| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 445, 1075, 1896 | PRINTER'S NO. 1949 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 4, 2010 |
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| AN ACT |
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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 certificates | <-- |
6 | qualifying persons to teach and for kinds of State |
7 | certificates; providing for postbaccalaureate certification; |
8 | and further providing for disqualifications relating to |
9 | teacher's certificate. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 1209 of the act of March 10, 1949 | <-- |
13 | (P.L.30, No.14), known as the Public School Code of 1949, |
14 | amended April 15, 1959 (P.L.41, No.16) and June 24, 1959 |
15 | (P.L.485, No.110), is amended to read: |
16 | Section 1. Section 1201 of the act of March 10, 1949 | <-- |
17 | (P.L.30, No.14), known as the Public School Code of 1949, |
18 | amended January 14, 1970 (1969 P.L.468, No.192), is amended to |
19 | read: |
20 | Section 1201. Certificates Qualifying Persons to Teach.-- |
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1 | Only those persons holding one of the following certificates |
2 | shall be qualified to teach in the public schools of this |
3 | Commonwealth--(1) Permanent college certificate, (2) provisional |
4 | college certificate, (3) normal school diploma, (4) normal |
5 | school certificate, (5) special permanent certificate, (6) |
6 | special temporary certificate, (7) permanent State certificate, |
7 | (8) residency certificate, (9) intern certificate, (10) |
8 | certificates which are permanent licenses to teach by virtue of |
9 | the provisions of section one thousand three hundred eight of |
10 | the act, approved the eighteenth day of May, one thousand nine |
11 | hundred eleven (Pamphlet Laws 309), as amended, which is |
12 | repealed hereby, or [(9)] (11) such other kinds of certificates |
13 | as are issued under the standards prescribed by the State Board |
14 | of Education. The State Board of Education shall also provide |
15 | for issuance of certificates by district superintendents to meet |
16 | such emergencies or shortage of teachers as may occur. |
17 | Section 2. Sections 1203 and 1206 of the act are amended to |
18 | read: |
19 | Section 1203. Kinds of State Certificates.--(a) State |
20 | certificates hereafter granted shall include the following: |
21 | Provisional College Certificates, |
22 | Permanent College Certificates, |
23 | Certificates issued by other states and validated by the |
24 | Superintendent of Public Instruction, |
25 | Special Temporary Certificates, |
26 | Special Permanent Certificates[.], |
27 | Residency Certificates, |
28 | Intern Certificates. |
29 | (b) All persons receiving any of such certificates shall |
30 | have qualifications not less than graduation from a State |
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1 | Teachers' College of this Commonwealth, or equivalent training. |
2 | Postbaccalaureate certification programs, including residency, |
3 | intern and administrative certification programs completed under |
4 | section 1207.1 are equivalent training for purposes of this act. |
5 | (c) Every college certificate shall set forth the names of |
6 | the college or university from which its holder was graduated. |
7 | State certificates shall entitle their holders to teach in every |
8 | part of this Commonwealth for the terms herein specified. |
9 | Section 1206. Certificates Issued by Other States.--[The |
10 | Superintendent of Public Instruction may validate in this |
11 | Commonwealth teachers' certificates issued by other states, or |
12 | by the State normal schools or colleges of other states, whose |
13 | requirements are equivalent to those of this Commonwealth. Such |
14 | validation of certificates may be revoked by the Superintendent |
15 | of Public Instruction at any time.] (a) Candidates holding a |
16 | valid instructional certificate issued by another state may be |
17 | eligible for comparable Pennsylvania certification provided that |
18 | the candidate meets the following requirements: |
19 | (1) Holds a bachelor's degree from a regionally accredited |
20 | college or university. |
21 | (2) Has at least three (3) years of successful professional |
22 | experience. |
23 | (3) Demonstrates subject matter competency in the applicable |
24 | area of Pennsylvania certification. |
25 | (4) Satisfies the requirements of section 1209. |
26 | (b) The Secretary of Education shall adopt standards and |
27 | guidelines as necessary to implement this section. |
28 | Section 3. The act is amended by adding a section to read: |
29 | Section 1207.1. Postbaccalaureate Certification.--(a) |
30 | Notwithstanding any other provision of law to the contrary, the |
