Philadelphia Metro Area Teacher License Defense

Teachers serve a crucial role in society, and it’s important that families feel safe sending their children to school. Making sure educators are qualified to teach and care for children during the school day is important.

Expecting a certain level of behavior from teachers makes sense. Unfortunately, these guidelines for professional conduct aren’t always uniformly enforced. In some cases, teachers may be accused of misconduct even when their actions have no bearing on their fitness and ability to teach.

You’ve worked hard to become a teacher. If you’re facing accusations of misconduct, you have the right to defend yourself.

The Professional License Defense Team at the LLF National Law Firm works with teachers facing misconduct accusations. We’re here to help you protect your career and your future. If you’re a teacher working in the Philadelphia area and you’re facing misconduct charges, contact us at 888-535-3686 or fill out our online form.

About the Philadelphia Area

Public education in the Philadelphia area pre-dates the United States. In 1749, Benjamin Franklin published his thoughts on how to educate the youth of the state. Almost three hundred years later, Philadelphia continues to be a leader in public education in the country.

Over 7 million people across four states call the Greater Philadelphia area home. Approximately 18 percent are under eighteen years old.

Teachers may work in Pennsylvania, Maryland, New Jersey, or Delaware. Districts in the region span the small schools of Maryland’s Eastern Shore, the leafy suburban schools in towns like Haddonfield, and the large urban schools in Philadelphia.

The School District of Philadelphia, the largest in Pennsylvania, serves almost 200,000 students. The region covers dozens of school districts, including:

• Brandywine

• Central Bucks

• Cherry Hill

• Christina

• Council Rock

• Lower Merion

• Moorestown Township

• New Hope-Solebury

• Radnor Township

• Reading

• Red Clay Consolidated

• Upper Darby

• West Chester

Each state is responsible for licensing teachers who work within its borders. In the Philly area, teachers may live in one state and work in another. Disciplinary action originates in the state where a teacher works.

If teachers are licensed in multiple states, they should be aware of when they need to inform other states of disciplinary action taken against them. Teachers shouldn’t report unless required to do so, but failing to report can result in additional disciplinary action.

Teacher License Defense in Pennsylvania

The Professional Standards and Practices Commission (PSPC) handles allegations of misconduct and disciplinary action against teachers in the Keystone State. The PSPC is part of the Pennsylvania Department of Education.

The state allows anyone to submit a written complaint about a teacher to the Department of Education’s Office of Chief Counsel. Complaints cannot be filed anonymously.

The Pennsylvania Department of Education has considerable power to investigate alleged misconduct under the Educator Discipline Act. The Department may investigate allegations of misconduct, such as:

• Immorality

• Negligence

• Intemperance

• Incompetency

• Cruelty

• Sexual misconduct

• Sexual abuse or exploitation

• Conviction of a crime involving moral turpitude

• Violations of the Code for Professional Practice and Conduct

• Illegal use of a professional title

• Failure to fulfill responsibilities required under the Educator Discipline Act, such as mandatory reporting

• Any action that could be viewed as retaliation against someone who filed a complaint or participated in a disciplinary proceeding in good faith

Some of these categories are vague. This means teachers may be subjected to inconsistent expectations or enforcement.

The process to investigate misconduct generally follows these steps:

• Complaint

• Investigation

• PSPC review

• Notice and opportunity to respond

• Formal hearing, which isn’t required

• PSPC issues a decision

• Appeals

Pennsylvania allows disciplinary action against teachers to become part of the public record. As a result, even “minor” disciplinary action can damage a teacher’s reputation.

Some of the disciplinary actions that teachers may face in Pennsylvania:

• Warnings or reprimands are placed in a teacher’s file. They don’t affect a teacher’s license or their ability to teach.

• Public censure

• Suspension means an educator is barred from teaching for a certain period of time.

• License revocation is the most severe sanction and may affect a teacher’s ability to work in other states as well.

One incident of misconduct can result in multiple disciplinary actions. In addition to the above, teachers may also face restrictions on teaching, probation, fines, loss of pension benefits, and professional development requirements.

Accusations of misconduct don’t have to derail your teaching career. The Professional License Defense Team at the LLF National Law Firm guides our clients throughout the disciplinary process. We represent clients in hearings, help negotiate settlements, and protect our clients’ rights.

Teacher License Defense in New Jersey

The New Jersey Department of Education’s Board of Examiners issues teaching licenses for the Garden State. The Board also has the responsibility for investigating allegations of misconduct and taking disciplinary action against educators.

Teachers in New Jersey may face accusations of misconduct for the following reasons:

• Failing to meet the standards listed in the state’s Professional Standards for Teachers and School Leaders

• Professional misconduct

• Sexual harassment

• Certain felony and misdemeanor convictions

• Fraud

• Theft

• Substance abuse

• Assault

In some cases, a teacher doesn’t have to be convicted of a crime to face disciplinary action.

The disciplinary process in New Jersey generally follows these steps:

• Complaints

  • Anyone can file a complaint.

  • Complaints can be anonymous.

• Investigation

  • Generally involves gathering relevant documents, speaking with witnesses or other involved individuals, and finding other relevant evidence.

  • Teachers will be notified of the complaint made against them.

• Settlement (optional)

  • In some cases, the educator and state officials may reach an agreement about disciplinary action before the hearing.

• Administrative hearing

  • Hearings go through either the Board of Examiners or the New Jersey Office of Administrative Law.

  • Both sides have the opportunity to present evidence and witnesses.

