulated deductions to be paid to the member before or after equal
				  monthly payments commence.
(b) If a
				  beneficiary predeceases a member, or dies within 30 days of the member's death,
				  or if there is no valid beneficiary designation on file to take effect at
				  death, money payable from the account of the member shall be paid to the estate
				  of the member or next of kin, under
				  20 Pa.C.S. §
											3101
				  (relating to payments to family and funeral directors) as the case may
				  be.
(c) As in the case of a member,
				  an election by a beneficiary for an annuity, when made, shall be deemed to be
				  irrevocable.
(d)
Retirement
				  Code reference
: Section 8349 of the Retirement Code (relating to
				  payment of benefits).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 215 - GENERAL ADMINISTRATION › GENERAL PROVISIONS › Section 215.5 - Duties of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application, elections and disability annuities
. Duties of the
				  Board regarding applications and elections of members and disability annuities
				  include the following:
(1) Subsequent to the
				  receipt of an application for a disability annuity based on physical and mental
				  incapacity for the performance of a job for which the member is employed, the
				  Board will, through its chief medical examiner, and other medical examiners it
				  may engage, cause the applicant to be examined. On the basis of the medical
				  evidence submitted, a recommendation shall be submitted to the Board stating
				  whether a disability should be granted, together with a report as to the
				  permanency of the disability or the need for periodic examinations as well as
				  the time interval for the examinations. The Board will also establish an
				  effective date of disability which shall be the day following the last day of
				  compensation.
(2) A disability
				  applicant who is required by the Board to furnish additional medical
				  documentation to support the application, shall provide the documentation
				  within 30 days of the request, or the Board may render the disability
				  application void.
(3) The chief
				  medical examiner, or other medical examiners the Board may engage, may
				  recommend to the Board, on the basis of subsequent medical examinations,
				  whether a disability annuitant should continue on disability or whether a
				  finding of nondisability may be appropriate. In the latter event, the Board
				  will establish the date of termination of disability, based on the
				  recommendation of the medical examiner, whereupon the disability annuity shall
				  be discontinued in excess of any annuity to which the member may be otherwise
				  entitled under section 8342 of the Retirement Code (relating to maximum single
				  life annuity).
(4) If the Board
				  denies a disability applicant for insufficient medical evidence, the applicant
				  may still file, within 90 days after notification of the denial, an application
				  to vest or take an annuity, if the applicant is eligible. The filing shall be
				  considered timely, as of the original eligibility date, for the purposes of
				  payment of other benefits or vesting, as the case may be.
(5) A disability annuity may also be subject
				  to a disability annuity adjustment depending upon the earned income of the
				  annuitant, as provided in section 8505(c)(3) of the Retirement Code (relating
				  to duties of board regarding applications and elections of members).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 215 - GENERAL ADMINISTRATION › GENERAL PROVISIONS › Section 215.6 - Duties of employers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  following procedures shall be employed for reporting salaried, per diem and
				  hourly employees:
(1)
Salaried
				  employees
. Reporting procedures for salaried employees must comply
				  with the following:
(i) Part time salaried
				  employees, irrespective of the percentage of time employed, shall be reported
				  based on the percentage of time employed, as it relates to full time salaried
				  employees. If requested, the employer shall furnish, under section 508 of the
				  Public School Code of 1949 (24 P. S. §
													5-508), minutes of board meetings indicating
				  the conditions of employment of the individuals.
(ii) This procedure does not affect the
				  enrollment of salaried employees who are currently members of the System. The
				  member's purchase of the previous part time salaried service in the 1975-76
				  school year shall be either a lump sum payment or a method agreed upon by the
				  System and the member without application of interest.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 215 - GENERAL ADMINISTRATION › GENERAL PROVISIONS › Section 215.7 - Rights and duties of school employees and members

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Information on new
				  employees
. Each new school employee shall provide the employer with a
				  complete record of previous school or State service, or creditable nonschool
				  service, proof of date of birth, in the order of preference set forth in
				  subsection (b), home address, current status in the System and other
				  information the Board may require. Willful failure to provide the information
				  required by this subsection, to the extent available, or the furnishing of
				  erroneous information upon entrance into the System shall result in the
				  forfeiture of the right of the member to subsequently assert any right to
				  benefits based on the erroneous information or on any of the required
				  information which the member failed to provide, intentionally or otherwise. If
				  the Board finds that a member is receiving an annuity based on false,
				  misleading or improper information, the additional amounts received predicated
				  on the information together with statutory interest doubled and compounded
				  shall be deducted from the present value of any remaining benefits to which the
				  member is legally entitled and the remaining benefits shall be correspondingly
				  decreased.
