PRINTER'S NO. 2832
No. 2055 Session of 2005
INTRODUCED BY T. STEVENSON, ARMSTRONG, BARRAR, BEYER,
CALTAGIRONE, CORRIGAN, CRAHALLA, CREIGHTON, DENLINGER, DIVEN,
GEIST, HENNESSEY, KOTIK, McGILL, MUSTIO, O'NEILL, PETRI,
PYLE, SATHER, E. Z. TAYLOR AND YOUNGBLOOD, OCTOBER 17, 2005
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 17, 2005
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 manner of
6 election of district superintendents and assistant
7 superintendents and for their removal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1073(a) and (b) of the act of March 10,
11 1949 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended January 16, 1974 (P.L.1, No.1), are amended and the
13 section is amended by adding a subsection to read:
14 Section 1073. Manner of Election or Approval.--(a) The
15 board of school directors of each school district, except in
16 school districts of the first class, shall meet at its regular
17 place of meeting, during the last year of the term of the
18 district superintendent or at any other time when a vacancy
19 shall occur in the office of district superintendent, at an hour
1 previously fixed by the board. The secretary of each board of
2 school directors shall mail to each member thereof at least five
3 days beforehand, a notice of the time, place and purpose of such
4 meeting. At such meeting the board shall elect or approve a
5 properly qualified district superintendent to serve a term of
6 from three (3) to five (5) years, and not more than three (3)
7 years if the person has no prior experience as a superintendent
8 or assistant superintendent, from the first day of July next
9 following his election or from a time mutually agreed upon by
10 the duly elected district superintendent and the board of school
11 directors.
12 (b) At a regular meeting of the board of school directors
13 occurring at least one hundred fifty (150) days prior to the
14 expiration date of the term of office of the district
15 superintendent, the agenda shall include an item requiring
16 affirmative action by five or more members of the board of
17 school directors to notify the district superintendent that the
18 board intends to retain him for a further term of from three (3)
19 to five (5) years, and not more than three (3) years, if the
20 person has no prior experience as a superintendent or assistant
21 superintendent or that another or other candidates will be
22 considered for the office. In the event that the board fails to
23 take such action at a regular meeting of the board of school
24 directors occurring at least one hundred fifty (150) days prior
25 to the expiration date of the term of office of the district
26 superintendent, he shall continue in office for a further term
27 of similar length to that which he is serving.
28 * * *
29 (e) (1) Notwithstanding any other provision of law, no
30 individual shall be employed as a superintendent or assistant
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1 superintendent by a school district except pursuant to a written
2 contract of employment expressly stating the terms and
3 conditions of employment.
4 (2) A contract for the employment of a superintendent or
5 assistant superintendent shall:
6 (i) Contain the mutual and complete agreement between the
7 superintendent or assistant superintendent and the board of
8 school directors with respect to the terms and conditions of
9 employment.
10 (ii) Consistent with State Board of Education certification
11 requirements, specify the duties, responsibilities, job
12 description and performance expectations.
13 (iii) Incorporate all provisions relating to compensation
14 and benefits to be paid to or on behalf of the superintendent or
15 assistant superintendent.
16 (iv) Specify the term of employment and state that the
17 contract shall terminate immediately upon the expiration of the
18 term.
19 (v) Specify the termination provisions, provided that no
20 buy-out provision may be more than six (6) months in duration.
21 (vi) Contain provisions relating to outside work that may be
22 performed, if any.
23 (vii) State that any modification to the contract must be in
24 writing.
25 (viii) State that the contract shall be governed by
26 Pennsylvania law.
27 Section 2. Section 1080 of the act is amended to read:
28 Section 1080. Removal.--(a) District superintendents and
29 assistant district superintendents may be removed from office,
30 after hearing, by a majority vote of the board of school
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1 directors of the district, for neglect of duty, incompetency,
2 intemperance, or immorality, of which hearing notice of at least
3 one week has been sent by mail to the accused, as well as to
4 each member of the of the board of school directors.
5 (b) The board of school directors shall publicly disclose
6 the cause or reason for the removal from office under subsection
7 (a).
8 (c) Notwithstanding any of the provisions of this section, a
9 school superintendent under contract with a board of school
10 directors of a school district prior to the effective date of
11 this subsection shall be permitted to complete the remainder of
12 said contract according to its terms and shall become subject to
13 the provisions of this section in the first contract renewal
14 following the effective date of this subsection.
15 Section 3. This act shall take effect in 60 days.
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