Current through Register Vol. 54, No. 49, December 7, 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 December 20, 2002, effective 12/21/2002, 32 Pa.B. 6256. 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).