PRINTER'S NO. 1357
No. 1201 Session of 1999
INTRODUCED BY FLICK, R. MILLER, E. Z. TAYLOR, FARGO, BARRAR AND RUBLEY, APRIL 12, 1999
REFERRED TO COMMITTEE ON EDUCATION, APRIL 12, 1999
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for causes for
6 suspension, for the order of suspension and for reinstatement
7 of professional employees; and making editorial changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1124 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended August 8, 1963 (P.L.564, No.299), is amended to read:
13 Section 1124. Causes for Suspension.--(a) Any board of
14 school directors may suspend the necessary number of
15 professional employes, for any of the causes hereinafter
16 enumerated:
17 (1) Substantial decrease in pupil enrollment in the school
18 district;
19 (2) Curtailment or alteration of the educational program on
20 recommendation of the superintendent, concurred in by the board
1 of school directors, approved by the Department of [Public 2 Instruction] Education, as a result of substantial decline in 3 class or course enrollments or to conform with standards of 4 organization or educational activities required by law or 5 recommended by the Department of [Public Instruction] Education; 6 (3) Consolidation of schools, whether within a single 7 district, through a merger of districts, or as a result of joint 8 board agreements, when such consolidation makes it unnecessary 9 to retain the full staff of professional employes. 10 (4) When new school districts are established as the result 11 of reorganization of school districts pursuant to Article II., 12 subdivision (i) of this act, and when such reorganization makes 13 it unnecessary to retain the full staff of professional 14 employes. 15 (5) Beginning with school year 1997-1998 and each school 16 year thereafter, whenever economic reasons cause a school 17 district to experience a five (5) per centum or greater loss in 18 total local tax revenue for the support of the public schools in 19 the district for one school year, compared with the total local 20 tax revenue collections of the previous year: Provided, That 21 (i) the school district's equalized mills as computed by the 22 State Tax Equalization Board are at or above the Statewide 23 average equalized mills; and 24 (ii) the school district does not receive State funding in 25 the form of temporary aid to school districts suffering loss of 26 tax revenue due to bankruptcy of businesses in the school 27 district under section 2502.16 or temporary special aid to 28 school districts due to real property assessments under section 29 2502.10 which offsets the loss in total local tax revenue. 30 (6) Beginning with school year 1996-1997 and each school 19990H1201B1357 - 2 -
1 year thereafter, whenever a school district experiences a ten 2 (10) per centum or greater loss in combined State and local tax 3 revenue for the support of public schools in any one school 4 year, compared to the combined State and local tax revenue 5 received in the previous school year: Provided, That 6 (i) the conditions established in clause (5) relating to the 7 loss of revenue from local taxes are met; and 8 (ii) the loss in revenue from the State is not due to a 9 decrease in pupil enrollment in the district. 10 (b) As used in this section, "economic reasons" shall mean 11 circumstances as certified by the Secretary of Education 12 including, but not be limited to, the following: 13 (1) A loss of local tax revenue from real estate taxes due 14 to the reassessment of one or more properties within the 15 boundaries of the school district on the condition that the 16 school district tax rates which were in effect at the time of 17 the reassessment are not reduced. 18 (2) A loss of local revenue from real estate taxes during 19 the school year or the preceding school year due to the 20 nonpayment of the taxes within sixty (60) days of the due date 21 by any businesses owning real estate within the boundaries of 22 the school district, by reason of bankruptcy proceedings under 23 Chapter 7, 11 or 13 of 11 U.S.C. (relating to bankruptcy). 24 (3) A loss of local revenue due to the closure or relocation 25 of any business employing a substantial number of district 26 residents. 27 (4) A substantial increase in the unemployment rate in the 28 school district, as certified by the Secretary of Labor and 29 Industry. 30 (5) Other economic reasons approved by the Secretary of 19990H1201B1357 - 3 -
1 Education. 2 Section 2. Section 1125.1 of the act, amended or added 3 November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, 4 No.117), is amended to read: 5 Section 1125.1. Persons to be Suspended.--(a) Professional 6 employes shall be suspended under section 1124 [(relating to 7 causes for suspension)] based upon performance as measured under 8 section 1123 and upon qualification to teach a particular 9 subject or grade level or to hold a particular position. In 10 determining qualification to teach a particular subject or grade 11 level or to hold a particular position, the number of years of 12 teaching the subject or grade level or of holding the position 13 as well as the number of years that have elapsed since the 14 professional employe last taught the subject or grade level or 15 last held the position shall be considered, in addition to 16 whether the professional employe is properly certificated. In 17 cases in which performance and qualification to teach a 18 particular subject or grade level or to hold a particular 19 position are comparable among or between professional employes 20 considered for suspension, the employes shall be suspended in 21 inverse order of seniority within the school entity of current 22 employment. Approved leaves of absence shall not constitute a 23 break in service for purposes of computing seniority for 24 suspension purposes. Seniority shall continue to accrue during 25 suspension and all approved leaves of absence. 26 (b) Where there is or has been a consolidation of schools, 27 departments or programs, all professional employes shall retain 28 the seniority rights they had prior to the reorganization or 29 consolidation. 30 [(c) A school entity shall realign its professional staff so 19990H1201B1357 - 4 -
1 as to insure that more senior employes are provided with the 2 opportunity to fill positions for which they are certificated 3 and which are being filled by less senior employes.] 4 (d)(1) No suspended employe shall be prevented from engaging 5 in another occupation during the period of suspension. 6 (2) Suspended professional employes or professional employes 7 demoted for the reasons set forth in section 1124 shall be 8 reinstated on the basis of their seniority regarding 9 qualification to teach a particular subject or grade level or to 10 hold a particular position, followed next by their seniority 11 within the school entity. No new appointment shall be made while 12 there is such a suspended or demoted professional employe 13 available who is properly certificated to fill such vacancy. For 14 the purpose of this subsection, positions from which 15 professional employes are on approved leaves of absence shall 16 also be considered temporary vacancies. 17 (3) To be considered available a suspended professional 18 employe must annually report to the governing board in writing 19 his current address and his intent to accept the same or similar 20 position when offered. 21 (4) A suspended employe enrolled in a college program during 22 a period of suspension and who is recalled shall be given the 23 option of delaying his return to service until the end of the 24 current semester. 25 (e) Nothing contained in section 1125.1(a) through (d) shall 26 be construed to supersede or preempt any provisions of a 27 collective bargaining agreement negotiated by a school entity 28 and an exclusive representative of the employes in accordance 29 with the act of July 23, 1970 (P.L.563, No.195), known as the 30 "Public Employe Relations Act"; however, no agreement shall 19990H1201B1357 - 5 -
1 prohibit the right of a professional employe who is not a member 2 of a bargaining unit from retaining seniority rights under the 3 provisions of this act. 4 (f) A decision to suspend in accordance with this section 5 shall be considered an adjudication within the meaning of the 6 "Local Agency Law." 7 Section 3. This act shall take effect immediately. C1L24DMS/19990H1201B1357 - 6 -