Section 4.81. Allegations of deficiencies

(a) The Secretary will receive and investigate allegations of curriculum deficiencies from professional employees, commissioned officers, parents of students or other residents of a school entity.

(b) The Secretary will notify the school entity’s superintendent or chief executive of allegations and may require the superintendent or chief executive to submit one or more of the following:

(1) Relevant descriptions of planned instruction.

(2) A series of written articulated courses of instructional units.

(3) Relevant student assessment information.

(4) Information on staff assignments.

(5) Other information pertinent to investigating a specific allegation.

(c) If the Secretary determines that a curriculum deficiency exists, the school entity shall be required to submit to the Secretary for approval a plan to correct the deficiency.

(d) Within 1 year of the implementation of a corrective action plan under subsection (c), the Secretary will review the actions taken to correct the deficiency. If the deficiency remains uncorrected, the Secretary will send a formal notice of deficiency to the governing board of the school entity, and the notice shall be announced at the meeting of the school entity’s governing board immediately following its receipt.

(e) If the school entity does not take appropriate actions to correct the deficiency after the notice of deficiency is announced, the Secretary will take action under State law.

The provisions of this § 4.81 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (286559).

Notation

Authority

The provisions of this § 4.81 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

Notes of Decisions

Inapplicable Offense

Educator’s argument that the offensive conduct of manufacturing of grades was a curriculum deficiency that should be resolved under the Academic Standards and Assessment Chapter of the Administrative Code is misplaced. The conduct is properly prosecuted under the Teacher Certification Law. Seltzer v. Department of Education, 782 A.2d 48 (Pa. Cmwlth. 2001).