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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