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1 | Secretary of Education shall have all of the following powers |
2 | and duties with regard to postbaccalaureate certification |
3 | programs: |
4 | (1) Evaluate and approve, in accordance with this section, |
5 | all postbaccalaureate certification programs, including |
6 | accelerated programs, leading to the certification of |
7 | professional personnel including intern certification programs, |
8 | residency certification programs and administrative |
9 | certification programs. |
10 | (2) Evaluate and approve qualified providers of |
11 | postbaccalaureate certification programs, which may include |
12 | providers other than institutions of higher education. |
13 | (3) Develop guidelines for the approval of postbaccalaureate |
14 | instructional certification programs, which shall include: |
15 | (i) Instruction and training in the following: |
16 | (A) Educational strategies for the designated subject area. |
17 | (B) Child development specifically related to the level of |
18 | the certificate sought. |
19 | (C) Professional ethics and responsibilities. |
20 | (D) Pennsylvania academic standards. |
21 | (E) Assessment knowledge and skills. |
22 | (F) Accommodations and adaptations for students with |
23 | disabilities in an inclusive setting. |
24 | (G) Strategies for meeting instructional needs of English |
25 | language learners. |
26 | (ii) Requirements for candidate oversight and mentoring that |
27 | include field placement, student teaching, classroom |
28 | observations and ongoing support for novice educators in |
29 | partnership with local education agencies during their induction |
30 | period, including observation, consultation and assessment that |
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1 | includes close supervision by a professional employe. |
2 | (4) Issue certificates in accordance with this section to |
3 | qualified candidates. |
4 | (5) Adopt standards and guidelines as necessary to implement |
5 | this section. |
6 | (b) (1) The Secretary of Education may make a one-time |
7 | issuance of a residency certificate for service in a specific |
8 | shortage area of instruction in public schools of this |
9 | Commonwealth to an applicant who meets all of the following: |
10 | (i) Satisfies the requirements specified under section 1209. |
11 | (ii) Meets one of the following: |
12 | (A) Holds a doctoral degree from an accredited college or |
13 | university in the subject area of shortage. |
14 | (B) Holds a master's degree from an accredited college or |
15 | university in the subject area of shortage and has at least two |
16 | (2) years of work experience in the subject area or related |
17 | field. |
18 | (C) Holds a bachelor's degree from an accredited college or |
19 | university in the subject area of shortage and has at least five |
20 | (5) years of work experience in the subject area or related |
21 | field. |
22 | (iii) Is continuously enrolled in an approved residency |
23 | program. |
24 | (iv) Presents evidence of satisfactory achievement on the |
25 | appropriate subject area content test. |
26 | (2) A residency certificate shall be valid for three (3) |
27 | years of teaching in the public schools of this Commonwealth in |
28 | the area for which it applies. |
29 | (3) The Secretary of Education shall have all of the |
30 | following powers and duties related to the issuance of residency |
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1 | certificates: |
2 | (i) Identify areas of certification in which there is a |
3 | Statewide or regional shortage of qualified teachers. |
4 | (ii) Develop guidelines for the residency program in |
5 | accordance with subsection (a). |
6 | (iii) Issue residency certificates to qualified applicants. |
7 | (iv) Report annually to the State Board of Education on the |
8 | number of residency certificates issued under this section. |
9 | (4) A residency certificate may be converted to an |
10 | Instructional I Certificate upon the completion of all residency |
11 | program requirements under Department of Education guidelines |
12 | and the completion of three (3) years of satisfactory teaching |
13 | in the public schools of this Commonwealth. |
14 | (c) (1) Postbaccalaureate instructional intern |
15 | certification programs shall provide flexible and accelerated |
16 | pedagogical training to teachers who have demonstrated subject |
17 | matter competency in a subject area related to their |
18 | certification, provided that the first year of teaching includes |
19 | a minimum of one classroom observation each month by an approved |
20 | postbaccalaureate certification program provider. |
21 | (2) The Secretary of Education may make a one-time issuance |
22 | of a postbaccalaureate instructional intern certificate for |
23 | service in a specific area of instruction to candidates who, in |
24 | addition to meeting the requirements of section 1209, present |
