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| PRIOR PRINTER'S NO. 615 | PRINTER'S NO. 974 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, SMUCKER, M. WHITE, RAFFERTY, EICHELBERGER, WAUGH, EARLL, PICCOLA, BRUBAKER, D. WHITE, ALLOWAY, VANCE, McILHINNEY, WARD, BROWNE, MENSCH AND YAW, FEBRUARY 18, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 5, 2011 |
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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," in professional employees, further |
6 | providing for causes for suspension and for persons to be | <-- |
7 | suspended. |
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, added |
12 | 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 |
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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) Economic reasons, as part of a plan to reduce or control |
16 | school district costs. A school district may not use costs as | <-- |
17 | the sole factor in determining which professional employes to |
18 | suspend. |
19 | (b) (1) The following shall apply to any suspension of a |
20 | professional employe assigned to provide instruction directly to |
21 | students: |
22 | (i) A board of school directors may suspend the necessary |
23 | number of professional employes assigned to provide instruction |
24 | directly to students only if the board of school directors also |
25 | suspends at least an equal percentage proportion of |
26 | administrative staff. |
27 | (ii) The State Board Secretary of Education may, by a | <-- |
28 | majority vote, grant a board of school directors a waiver of |
29 | subparagraph (i) if the State Board Secretary of Education | <-- |
30 | determines that compliance with subparagraph (i) is likely to |
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1 | cause significant harm to the operations of the school district, | <-- |
2 | the Secretary of Education submits the determination to the |
3 | State Board of Education and the State Board of Education |
4 | approves the determination by a majority of its members. |
5 | (2) For purposes of this subsection, "administrative staff" |
6 | shall include, but not be limited to, superintendents, assistant |
7 | superintendents, deputy superintendents, principals, assistant |
8 | principals, supervisors, managers, directors, coordinators and |
9 | any other staff who are not assigned to provide instruction |
10 | directly to students. |
11 | Section 2. Section 1125.1 of the act, amended or added | <-- |
12 | November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, |
13 | No.117), is amended to read: |
14 | Section 1125.1. Persons to be Suspended.--(a) Professional |
15 | employes shall be suspended under section 1124 [(relating to |
16 | causes for suspension) in inverse order of seniority within the |
17 | school entity of current employment. Approved leaves of absence |
18 | shall not constitute a break in service for purposes of |
19 | computing seniority for suspension purposes. Seniority shall |
20 | continue to accrue during suspension and all approved leaves of |
21 | absence.] based upon the school entity's evaluation of the |
22 | following factors in determining which employes will be |
23 | suspended: |
24 | (1) The professional employe's certification. |
25 | (2) The professional employe's performance, including, but |
26 | not limited to, performance under the Pennsylvania Value Added |
27 | Assessment System and local school entity performance criteria. |
28 | (3) For a professional employe who teaches subjects that are |
29 | not evaluated under the Pennsylvania Value Added Assessment |
30 | System, whether the professional employe meets qualifications |
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1 | set forth by the school entity to teach a particular subject or |
2 | grade level. |
3 | (4) Specific qualifications set forth by the school entity. |
4 | (b) Where there is or has been a consolidation of schools, |
5 | departments or programs, all professional employes shall retain |
6 | the seniority rights they had prior to the reorganization or |
7 | consolidation. |
8 | [(c) A school entity shall realign its professional staff so |
9 | as to insure that more senior employes are provided with the |
10 | opportunity to fill positions for which they are certificated |
11 | and which are being filled by less senior employes.] |
12 | (d) (1) No suspended employe shall be prevented from |
13 | engaging in another occupation during the period of suspension. |
14 | (2) Suspended professional employes or professional employes |
15 | demoted for the reasons set forth in section 1124 shall be |
16 | reinstated on the basis of [their seniority within the school |
17 | entity. No new appointment shall be made while there is such a |
18 | suspended or demoted professional employe available who is |
19 | properly certificated to fill such vacancy.] the school entity's |
20 | evaluation of the criteria listed in subsection (a). For the |
21 | purpose of this subsection, positions from which professional |
22 | employes are on approved leaves of absence shall also be |
23 | considered temporary vacancies. |
24 | (3) To be considered available a suspended professional |
25 | employe must annually report to the governing board in writing |
26 | his current address and his intent to accept the same or similar |
27 | position when offered. |
28 | (4) A suspended employe enrolled in a college program during |
29 | a period of suspension and who is recalled shall be given the |
30 | option of delaying his return to service until the end of the |
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1 | current semester. |
2 | (e) Nothing contained in section 1125.1(a) through (d) shall |
3 | be construed to supersede or preempt any provisions of a |
4 | collective bargaining agreement negotiated by a school entity |
5 | and an exclusive representative of the employes in accordance |
6 | with the act of July 23, 1970 (P.L.563, No.195), known as the |
7 | "Public Employe Relations Act[";]," and in effect on the |
8 | effective date of subsection (g); however, no agreement shall |
9 | prohibit the right of a professional employe who is not a member |
10 | of a bargaining unit from retaining seniority rights under the |
11 | provisions of this act. |
12 | [(f) A decision to suspend in accordance with this section |
13 | shall be considered an adjudication within the meaning of the |
14 | "Local Agency Law."] |
15 | (g) Where a professional employe is suspended under this |
16 | section, the professional employe's position shall remain vacant |
17 | for at least one year; provided, that the school entity may |
18 | reinstate at any time the professional employe who was |
19 | suspended. |
20 | Section 2 3. This act shall take effect in 60 days. | <-- |
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