(b)
Proof of
				  date of birth
. Proof of date of birth will be accepted in the
				  following order of preference:
(1) Birth
				  certificate.
(2) Baptismal
				  record.
(3) Selective service
				  record.
(4) Armed forces
				  discharge.
(5) Passport.
(6) School record.
(7) Life insurance policy.
(8) Naturalization record.
(9) Alien registration record.
(10) Other records as may be submitted by the
				  member, which are acceptable to the Board.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 215 - GENERAL ADMINISTRATION › MANAGEMENT OF FUND AND ACCOUNTS › Section 215.23 - Member's savings account

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Interest is credited to each member's savings account during active or inactive
				  service and also during the period a vestee retains vested credits. Interest is
				  not credited to a member's savings account if the member has terminated service
				  or has been an inactive member over 2 years and is not eligible for vested
				  benefits. The rate of interest when credited is the statutory rate of 4% per
				  annum.
(b) Retirement Code
				  reference: Section 8523 of the Retirement Code (relating to member's savings
				  account).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 215 - GENERAL ADMINISTRATION › MISCELLANEOUS PROVISIONS › Section 215.33 - Taxation, attachment and assignment of funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The exemption provided in this section
				  also includes a spouse's election authorized under
				  20 Pa.C.S. §§
											6108 and
				  6111 (relating to
				  designation of beneficiaries of insurance or employee death benefits not
				  testamentary; and, 6109 = combination of charitable trusts (repealed), 6111 =
				  conveyances to defeat marital rights (repealed)) to the extent
				  applicable.
(b)
Retirement
				  Code reference
: Section 8533 of the Retirement Code (relating to
				  taxation, attachment and assignment of funds).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The definitions in section 1.2 of the act (24 P. S. §
										2070.1b) are incorporated by reference. The
				  following word, when used in this chapter, has the following meaning, unless
				  the context clearly indicates otherwise:
Act
-The Educator Discipline Act
				  (24
				  P. S. §§
										2070.1a- 2070.18c).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.102 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission 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. As the body charged with the oversight and enforcement of
				  the educator discipline system, the primary goal of the Commission is to ensure
				  the health, safety and welfare of students and other individuals in schools in
				  this Commonwealth while facilitating the fair, efficient and transparent
				  adjudication of complaints against educators.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.103 - Powers and duties

Current through Register Vol. 54, No. 28, July 13, 2024
The powers and duties of the Commission are set forth in
				  section 5 of the act (24 P. S. §
										2070.5). In assessing the effectiveness of
				  educator preparation programs to provide recommended changes to the State
				  Board, the Commission may conduct site reviews of individual teacher
				  preparation programs unilaterally or participate in site reviews conducted by
				  the Department or other agencies and organizations.
(1) The Commission may recommend to the State
				Board changes in teacher education standards based on Commission conducted
				analyses of the Department program approval process.
(2) In recommending these changes, the
				Commission may organize and operate an annual review of and address the
				strengths and weaknesses of the program review process.
(3) Recommendations made by the Commission
				under section 5 of the act will be presented publicly at scheduled meetings of
				the State Board prior to State Board action on regulations, standards or
				guidelines affecting teacher certification, professional practices,
				accreditation of teacher education programs and long range plans.
