Department of Education

1. Teacher Tenure Appeals (24 P.S. §§ 11-1131; 22 Pa. Code §§ 351.1 through 351.10)
   1. Typically, oral argument before attorney in Office of Chief Counsel (with discretion to hold evidentiary hearing);
   2. The school district submits the record of the hearing held before the local school board ` typically, a transcript and exhibits;
   3. The Secretary of Education issues the final administrative decision.
   
    
2. Professional Discipline (24 P.S. §§ 2070.1a through 2070.18a; 22 Pa. Code 233.13 through 233.122)
   1. Evidentiary hearing before hearing officer appointed by the Professional Standards and Practices Commission;
   2. Hearing officer issues proposed report;
   3. Parties may file exceptions from hearing officer proposals to Professional Standards and Practices Commission, which hears oral argument.
   
    
3. AYP Appeals (General Rules of Administrative Practice & Procedure - 1 Pa. Code)
   1. Evidentiary hearing before hearing officer appointed by Secretary of Education;
   2. Hearing officer certifies record to Secretary and provides written summary of facts and issues to Secretary;
   3. Secretary issues decision based upon. certified record.
   
    
4. Certification Audit Appeals (24 P.S. § 25-2518)
   1. School Districts cited for employing professionals that are not properly certified may appeal to the Secretary;
   2. Evidentiary hearing before hearing officer appointed by Secretary of Education;
   3. Heating officer issues a proposed report;
   4. Parties may file exceptions from hearing officer proposals to Secretary of Education;
   5. Secretary issues final decision
   
    
5. Certification Appeals Committee (22 Pa. Code § 49.13(b)(9))
   1. Applicants denied teaching certificate may appeal to Secretary of Education’s Certification Appeals Committee;
   2. Committee holds informal time-limited hearing which usually consists of applicant’s statement and applicant’s answering questions posed by committee.
   
    
6. Teacher Tenure Hearings - This is a hearing held when a tenured teacher appeals his or her dismissal or demotion by the school district’s board of school directors to the Sec. of Education (24 P.S. sec. 1131; 22 Pa. Code secs. 351.1-- 351.10). The hearing officer is an attorney in the OCC and the hearing involves legal argument by counsel for the parties and is held in the OCC. Evidentiary testimony can be taken but that is extremely rare because the necessary information/testimony is in the record from the evidentiary hearing before the board of school directors. The hearing officer advises the Sec. and drafts the decision for the Sec’s signature; The decision can be appealed to Commw. Ct.
    
7. Charter school issues -- These hearings are held when there are payment or residency issues between a school district and a charter school. The hearing officer is appointed by the Sec. from the OGC hearing officers. The hearings are held pursuant to 24 P.S. sec. 17-1725-A(6). These can be evidentiary hearings or simply legal argument depending on the issue and the requests of the parties, The hearing officer provides a proposed decision to the Sec., which allows the parties to file exceptions if they desire. The Sec. makes the final decision, which can be appealed to Commw. Ct.

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