Section 233.119. Appeal

(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).

The provisions of this § 233.119 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289677).

Notation

Cross References

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).