(4) Recommendations will be made in a timely
				fashion to facilitate the work of the State Board.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.104 - Membership and qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
The membership and qualifications of the Commission are set
				  forth in sections 3 and 4 of the act (24 P. S. §§
										2070.3 and
				  2070.4). When a vacancy on
				  the Commission occurs, it is the duty of the Chairperson to notify the Governor
				  of interim vacancies. The Chairperson will also notify the Governor of the
				  expirations of terms of commissioners at least 180 days before those
				  expirations.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.105 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Governor's selection
. Under the act, the Governor will
				annually select a Chairperson from among the membership of the
				Commission.
(b)
Selection
				of Vice Chairperson
. At the first regular meeting held after the
				Governor's selection of a Chairperson, the Chairperson will select a Vice
				Chairperson for the calendar year, subject to the consent of the
				Commission.
(c)
Vacancies
. Permanent and temporary vacancies will be governed
				by the following:
(1) If there is a vacancy in
				the position of Chairperson, the Vice Chairperson will serve as Chairperson pro
				tempore until a new Chairperson is appointed by the Governor.
(2) If there is a vacancy in the position of
				Vice Chairperson, the Chairperson will select a new Vice Chairperson to fill
				the remainder of the original term subject to the consent of the
				Commission.
(3) If vacancies occur
				in the positions of the Chairperson and Vice Chairperson concurrently, the
				Executive Director of the Commission will conduct an election for replacements
				before further Commission business is conducted. The person elected as
				Chairperson will hold the office of Chairperson pro tempore until a Chairperson
				is named by the Governor, and the person will thereafter serve as the Vice
				Chairperson pro tempore until a Vice Chairperson is chosen by the Chairperson
				and confirmed by the Commission.
(4) In the absence of the Chairperson or Vice
				Chairperson or a person designated by the Chairperson or Vice Chairperson to
				serve temporarily as the Chairperson, the Commissioners will select a
				Chairperson pro tempore.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.106 - Commission staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Executive Director of the Commission.
Under the act, there is
				an Executive Director of the Commission who serves as the executive officer and
				secretary of the Commission. The Commission and the Secretary jointly employ
				and fix the compensation of the Executive Director. The Executive Director,
				with approval of the Commission and the Secretary, may employ additional
				professional and clerical personnel as may be necessary to carry out the duties
				and responsibilities of the Commission. The Department will provide adequate
				space and equipment to facilitate the activities of the Commission. The duties
				of the Executive Director are as follows:
(1)
				The Executive Director will serve as the executive officer of the Commission
				without the right to vote.
(2) The
				Executive Director will serve as the administrative liaison of the Commission
				with the Legislature, agencies and bureaus of the Department and the State and
				Federal government, local education agencies and organizations with which the
				Commission has common interests.
(3) The Executive Director will manage the
				administrative details of meetings of the Commission and committees established
				by the Commission, including the preparation of agendas, minutes and records of
				action, and the proper circulation of notices of meetings of the
				Commission.
(4) The Executive
				Director will obtain, organize and provide information and materials pertinent
				to and prepare reports for the work of the Commission.
(5) The Executive Director will assist
				committees of the Commission involved in studies and hearings, research
				projects and literature reviews.
(6) The Executive Director will monitor and
				inform the Commission of actions of the State Board, the Department, and other
				agencies and organizations whose actions and interests are congruent with those
				of the Commission.
(7) The
				Executive Director will monitor and inform the Commission of legislation
				affecting the responsibilities of the Commission.
(8) The Executive Director will supervise
				Commission staff persons.
(9) The
				Executive Director will, with the advice and consent of the Commission's ad hoc
				budget committee, prepare and present budgets on behalf of the Commission to
				the Department.
(10) The Executive
				Director will act as the public relations officer of the Commission, as
				directed by the Chairperson and the Commission.
(11) The Executive Director will perform
				related work as required by the Commission.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.108 - Committees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Committees
				established by the Commission will make recommendations to the Commission.
				Committees do not establish policy for the Commission unilaterally.
				Recommendations requiring Commission action will be submitted in writing to all
				Commissioners prior to a Commission meeting.