25 | evidence of satisfactory achievement on the department- |
26 | prescribed subject matter assessments related to the area of |
27 | certification and hold a bachelor's degree from an accredited |
28 | college or university. This certificate shall require continuing |
29 | enrollment in an approved postbaccalaureate instructional intern |
30 | certification program. |
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1 | (3) A postbaccalaureate instructional intern certificate |
2 | shall be valid for three (3) years of teaching in the public |
3 | schools of this Commonwealth and may not be renewed. |
4 | (4) A candidate shall be issued an Instructional I |
5 | Certificate upon successful completion of the approved |
6 | postbaccalaureate instructional intern program provided that the |
7 | candidate has satisfied the requirements of section 1209. |
8 | (d) (1) Notwithstanding any other provision of law, no |
9 | person shall be granted an administrative certificate by the |
10 | Department of Education unless: |
11 | (i) The candidate holds a bachelor's degree from a |
12 | regionally accredited college or university. |
13 | (ii) The candidate has had three (3) years of relevant |
14 | professional experience. |
15 | (iii) The candidate satisfies the requirements of section |
16 | 1209. |
17 | (iv) The candidate has completed in a college or university |
18 | a graduate program in education approved by the Department of |
19 | Education or has provided to the Secretary of Education |
20 | satisfactory evidence that the candidate has successfully |
21 | completed a leadership development program that meets the |
22 | Pennsylvania school leadership standards under section 1217. |
23 | (2) The Secretary of Education may adopt standards and |
24 | guidelines as necessary to implement this section. |
25 | (e) Notwithstanding any other provision of law, no candidate |
26 | for certification or admission into a certification preparation |
27 | program who holds a bachelor's degree from a regionally |
28 | accredited college or university shall be required to complete |
29 | the academic preparation requirements of 22 Pa. Code Ch. 354 |
30 | (relating to preparation of professional educators). |
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1 | Section 4. Section 1209 of the act, amended April 15, 1959 |
2 | (P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended |
3 | to read: |
4 | Section 1209. Disqualifications.--No teacher's certificate |
5 | shall be granted to any person who [has]: |
6 | (1) Has not submitted, upon a blank furnished by the |
7 | [Superintendent of Public Instruction] Secretary of Education, a |
8 | certificate from a physician [legally qualified to practice |
9 | medicine], certified registered nurse practitioner or physician |
10 | assistant licensed or certified in this Commonwealth, or in any |
11 | other state or the District of Columbia, setting forth that |
12 | [said] the applicant is [neither mentally nor physically |
13 | disqualified, by reason of tuberculosis or any other |
14 | communicable disease or by reason of mental disorder] not |
15 | disqualified by reason of a mental or physical disability or a |
16 | communicable disease from the successful performance of the |
17 | [duties of a teacher; nor to any person who has not] essential |
18 | functions of a teacher with or without a reasonable |
19 | accommodation. |
20 | (2) Does not have a good moral character[, or who is]. |
21 | (3) [in the habit of using opium or other narcotic drugs in |
22 | any form, or any intoxicating drink as a beverage, or to any |
23 | applicant who has a major physical disability or defect unless |
24 | such a person submits a certificate signed by an official of the |
25 | college or university from which he was graduated or of an |
26 | appropriate rehabilitation agency, certifying that in the |
27 | opinion of such official the applicant, by his work and |
28 | activities, demonstrated that he is sufficiently adjusted, |
29 | trained and motivated to perform the duties of a teacher, |
30 | notwithstanding his impediment.] Engages in the illegal use of |
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1 | controlled substances or alcoholic beverages. An applicant for |
2 | certification may overcome the disqualification under this |
3 | paragraph and receive a teaching certificate if the applicant is |
4 | reviewed by the Department of Education pursuant to the |
5 | requirement of paragraph (2) and determined to be of good moral |
6 | character. |
7 | Section 2 5. Any regulations of the Department of Education | <-- |
8 | that are inconsistent with this act are hereby abrogated to the |
9 | extent of the inconsistency. |
10 | Section 3 6. This act shall take effect in 60 days | <-- |
11 | immediately. | <-- |
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