The term “professional ethics” refers to standards of behavior that reflect the manner in which educators should interact with students, colleagues, and the community. All educators are expected to accept the responsibility to adhere to the highest ethical standards.

General principles of conduct can be found in Pennsylvania’s Code of Professional Practice and Conduct for Educators. (22 Pa. Code §§235.1 et seq.) Any individual who becomes an educator in the Commonwealth makes a moral commitment to uphold the values reflected in the Code. In addition, the Educator Discipline Act (24 P.S. §§2070.1a et seq.) sets forth the types of misconduct that can result in educator discipline.

The Professional Standards and Practices Commission ( Commission) is the independent body, representing practicing educators and administrators, the general public and teacher preparation programs, which is charged with providing leadership for improving the quality of education in the Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in the teaching profession. One facet of its mission is to oversee the educator discipline system, including the imposition of state level discipline.

Professional discipline refers to action taken by the Commonwealth against an educator's certification or eligibility to work as a charter or cyber charter school staff member or contracted educational provider staff member as a result of misconduct. Professional discipline should be distinguished from local discipline or employment action. Imposition of either local or state action for misconduct is not contingent on the other.

The Commission has jurisdiction to impose discipline against any public or private certificated educator, including administrators or those working in a non-certificated position, notwithstanding his or her current employment status or state of residence, as well as educators who work in charter and cyber charter schools or in an entity that contracts to provide direct educational services to students but in a position for which certification would be required in a traditional public school. Non-certificated employees of a public school are not covered by the Educator Discipline Act.

The Commission does not have jurisdiction over post-secondary employees unless they are certificated on the elementary or secondary level. Complaints about employees of post-secondary institutions should be directed to the institution or its governing board.

• Criminal Homicide
• Aggravated Assault
• Stalking
• Kidnapping
• Unlawful Restraint
• Luring a Child into a Motor Vehicle or Structure
• Rape
• Statutory Sexual Assault
• Involuntary Deviate Sexual Intercourse
• Sexual Assault
• Institutional Sexual Assault
• Aggravated Indecent Assault
• Indecent Assault
• Indecent Exposure
• Sexual Intercourse with an Animal
• Incest
• Concealing Death of a Child
• Endangering Welfare of Children
• Dealing in Infant Children
• Felony offense related to Prostitution and related offenses
• Offenses related to obscene and other sexual materials/performances
• Corruption of Minors
• Sexual Abuse of Children
• Unlawful Contact with Minor
• Solicitation of Minors to Traffic Drugs
• Sexual Exploitation of Children
• Felony Offenses under The Controlled Substance, Drug, Device and Cosmetic Act.
• Out-of-state, out-of-country, and federal crimes similar to those listed above.

Under the Educator Discipline Act, the Commission may impose private reprimands, public reprimands, suspensions or revocations as disciplinary measures for misconduct. The Commission may also accept certificates or employment eligibility surrendered by an educator and may include certain conditions with sanctions as well as impose fines and/or fees.

The Commission is committed to ensuring that the disciplinary process is fair and efficient. Thus, the Educator Discipline Act provides for certain procedural safeguards including the right to written charges, the right to counsel, and the right to a hearing. Further, the disciplinary process remains confidential unless or until discipline is imposed.

Every educator has a duty to uphold the values set forth in the Code of Professional Practice and Conduct for Educators. Educators have responsibilities to their students, their colleagues, their employer, their profession and their community. Foremost, the educator, who is a role model and a fiduciary, must make all reasonable efforts to protect students from conditions that are harmful or detrimental to their learning or safety.

The Commission has the authority to reinstate certificates or employment eligibility revoked, surrendered or suspended when to do so would be “just and proper.” The Educator Discipline Act, however, bars reinstatement if the underlying misconduct involved sexual abuse or exploitation. In addition, an educator whose certificate was revoked as the result of a conviction of a crime listed in section 111(e) of the Public School Code is also barred from reinstatement.

Under the Educator Discipline Act, all information relating to a disciplinary proceeding, including the complaint, is confidential until public discipline is actually imposed. In the event that a complaint is dismissed or that the proceeding is resolved in favor of the educator, the Act prohibits disclosure of any information. Violations of the confidentiality proscriptions can result in criminal charges. Petitions can be filed with the Commission, however, requesting permission to release confidential information in those limited circumstances where release would be proper. The confidentiality provisions of the Act do not apply to proceedings based solely on criminal indictments or convictions for an offense found in section 111(e) of the Public School Code or involving moral turpitude or based on reciprocal discipline.

Under the Public Employee Pension Forfeiture Act (43 P.S. §1311 et seq .), conviction of certain crimes (which generally relate to theft and fraud) will result in forfeiture of an educator's retirement benefits, if the educator or other public employee was able to commit the crime by virtue of his/her position. In addition, if a school employee commits a crime set forth in Subchapter B of the Chapter 31 (Sex Offenses) of Title 18 (Crimes Code) against a student, the forfeiture provisions are triggered.

Complaint forms are available on-line or can be obtained by calling the Department of Education's Legal Office (717) 787-5500. Questions concerning the form and filing a complaint should be directed to the Legal Office.

Under the Educator Discipline Act, all investigations are confidential until or unless discipline is actually imposed with the exception of cases arising solely on the basis of a criminal indictment or conviction for an offense found in section 111(e) of the Public School Code or involving moral turpitude or on the basis of reciprocal discipline.

No. Failure to satisfy one's Act 48 requirements is not professional misconduct which necessitates discipline. Rather, a lack of the mandated continuing education credits will precipitate placing a certificate in inactive status by the Department. Further information concerning Act 48 can be found on the Department's website.