18 shall exhibit acceptable and professional language and communication skills. Their verbal and written communications with parents, students and staff shall reflect sensitivity to the fundamental human rights of dignity, privacy and respect. (8) Professional educators shall be openminded, knowledgeable and use appropriate judgment and communication skills when responding to an issue within the educational environment. (9) Professional educators shall keep in confidence information obtained in confidence in the course of professional service unless required to be disclosed by law or by clear and compelling professional necessity as determined by the professional educator. (10) Professional educators shall exert reasonable effort to protect the student from conditions which interfere with learning or are harmful to the student’s health and safety. Section 5. Conduct Individual professional conduct reflects upon the practices, values, integrity and reputation of the profession. Violation of § § 235.6—235.11 may constitute an independent basis for private or public reprimand and may be used as supporting evidence in cases of certification suspension and revocation. Section 6. Legal obligations. (a) The professional educator may not engage in conduct prohibited by the act of December 12, 1973 (P. L. 397, No. 141) (24 P. S. § § 121251—12-1268), known as the Teacher Certification Law. (b) The professional educator may not engage in conduct prohibited by: (1) The Public School Code of 1949 (24 P. S. § § 1-101— 27-2702) and other laws relating to the schools or the education of children. (2) The applicable laws of the Commonwealth establishing ethics of public officials and public employes, including the act of October 4, 1978 (P. L. 883, No. 170) (65 P. S. § § 401—413), known as the Public Official and Employee Ethics Law. (c) Violation of subsection (b) shall have been found to exist by an agency of proper jurisdiction to be considered an independent basis for discipline. Section 7. Certification. The professional educator may not: (1) Accept employment, when not properly certificated, in a position for which certification is required. (2) Assist entry into or continuance in the education profession of an unqualified person. (3) Employ, or recommend for employment, a person who is not certificated appropriately for the position. Section 8. Civil rights. The professional educator may not: (1) Discriminate on the basis of race, National or ethnic origin, culture, religion, sex or sexual orientation, marital status, age, political beliefs, socioeconomic status; disabling condition or vocational interest against a student or fellow professional. This list of bases of discrimination is not allinclusive. This discrimination shall be found to exist by an agency of proper jurisdiction to be considered an independent basis for discipline. (2) Interfere with a student’s or colleague’s exercise of political and civil rights and responsibilities. Section .9. Improper personal or financial gain. The professional educator may not: (1) Accept gratuities, gifts or favors that might impair or appear to impair professional judgment. (2) Exploit a professional relationship for personal gain or advantage. Section 10. Relationships with students. The professional educator may not: (1) Knowingly and intentionally distort or misrepresent evaluations of students. (2) Knowingly and intentionally misrepresent subject matter or curriculum. (3) Sexually harass or engage in sexual relationships with students. (4) Knowingly and intentionally withhold evidence from the proper authorities about violations of the legal obligations as defined within this section. Section 11. Professional relationships. The professional educator may not: (1) Knowingly and intentionally deny or impede a colleague in the exercise or enjoyment of a professional right or privilege in being an educator. (2) Knowingly and intentionally distort evaluations of colleagues. (3) Sexually harass a fellow employe. (4) Use coercive means or promise special treatment to influence professional decisions of colleagues. (5) Threaten, coerce or discriminate against a colleague who in good faith reports or discloses to a governing agency actual or suspected violations of law, agency regulations or standards. The Code of Professional Practice and Conduct for Educators can be found at 22 Pa. Code §§235.1-235.11. All questions should be directed to the Professional Standards and Practices Commission at (717) 787-6576.
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