(b) A majority of the appointed committee
				members shall be present to conduct the business of the committee. The
				Chairperson of the committee will, with the consent of the committee, set the
				meeting time and place. Minutes of each committee meeting will be
				recorded.
(c) Standing committees
				will report at each regularly scheduled Commission meeting. Minority reports of
				the committees may also be reported.
(d) Agendas for committee meetings will be
				established by the committee Chairperson and may be modified prior to or during
				the meeting by the Chairperson or the committee.
(e) Requirements for standing committees are
				as follows:
(1) Each Commissioner will serve
				on at least one standing committee.
(2) Each standing committee member will be
				appointed by the Chairperson subject to approval of the Commission. Each
				standing committee will consist of at least three Commissioners. Standing
				committee assignments will be made with the prior consent of the individual
				Commissioner. A Commissioner may request placement on a committee of choice.
				The Chairperson will appoint committee chairs.
(3) The standing committees are as follows:
(i)
Standards committee
. The
				committee will study and make recommendations concerning the duties stated in
				section 5(a)(1)-(8) of the act (24 P. S. §
												2070.5(a)(1)-(8)), plus
				other duties as designated by the Commission Chairperson.
(ii)
Practices committee
.
				The committee will study and make recommendations concerning the duties stated
				in sections 5(a)(9)-(12) and (14) of the act, plus other duties as designated
				by the Commission Chairperson.
(4) The Chairperson or the Commission may
				establish, and the Chairperson may appoint members to special committees
				necessary to the work of the Commission.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.109 - Methods of operation for Commission and committee meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The order of
				business for Commission meetings will be set forth in an agenda, which will
				reflect all action items.
(b) Only
				matters assigned to the Commission by law will be considered as agenda
				items.
(c) Business will be
				conducted in accordance with this chapter and the latest edition of
Robert's Rules of Order
.
(d) Except as provided in paragraph (3), a
				person or organization, other than the Commissioners and the staff of the
				Commission, will not be permitted to participate in a Commission or committee
				meeting unless that person or organization has been placed on the agenda. The
				Commission or committee may establish limits to the content and length of
				speeches by persons who wish to address the Commission or committee.
(1) A person disturbing, interrupting or
				preventing the conduct of a public meeting may be requested to leave the
				meeting or may be removed upon failure to comply with the meeting rules of the
				Commission.
(2) Visitors to
				meetings are allowed to record the proceedings using audio or video recording
				equipment, but must first inform the Commission of their intent to
				record.
(3) For a brief period at
				each meeting, prior to consideration of the action items, time will be allotted
				on the agenda for hearing public comment. Public comments may be entertained at
				other times during a meeting at the discretion of the Chairperson. A
				Commissioner may request a member of the public who has spoken to an issue to
				clarify a position.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.110 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under the act,
				members of the Commission may not receive compensation for their services, but
				will be reimbursed for their actual and necessary expenses incurred in the
				performance of official Commission business.
(b) A member of the Commission, who is an
				employee of an agency of the Commonwealth, or its political subdivisions,
				including school districts, is permitted to attend Commission meetings and
				perform other Commission duties without loss of income or other benefits. A
				State agency or a political subdivision of the Commonwealth, including a school
				entity, required to employ a substitute for a member of the Commission who is
				absent from employment while performing Commission business, will be reimbursed
				by the Department, under the act, from funds appropriated for the general
				government operations of the Department for the actual amount of costs incurred
				upon presentation of a request for reimbursement and documentation of the
				cost.
(c) Under the act, a member
				of the Commission who is employed by a private employer will be reimbursed by
				the Department, from funds appropriated for the general government operations
				of the Department, for income lost as a result of attendance at Commission
				meetings or performance of other official Commission duties. Reimbursement is
				governed by guidelines established by the Commission and will be made upon
				presentation of a request for reimbursement and documentation of lost
				income.
(d) The Executive Director
				will verify the appointment of each member of the Commission with the member's
				respective employer and will advise the employer of the provisions of section 7
				of the act (24 P. S. §
										2070.7).
