This document provides a summary of Pennsylvania law regarding the mandatory reporting of child abuse by educators. It reviews the key statutes governing child abuse reporting and educator discipline. It defines who is required to report suspected child abuse and the standards for when and how to make a report. The document also discusses potential reporting scenarios through hypothetical examples and provides guidance on preserving due process for subjects of reports. The overall purpose is to educate educators on their legal obligations to report child abuse and potential issues that could arise.

1. Child Abuse Reporting:
Legal Update
Joseph F. Canamucio, Esquire
PSEA Staff Attorney
Gettysburg 2017
© PSEA Legal Division

2. No News is … No News
• No legislative changes since last year.
• This Presentation will:
• (1) review law;
• (2) incorporate relevant updates from cases; and
• (3) offer some advice for hypothetical situations.
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3. Mandatory Training:
This Shouldn’t Be New To You!
• “Employees who have direct contact with children” who work for “school entities and independent
contractors of school entities” must be provided with training by employer pursuant to 24 P.S. 1205.6
• Minimum of three hours every five years
• Trains school employees in the three Rs:
• Recognizing signs of abuse
• When and how to report
• Maintaining appropriate relationships with students
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4. Review of the Law:
The Governing Statutes
• Child Protective Services Law
23 Pa.C.S. 6301 – 6385
• Educator Discipline Act
24 P.S. 2070.1a – 2070.18c
• Duty to Report as Employee
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5. Review of the Law:
The Child Protective Services Law
• Who must report?
• “Mandatory reporters”
• Responsible for child’s welfare
• Direct contact with children
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6. Review of the Law:
The Child Protective Services Law
• When and what do you report?
• When you have reasonable cause to
suspect that an identifiable child is a
victim of child abuse.
• “Child abuse” – see handout
• “Reasonable cause to suspect” – see handout
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7. Review of the Law:
The Child Protective Services Law
• How must it be reported?
• ChildLine
• County Agency
• School administration
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8. Review of the Law:
The Educator Discipline Act
• Who is covered?
• Mandatory reporters
• Educators holding a certificate from the Pennsylvania
Department of Education.
• Subjects of reports
• Educators holding a certificate from the Pennsylvania
Department of Education.
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9. Review of the Law:
The Educator Discipline Act
• When and what do you report?
• When you “know of” any conduct which
constitutes “sexual abuse or exploitation
or sexual misconduct.”
• “Know of”
• “Sexual abuse or exploitation” – see handout
• “Sexual misconduct” – see handout
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10. Review of the Law:
The Educator Discipline Act
• How must it be reported?
• Within 15 days
• File report with PDE
• Report misconduct to chief school administrator and
immediate supervisor
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11. Warning: Poisoning the Well
• Accidentally generating new reports by
speaking with colleagues
• Preserving potential union representation for
the subject of your report, if appropriate
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12. Hypo 1: “Rumor Has It”
“Just ‘cause I said it, it don’t mean that I meant it.”
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13. Warning:
Don’t Be A Detective
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14. Hypo 2: The Unknown Abuser
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15. Hypo 3: “Fuggedaboudit”
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16. Hypo 4: The Confidante
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17. Hypo 5: The Last to Know
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18. Hypo 6: The Mistake
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19. THE END
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