Section 233.120. Expedited hearing procedures

(a) Notwithstanding another provision of the act, if the Department determines that immediate discipline is necessary to protect the health, safety or welfare of students or other persons in the schools of this Commonwealth, section 13(b) of the act (24 P. S. § 2070.13(b)) permits the Department to request that the Commission modify the hearing procedures set forth in section 13(c) of the act and schedule an expedited hearing.

(b) A written request by the Department that the Commission modify the procedures in section 13(c) of the act will be treated by the Commission as a petition under 1 Pa. Code § § 35.17 and 35.18 (relating to petitions generally; and petitions for issuance, amendment, waiver or deletion of regulations). An answer to the petition shall be filed with the Commission within 15 days after service of the petition, or at another time as directed by the Commission.

(c) If an educator is indicted for a crime set forth in section 111(e)(1)—(3) of the Public School Code of 1949 (24 P. S. § 1-111(e)(1)—(3)) and the Department believes that the educator poses a threat to the health, safety or welfare of a student or other individuals in a school, the Commission will expedite consideration of the suspension of the educator’s certificate or eligibility under section 9.2(a)(1) of the act (24 P. S. § 2070.9b(a)(1)) as follows:

(1) The educator’s response to the notice of charges is due within 15 days of service of the notice of charges. If the educator requests a hearing in his response, the Commission or a committee thereof shall hold a hearing within 30 days of the receipt of the request for hearing. If the educator fails to request a hearing, the Commission or a panel of members of the Commission promptly will convene a meeting to consider the request for immediate suspension. The meeting may be conducted by telephone.

(2) Within 20 days after the conclusion of the hearing, including receipt of the transcript or the filing of briefs, the Commission or the committee will issue a decision.

(3) The educator may appeal the decision of the Commission as an adjudication of a State agency in accordance with section 15 of the act. An appeal of a suspension imposed under section 9.2(1) of the act does not operate as a stay of the discipline.

The provisions of this § 233.120 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 pages (289677) to (289678).

Notation

Cross References

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