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.111 - Code of conduct and Commissioners' rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Code of conduct
. Members
				of the Commission will:
(1) Respect the
				rights and opinions of the Commission's constituencies.
(2) Enhance the public image and mission of
				the Commission.
(3) Assess the
				performance of the Commission.
(4)
				Prepare for, regularly attend and actively participate in Commission and
				committee meetings.
(5) Vote
				according to one's convictions, challenge the judgment of others when
				necessary, support the majority decisions of the Commission and work with other
				Commissioners to implement the majority decisions.
(6) Base judgments on what is best for the
				advancement of education as a whole and, in all of their deliberations,
				consider the public interest.
(7)
				Refrain from actions and involvements that might prove embarrassing to the
				Commission.
(8) Speak on behalf of
				the Commission and represent the Commission only when authorized to do so by
				the Chairperson, Executive Director or the Commission.
(9) Serve freely and without honoraria when
				representing the Commission.
(10)
				Abide by the legal and fiscal responsibilities of the Commission as specified
				by law, the bylaws, the Governor and the Governor's executive offices and the
				Department.
(11) Disclose fully the
				nature of a conflict of interest and abstain from voting when these conflicts
				arise.
(12) Conform to 65 Pa.C.S.
				Chapter 11 (relating to Public Official and Employee Ethics Act) and 4 Pa. Code
				Chapter 7, Subchapter K (relating to code of conduct for appointed officials
				and State employees), including the timely filing of required
				reports.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.112 - Public hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				purpose of a public hearing, in contrast to a meeting or a disciplinary
				proceeding of the Commission, is to receive testimony from witnesses on
				proposed actions and recommendations of the Commission. Public hearings and
				deliberations of the Commission will take place in a public forum.
(b) Public hearings called will specify a
				date, time, place and purpose, and, if possible, be announced at least 30 days
				in advance. The call for a hearing will be advertised in accordance with
				law.
(c) The Commission may call a
				public hearing for a specific purpose or to receive testimony on a specific
				issue outside of the charges of the standing committees. Public hearings will
				be chaired by the Commission Chairperson or a designee.
(d) At least one Commissioner will preside
				and hear testimony at each public hearing.
(e) Within the limits of the budget, the
				Commission and its committees will strive to hold several public hearings on a
				particular issue at sites located throughout this Commonwealth. If only one
				public hearing for a specific issue is called, it will ordinarily be held in
				Harrisburg.
(f) Hearings will be
				arranged and supervised by the Executive Director.
(g) Testimony shall be submitted in writing
				at the time testimony is presented. Ample copies of testimony should be
				provided by witnesses for the Commissioners presiding and staff members present
				at the hearing.
(h) The Commission,
				committee or Chairperson of the public hearing may request the presence of
				legal counsel, Department or Commission staff persons.
(i) Unless otherwise modified by the
				Chairperson of the public hearing or the commissioner presiding, the following
				apply to public hearings:
(1) A person may be
				heard by the Commission or committee in person, in writing, or through a
				designated representative.
(2)
				Witnesses will be allotted 10 minutes each to present testimony.
(3) Only one witness will be heard from any
				one designated organization. When several hearings are held Statewide, the
				committee chairperson may limit testimony from an organization to one of the
				several hearing sites.
(4)
				Witnesses will be scheduled in advance but should appear at the public hearing
				site in time to allow for schedule changes.
(5) Persons, groups or organizations will be
				heard orally or through written testimony, or both. Commissioners, legal
				counsel or Department/Commission staff persons may question
				witnesses.
(6) Twenty-five copies
				of written testimony submitted in lieu of oral testimony should be provided to
				the Executive Director of the Commission in Harrisburg.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.115 - Notice and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Written notice.
Upon determination to initiate hearing
				procedures, section 13(a) of the act (24 P. S. §
										2070.13(a)) requires the
				Department, within 30 days, to send a written notice to the affected educator
				and to the governing board of the school entity in which the educator is or was
				last employed. The notice will be treated by the Commission as an order to show
				cause under 1 Pa. Code §
									35.14 (relating to orders to show
				cause). The notice should contain a statement of the particulars of the charges
				against the educator, the right of the educator to respond and to request a
				hearing within 30 days after service of the notice of charges, and the right of
				the governing body of the school entity in which the educator is or was last
				employed to intervene under section 13(c)(4) of the act and 1 Pa. Code §
									35.28 (relating to eligibility to
				intervene).
