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Educator Misconduct - School Entity Mandatory Report Procedures and Form
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24 P.S. § 2070.9a

 

DATE OF ISSUE:    April 9, 2010

 

REPLACES:     Reporting of Terminated School Personnel, BEC 24 P.S. §2070.9(b),

                   issued July 1, 2000

 

PURPOSE

 

This BEC reviews the mandatory process of reporting educator misconduct.

 

BACKGROUND AND AUTHORITY

 

Section 2070.9a of the Professional Educator Discipline Act, 24 P.S. § 2070.9a, requires the superintendent, assistant superintendent, executive director of an intermediate unit, chief administrator of an area vocational-technical school or career and technology center, administrator of a charter school or their designees to report to the Department of Education the following: 

 

1.  The dismissal of a certified employee or a charter school staff member for cause.  The report of a dismissal shall be filed within 30 days after an administrative decision by an arbitrator or the local board of school directors;

 

2.  Conduct that has resulted in a criminal indictment or conviction of a certified employee or a charter school staff member for a crime listed in section 111(e)(1)-(3) of the Public School Code or other crime involving moral turpitude.  The report of a criminal indictment or conviction shall be filed within 30 days of the receipt of information concerning the indictment or conviction and must include all available information concerning the indictment or conviction; and

 

3.  Information which constitutes reasonable cause to believe that the certified employee or charter school staff member has caused physical injury to a student or child through negligence or malice or has committed sexual abuse or exploitation involving a student or child.  The report shall be filed within 60 days of receipt of the information. 

 

PROCEDURES

 

Such reports shall be filed with the Pennsylvania Department of Education, Office of Chief Counsel, 333 Market Street, 9th Floor, Harrisburg, PA 17126-0333.

 

Failure to comply with the reporting requirements may result in professional disciplinary action against the chief school administrator.

 

While reporting in the above-described circumstances is mandatory, the Department of Education also strongly encourages school officials to file a Mandatory Report whenever a certified employee or a charter school staff member resigns his or her employment in lieu of being dismissed or disciplined.

 

REFERENCES:

 

Purdon’s Statutes

 

24 P.S. § 1-111(e)(1)-(3)

24 P.S. § 2070.9a

 

ATTACHMENT:

 

Commonwealth of Pennsylvania Mandatory Report Form (Word)

 

CONTACT BUREAU/OFFICE:

 

Pennsylvania Department of Education

Office of Chief Counsel

333 Market Street, 9th Floor

Harrisburg, PA  17126-0333

Phone:  (717) 787-5500