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| PRIOR PRINTER'S NOS. 615, 974, 1135 | PRINTER'S NO. 1188 |
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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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| AS AMENDED ON THIRD CONSIDERATION, MAY 9, 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, |
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 |
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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 In the case of a suspension under subsection | <-- |
20 | (a)(5), the following shall apply to any suspension of a |
21 | professional employe assigned to provide instruction directly to |
22 | students: |
23 | (i) (1) A board of school directors may suspend the | <-- |
24 | necessary number of professional employes assigned to provide |
25 | instruction directly to students only if the board of school |
26 | directors also suspends at least an equal percentage proportion |
27 | of administrative staff. |
28 | (ii) (2) The Secretary of Education may grant a board of | <-- |
29 | school directors a waiver of subparagraph (i) paragraph (1) if | <-- |
30 | the following apply: |
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1 | (A) (i) the Secretary of Education determines that | <-- |
2 | compliance with subparagraph (i) paragraph (1) is likely to | <-- |
3 | cause significant harm to the operations of the school district; |
4 | (B) (ii) the Secretary of Education submits the | <-- |
5 | determination to the State Board of Education ; and |
6 | (C) (iii) the State Board of Education approves the | <-- |
7 | determination by a majority of its members. |
8 | (3) Any five administrative staff positions selected by the | <-- |
9 | board of school directors shall be exempt from the requirements |
10 | of paragraphs (1) and (2). |
11 | (c) A board of school directors may suspend professional |
12 | employes under subsection (a)(5) only if the board of school |
13 | directors adopts, at a public meeting at which an opportunity |
14 | for public comment regarding the proposed suspension has been |
15 | provided, a resolution setting forth all of the following: |
16 | (1) The reason the suspension is necessary. |
17 | (2) The number and percentage of employes to be suspended |
18 | who are assigned to provide instruction directly to students. |
19 | (3) The number and percentage of employes to be suspended |
20 | who are administrative staff. |
21 | (4) The number and percentage of positions eliminated and a |
22 | description of each position eliminated. |
23 | (5) The academic subjects, courses or electives and |
24 | nonacademic activities that will be affected by the suspension. |
25 | (6) A description of other cost-saving actions undertaken by |
26 | the school district. |
27 | (7) The measures the school district will undertake to |
28 | minimize the impact on student achievement, if any, caused by a |
29 | suspension of professional employes assigned to provide |
30 | instruction directly to students. |
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1 | (2) (d) For purposes of this subsection subsections (b) and | <-- |
2 | (c), "administrative staff" shall include, but not be limited |
3 | to, superintendents, assistant superintendents, deputy |
4 | superintendents, principals, assistant principals, supervisors, |
5 | managers, directors, coordinators and any other staff who are |
6 | not assigned to provide instruction directly to students. |
7 | (e) Nothing in this section shall be construed to limit the | <-- |
8 | causes for which a temporary professional employe may be |
9 | suspended. |
10 | Section 2. Section 1125.1 of the act, amended or added |
11 | November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, |
12 | No.117), is amended to read: |
13 | Section 1125.1. Persons to be Suspended.--(a) A board of | <-- |
14 | school directors shall exercise its discretion in suspending |
15 | professional employes under section 1124 so as to operate the |
16 | school entity in a cost-effective and educationally effective |
17 | manner. Professional employes shall be suspended under section |
18 | 1124 [(relating to causes for suspension) in inverse order of |
19 | seniority within the school entity of current employment. |
20 | Approved leaves of absence shall not constitute a break in |
21 | service for purposes of computing seniority for suspension |
22 | purposes. Seniority shall continue to accrue during suspension |
23 | and all approved leaves of absence.] based upon the school |
24 | entity's evaluation of the following factors in determining |
25 | which employes will be suspended: |
26 | (1) The professional employe's certification. |
27 | (2) The professional employe's performance, including, but |
28 | not limited to, performance under the Pennsylvania Value Added |
29 | Assessment System and local school entity performance criteria. |
30 | (3) For a professional employe who teaches subjects or grade |
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1 | levels that are not evaluated under the Pennsylvania Value Added |
2 | Assessment System, whether the professional employe meets |
3 | qualifications set forth by the school entity to teach a |
4 | particular subject or grade level. |
5 | (4) Specific qualifications set forth by the school entity. |
6 | (b) Where there is or has been a consolidation of schools, |
7 | departments or programs, all professional employes shall retain |
8 | the seniority rights they had prior to the reorganization or |
9 | consolidation. |
10 | [(c) A school entity shall realign its professional staff so |
11 | as to insure that more senior employes are provided with the |
12 | opportunity to fill positions for which they are certificated |
13 | and which are being filled by less senior employes.] |
14 | (d) (1) No suspended employe shall be prevented from |
15 | engaging in another occupation during the period of suspension. |
16 | (2) Suspended professional employes or professional employes |
17 | demoted for the reasons set forth in section 1124 shall be |
18 | reinstated on the basis of [their seniority within the school |
19 | entity. No new appointment shall be made while there is such a |
20 | suspended or demoted professional employe available who is |
21 | properly certificated to fill such vacancy.] the school entity's |
22 | evaluation of the criteria listed in subsection (a). For the |
23 | purpose of this subsection, positions from which professional |
24 | employes are on approved leaves of absence shall also be |
25 | considered temporary vacancies. |
26 | (3) To be considered available a suspended professional |
27 | employe must annually report to the governing board in writing |
28 | his current address and his intent to accept the same or similar |
29 | position when offered. |
30 | (4) A suspended employe enrolled in a college program during |
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1 | a period of suspension and who is recalled shall be given the |
2 | option of delaying his return to service until the end of the |
3 | current semester. |
4 | (e) Nothing contained in section 1125.1(a) through [(d)] (g) | <-- |
5 | shall be construed to supersede or preempt any provisions of a |
6 | collective bargaining agreement negotiated by a school entity |
7 | and an exclusive representative of the employes in accordance |
8 | with the act of July 23, 1970 (P.L.563, No.195), known as the |
9 | "Public Employe Relations Act[";]," and in effect on the |
10 | effective date of subsection (g); however, no agreement shall |
11 | prohibit the right of a professional employe who is not a member |
12 | of a bargaining unit from retaining seniority rights under the |
13 | provisions of this act. |
14 | [(f) A decision to suspend in accordance with this section |
15 | shall be considered an adjudication within the meaning of the |
16 | "Local Agency Law."] |
17 | (g) Where a professional employe is suspended under this |
18 | section, the professional employe's position shall remain vacant |
19 | for at least one year; provided, that the school entity may |
20 | reinstate at any time the professional employe who was |
21 | suspended. |
22 | Section 3. This act shall take effect in 60 days | <-- |
23 | immediately. | <-- |
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