Reinstatement
Educators whose certification or employment eligibility has
been suspended, revoked or surrendered may apply to the Commission for an order
lifting the suspension or reinstating their certification or employment
eligibility.
The application packet contains a Petition for Reinstatement, which
specifically requires the applicant to request or waive a hearing, and a
reinstatement application. As part of the application process, the
applicant must also submit a state and federal criminal record check and a
waiver for release of information.
The information sought as part of the application includes an educational and
employment history, a recitation of the misconduct, a personal statement why
reinstatement should be granted, a description of rehabilitation efforts, and
letters of reference. The Commission may elect to appoint a hearing
officer to consider a reinstatement application or may consider the matter
directly.
Publication and Department/School Entity Recommendations:
In considering reinstatement, the Commission must seek the recommendation of
the Department prior to entering an order. While the Commission must
consider the Department’s recommendation, it is not binding on the
Commission. The Commission must also request recommendations from the
school entity or entities in which the educator was employed at the time of the
misconduct. Finally, the Commission publishes
notice of the application in the Pennsylvania Bulletin to allow for public
comment.
Just and Proper Standard:
The Commission will lift a suspension or reinstate a certificate if it is just
and proper to do so. For purposes of determining whether it is just and
proper, the Commission may consider the following factors:
- the
conduct which resulted in discipline;
- other
past conduct of the applicant;
- the
applicant’s current attitude towards past conduct;
- rehabilitation
efforts and activities;
- whether
the applicant has been convicted of any crime listed in section 111(e) and
(f.1) of the Public School Code of 1949; and
- references
and letters of support or opposition.
When the Professional Educator Discipline Act was amended in
2000, the General Assembly placed certain restrictions on the Commission’s
discretion to reinstate certification. Specifically, the Commission is
barred from reinstating the certification or employment eligibility of any
applicant who has been convicted of a crime or offense listed in section 111(e)
of the Public School Code of 1949. In addition, subsection (f.1) of 24
P.S. §111 now creates an employment ban of 10, 5 and 3 years,
respectively, when an educator is convicted of certain felonies, misdemeanors
of the first degree and offenses related to driving under the
influence of alcohol or controlled substances. The employment ban will be
considered as one of the factors that the Commission considers in its
determination whether reinstatement is just and proper.