  • Educators can have an attorney present.

• Written decision

• Appeal

In general, educators shouldn’t assume the state’s investigation will be comprehensive. They should take opportunities to present their side and defend themselves against the allegations. An attorney with the LLF National Law Firm can help teachers build a defense strategy.

New Jersey allows for a considerable range of disciplinary action against teachers. These include:

• Fines

• Mandatory community service

• Training or continuing education

• Anger management courses

• License suspension

• License revocation

Beyond the actual disciplinary action, a teacher’s reputation and career can be impacted.

An attorney can help educators navigate this process and decide on the best course of action at each step. The Professional License Defense Team at the LLF National Law Firm assists our clients in understanding the pros and cons throughout the process and helps them determine the best decisions for their specific situation.

Teacher License Defense in Delaware

The Delaware Department of Education handles licensing and disciplining teachers. Delaware has a three-tier licensing system for educators. All three can be subject to disciplinary action.

The state has an online complaint form. Anyone can submit a complaint against an educator.

In some cases, the Office of Child Care Licensing (OCCL) will handle the investigation. In other cases, the OCCL will forward the complaint to the teacher’s school district for investigation.

Some of the common grounds for possible misconduct allegations against teachers in Delaware:

• Sexual misconduct or other inappropriate relations with students

• Physical, verbal, emotional, or mental abuse of students

• Drug and alcohol abuse

• Academic-related misconduct

• Criminal convictions

  • Some felony arrests and indictments can result in an automatic suspension of an educator’s license.

  • Some felony convictions and pleas can result in an educator’s license being automatically suspended or revoked.

• Fraudulent or misrepresentation of facts during the application process

• Having a suspended or revoked license in another state

The state cannot take disciplinary action against an educator without informing them of the charges against them and giving them the opportunity to respond. Teachers generally have thirty days to request a hearing, in writing, in front of the Standards Board.

During hearings, the burden of proof is on the agency to show that the educator or applicant engaged in misconduct. During hearings, teachers and applicants have the opportunity to present their side of the case and provide evidence and other information to defend against the charges.

After the hearing, the Professional Standards Board can issue a final order that either sides with the teacher or levels disciplinary action against the educator. Possible sanctions include:

• A public letter of reprimand

• Limiting a license, permit, or certificate

• Suspending a license, permit, or certificate for up to five years

• Revoking a license, permit, or certificate

If teachers don’t request a hearing, after thirty days, the Standards Board will go ahead with disciplinary action. Educators will be informed of the sanctions against them in writing.

Each allegation of misconduct is different, and it’s important that teachers receive guidance related to their specific situation. The Professional License Defense Team at the LLF National Law Firm treats our clients as individuals. We help our clients build cases and make choices based on their circumstances, not general advice.

Teacher License Defense in Maryland

The Maryland State Superintendent of Schools has the authority to suspend, deny, or revoke a teaching license in the Chesapeake State. The state doesn’t have a uniform procedure for investigating accusations of misconduct.

In Maryland, school districts are responsible for investigating allegations of misconduct and establishing their procedures for investigating complaints. This means that teachers need to know their district’s specific policies.

After completing an investigation and finding evidence of misconduct, school districts send a letter to the State Superintendent. This letter will explain the situation and recommend what disciplinary action should be taken.

The State Superintendent is responsible for notifying teachers. After receiving this notice, teachers generally have fifteen days to request a formal hearing. Hearings provide teachers with the opportunity to present their side and defend against the charges.

In Maryland, disciplinary action can result in:

• License suspension

• License revocation

• Application denial

Grounds for Misconduct

Individuals with an active teaching license may be suspended for breach of contract or failure to pay child support. Other grounds for disciplinary action in Maryland include:

• Convictions, guilty pleas, or pleas of no contest to certain crimes. These include contributing to the delinquency of a minor, third or fourth degree sexual offenses, certain controlled substance offenses, and crimes involving moral turpitude when the alleged actions directly relate to a person’s ability to teach.

• Material misrepresentation in their application.

• Fraudulent or deceptive actions to obtain a license.

• Failing to report suspected child abuse.

• Dismissed from a position due to misconduct involving a student or minor.

• Resigned from a position after being accused of misconduct involving a student or minor.

• Another state suspended, revoked, or denied a teaching license, and the cause is grounds for suspension or revocation of a license in Maryland.

For applicants for a teaching license in Maryland, the following may result in their application being denied:

• Convictions, guilty pleas, or pleas of no contest to crimes involving child abuse or neglect, child pornography, or sexual solicitation of a minor.

• Dismissed from a position due to evidence of child sexual abuse.

• Resigned from a position after being accused of child sexual abuse.

The Professional License Defense Team at the LLF National Law Firm helps our clients understand how criminal charges against them can affect their careers and how to protect against accusations of misconduct. We also ensure our clients’ rights are protected through the process.

Protect Your Career

If you’re a teacher in the Philly area, you’ve worked hard to become a credentialed educator. Misconduct accusations can damage your career, your reputation, and your future.

For teachers, there’s no such thing as a “minor” accusation of misconduct. Even if a teacher did engage in the alleged misconduct, they still have a right to defend themselves and avoid overly severe sanctions.

The Professional License Defense Team at the LLF National Law Firm works with educators throughout the Philadelphia area. We help our client understand the process and decide on the best course of action for their specific situation.

Our team works with our clients to build evidence-based defenses. If you’re a teacher in the Philadelphia area, call us at 888-535-3686 or fill out our online form.