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| PRIOR PRINTER'S NOS. 615, 974, 1135, 1188 | PRINTER'S NO. 1209 |
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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, BROWNE, MENSCH AND YAW, FEBRUARY 18, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, MAY 10, 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) In the case of a suspension under subsection (a)(5), the |
20 | following shall apply to any suspension of a professional |
21 | employe assigned to provide instruction directly to students: |
22 | (1) 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 | (2) The Secretary of Education may grant a board of school |
28 | directors a waiver of paragraph (1) if the following apply: |
29 | (i) the Secretary of Education determines that compliance |
30 | with paragraph (1) is likely to cause significant harm to the |
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1 | operations of the school district; |
2 | (ii) the Secretary of Education submits the determination to |
3 | the State Board of Education; and |
4 | (iii) the State Board of Education approves the |
5 | determination by a majority of its members. |
6 | (3) Any five three administrative staff positions selected | <-- |
7 | by the board of school directors shall be exempt from the |
8 | requirements of paragraphs (1) and (2). |
9 | (c) A board of school directors may suspend professional |
10 | employes under subsection (a)(5) only if the board of school |
11 | directors adopts, at a public meeting at which an opportunity |
12 | for public comment regarding the proposed suspension has been |
13 | provided, a resolution setting forth all of the following: |
14 | (1) The reason the suspension is necessary. |
15 | (2) The number and percentage of employes to be suspended |
16 | who are assigned to provide instruction directly to students. |
17 | (3) The number and percentage of employes to be suspended |
18 | who are administrative staff. |
19 | (4) The number and percentage of positions eliminated and a |
20 | description of each position eliminated. |
21 | (5) The academic subjects, courses or electives and |
22 | nonacademic activities that will be affected by the suspension. |
23 | (6) A description of other cost-saving actions undertaken by |
24 | the school district. |
25 | (7) The measures the school district will undertake to |
26 | minimize the impact on student achievement, if any, caused by a |
27 | suspension of professional employes assigned to provide |
28 | instruction directly to students. |
29 | (d) For purposes of subsections (b) and (c), "administrative |
30 | staff" shall include, but not be limited to, superintendents, |
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1 | assistant superintendents, deputy superintendents, principals, |
2 | assistant principals, supervisors, managers, directors, and | <-- |
3 | coordinators and any other staff who are not assigned to provide | <-- |
4 | instruction directly to students. |
5 | (e) Nothing in this section shall be construed to limit the |
6 | causes for which a temporary professional employe may be |
7 | suspended. |
8 | (f) Following the 2015-2016 school year, the Department of | <-- |
9 | Education shall conduct a study of the effectiveness of the |
10 | provisions of subsections (a)(5), (b), (c) and (d) and section |
11 | 1125.1 and shall deliver a written report of its findings, |
12 | including any recommendations for changes to subsections (a)(5), |
13 | (b), (c) and (d) and section 1125.1, to the Governor, the |
14 | chairman and minority chairman of the Education Committee of the |
15 | Senate and the chairman and minority chairman of the Education |
16 | Committee of the House of Representatives by December 31, 2016. |
17 | Section 2. Section 1125.1 of the act, amended or added |
18 | November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, |
19 | No.117), is amended to read: |
20 | Section 1125.1. Persons to be Suspended.--(a) A board of | <-- |
21 | school directors shall exercise its discretion in suspending |
22 | professional employes under section 1124 so as to operate the |
23 | school entity in a cost-effective and educationally effective |
24 | manner. Professional employes shall be suspended under section |
25 | 1124 [(relating to causes for suspension) in inverse order of | <-- |
26 | seniority within the school entity of current employment, except | <-- |
27 | as provided under subsection (a.1). Approved leaves of absence |
28 | shall not constitute a break in service for purposes of |
29 | computing seniority for suspension purposes. Seniority shall |
30 | continue to accrue during suspension and all approved leaves of |
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1 | absence.] based upon the school entity's evaluation of the | <-- |
2 | following factors in determining which employes will be |
3 | suspended: |
4 | (1) The professional employe's certification. |
5 | (2) The professional employe's performance, including, but |
6 | not limited to, performance under the Pennsylvania Value Added |
7 | Assessment System and local school entity performance criteria. |
8 | (3) For a professional employe who teaches subjects or grade |
9 | levels that are not evaluated under the Pennsylvania Value Added |
10 | Assessment System, whether the professional employe meets |
11 | qualifications set forth by the school entity to teach a |
12 | particular subject or grade level. |
13 | (4) Specific qualifications set forth by the school entity. |
14 | (a.1) For professional employes suspended under section | <-- |
15 | 1124(a)(5), a board of school directors may suspend without |
16 | regard to seniority a professional employe whose two most recent |
17 | consecutive performance ratings issued under section 1123 were |
18 | unsatisfactory if the professional employe had an opportunity to |
19 | complete a performance improvement plan prior to the most recent |
20 | unsatisfactory rating. |
21 | (b) Where there is or has been a consolidation of schools, |
22 | departments or programs, all professional employes shall retain |
23 | the seniority rights they had prior to the reorganization or |
24 | consolidation. |
25 | [(c) [A] Except as otherwise provided under subsection | <-- |
26 | (a.1), a school entity shall realign its professional staff so |
27 | as to insure that more senior employes are provided with the |
28 | opportunity to fill positions for which they are certificated |
29 | and which are being filled by less senior employes.] | <-- |
30 | (d) (1) No suspended employe shall be prevented from |
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1 | engaging in another occupation during the period of suspension. |
2 | (2) Suspended professional employes or professional employes |
3 | demoted for the reasons set forth in section 1124 1124(a)(1), | <-- |
4 | (2), (3) and (4) shall be reinstated on the basis of [their | <-- |
5 | seniority within the school entity. No new appointment shall be |
6 | made while there is such a suspended or demoted professional |
7 | employe available who is properly certificated to fill such |
8 | vacancy.] the school entity's evaluation of the criteria listed | <-- |
9 | in subsection (a). For the purpose of this subsection, positions |
10 | from which professional employes are on approved leaves of |
11 | absence shall also be considered temporary vacancies. |
12 | Professional employes suspended for the reasons set forth under | <-- |
13 | section 1124(a)(5) may be reinstated. |
14 | (3) To be considered available a suspended professional |
15 | employe must annually report to the governing board in writing |
16 | his current address and his intent to accept the same or similar |
17 | position when offered. |
18 | (4) A suspended employe enrolled in a college program during |
19 | a period of suspension and who is recalled shall be given the |
20 | option of delaying his return to service until the end of the |
21 | current semester. |
22 | (e) Nothing contained in section 1125.1(a) through [(d)] (g) |
23 | shall be construed to supersede or preempt any provisions of a |
24 | collective bargaining agreement negotiated by a school entity |
25 | and an exclusive representative of the employes in accordance |
26 | with the act of July 23, 1970 (P.L.563, No.195), known as the |
27 | "Public Employe Relations Act[";]," and in effect on the |
28 | effective date of subsection (g); however, no agreement shall |
29 | prohibit the right of a professional employe who is not a member |
30 | of a bargaining unit from retaining seniority rights under the |
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1 | provisions of this act. |
2 | [(f) A decision to suspend in accordance with this section | <-- |
3 | shall be considered an adjudication within the meaning of the |
4 | "Local Agency Law."] | <-- |
5 | (g) Where a professional employe is suspended under this |
6 | section, the professional employe's position shall remain vacant |
7 | for at least one year; provided, that the school entity may |
8 | reinstate at any time the professional employe who was |
9 | suspended. |
10 | Section 3. This act shall take effect immediately. |
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