(b)
Docket
				number and notice.
After the Department files a copy of the notice of
				charges with the Commission, the Commission will immediately establish a docket
				number. The Commission will provide notice thereof to the Department, the
				educator and the governing board of the school entity by which the affected
				educator is or was last employed. The Commission will also provide to the
				governing board a copy of the notice of charges and will inform the governing
				board of its opportunity to file a petition to intervene under section 13(c)(4)
				of the act and 1 Pa. Code § 35.28.
(c)
Failure to respond.
(1) If the educator fails to timely respond
				to the notice of charges, the educator is deemed in default under 1 Pa. Code §
										35.37 (relating to answers to
				orders to show cause), and the Commission may, upon motion of any party, deem
				admitted the relevant facts stated in the notice of charges and proceed to
				consideration of discipline based upon the admitted facts and exhibits, if any,
				to the notice of charges.
(2) The
				Commission will not in these cases appoint a hearing officer or hold a hearing
				unless the Commission determines that the appointment of a hearing officer is
				necessary for the Commission to decide the matter. In these cases, the
				Commission will determine the scope of the hearing officer's
				authority.
(3) The Executive
				Director will provide notice to the parties of the meeting at which the
				Commission intends to consider the matter.
Pennsylvania Code › Title 22 - EDUCATION › Part XIV - Professional Standards and Practices Commission › Chapter 233 - BYLAWS-STATEMENT OF POLICY › Section 233.116 - Petitions requiring action prior to appointment of hearing officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The legal
				counsel to the Commission has the authority to decide upon an application,
				petition or motion requiring action prior to the appointment of a hearing
				officer, except that legal counsel may not enter an order which would
				constitute a final determination of the proceedings. The legal counsel may
				refer an application, petition or motion to the Commission for ultimate
				determination.
(b) An order issued
				by legal counsel may be reviewed by the Commission upon the filing of a
				petition of appeal under 1 Pa. Code §
									35.20 (relating to appeals from
				actions of the staff), but neither orders issued by legal counsel nor the
				proceedings will be stayed pending review unless expressly ordered by the
				Chairperson or the legal counsel for the Commission.
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 233.117 - Hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings will be held in accordance with the act and 1 Pa.
				  Code Part II (relating to General Rules of Administrative Practice and
				  Procedure), as follows:
(1)
Hearing officer appointed.
Within 15 days of the filing of a
				notice of charges and response thereto requiring the services of a hearing
				officer, the Commission will appoint a hearing officer from a list of impartial
				third parties qualified to conduct hearings as provided by section 13(c)(1) of
				the act (24 P. S. §
										2070.13(c)(1)).
(2)
Burden of proof.
Under
				section 13(c)(2) of the act, the burden of proof is on the Department, which
				acts as prosecutor, to establish by a preponderance of the evidence that
				grounds for discipline exist.
(3)
Right to counsel.
Under section 13(c)(3) of the act, an
				educator against whom a charge is made has the right to be represented by legal
				counsel and to present evidence and argument under 1 Pa. Code Part II and other
				rules of procedure promulgated by the Commission.
(4)
Closed hearings.
Under
				section 13(c)(5) of the act, hearings will be closed, and only the Department,
				Commission members and staff, the educator and his counsel, any intervener or
				its counsel, and witnesses will be permitted to attend. When a witness is a
				child or student, the Commission or its hearing officers may in their
				discretion permit a parent or guardian to be in attendance during the testimony
				of the child or student.
(5)
Department recommendation.
Under section 13(c)(6) of the act,
				the Department may recommend to the hearing officer and Commission appropriate
				discipline.
This section cited in 22 Pa. Code §
											233.113 (relating to disciplinary
					 proceedings).