22 Pa. Code § 233.114 - Confidentiality and unauthorized release of information
(a) Under section
17.2 of the act (24 P. S. §
2070.17b), information relating to
complaints, or proceedings relating to or resulting from complaints, including
the identity of the complainant, will remain confidential unless discipline,
other than a private reprimand or a supplemental sanction deemed private by the
Commission, is ordered. If proceedings, after the exhaustion of all appeals,
result in discipline, other than a private reprimand or a supplemental sanction
deemed private by the Commission, all records pertaining thereto will become
public. Records relating to immediate discipline are public at the time the
immediate discipline is imposed.
(b) Disclosure of information previously made
public as a result of action by a school entity to discipline or dismiss an
educator for cause or as a result of an educator having been formally charged
with or convicted of a crime is permitted. The confidentiality provisions of
the act are not intended to prohibit a school entity from using information
previously known, or received through its own investigation, in fulfillment of
its duties under the Public School Code of 1949 (24 P. S. §§ 1-101-27-2702), including those duties
associated with local dismissal proceedings.
(c) Members, staff and employees of the
Commission, the Department, local school entities and participants in
disciplinary proceedings shall comply with the confidentiality requirements of
the act . Correspondence between and among the Commissioners and staff persons
containing confidential material will be marked as personal and confidential,
and precaution will be taken to avoid unauthorized disclosure.
(d) Under section
17.2 of the act , a person who
releases or gives out information deemed confidential under the act , without
the authorization of the Commission or as authorized by the act , commits a
misdemeanor of the third degree, unless the information was known to the person
or available independently of the disciplinary proceeding.
(e) Petitions for authorization to release
information under section
17.2 of the act shall be filed
with the Commission in accordance with 1 Pa. Code §35.17 (relating to petitions
generally). Petitions shall be served on all interested parties, including the
Department and the affected educator. Interested parties shall have 20 days or
the number of days set by the Commission from the date of service to respond to
the petition. In determining whether to grant the petition, the Commission will
consider the public interest and the interests of all affected parties,
including the petitioner, the educator and the Department.
(f) This section does not apply to
reinstatement proceedings or to proceedings under section 9.2 or 9.5 of the act
(24 P. S. §§
2070.9b and
2070.9e).
(g) Nothing in this section is intended to
deny an educator access to information necessary to prepare a defense in a
disciplinary proceeding or to protect an individual from civil liability if the
individual participated in the disciplinary process under the act maliciously
or provided false information that the individual knew, or had reason to know,
was false.
(h) The Commission, in
releasing information to the public, will take all steps reasonably possible to
protect the identity of any child or student involved in the disciplinary
proceeding.
Notes
This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).
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