1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for causes for
6suspension and persons to be suspended.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1124(a) of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended June 30, 2012 (P.L.684, No.82), is amended to read:

12 Section 1124. Causes for Suspension.--(a) Any board of 
13school directors may suspend the necessary number of 
14professional employes, for any of the causes hereinafter 
15enumerated:

16(1) substantial decrease in pupil enrollment in the school
17district;

18(2) curtailment or alteration of the educational program on
19recommendation of the superintendent and on concurrence by the
20board of school directors, as a result of substantial decline in

1class or course enrollments or to conform with standards of
2organization or educational activities required by law or
3recommended by the Department of Public Instruction;

4(3) consolidation of schools, whether within a single
5district, through a merger of districts, or as a result of joint
6board agreements, when such consolidation makes it unnecessary
7to retain the full staff of professional employes; [or]

8(4) when new school districts are established as the result
9of reorganization of school districts pursuant to Article II.,
10subdivision (i) of this act, and when such reorganization makes
11it unnecessary to retain the full staff of professional
12employes[.]; or

13(5) economic reasons that require a reduction in
14professional employes.

15* * *

16Section 2. Section 1125.1 of the act, amended or added
17November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,
18No.117), is amended to read:

19Section 1125.1. Persons to be Suspended.--(a) Professional
20employes shall be suspended under section 1124 (relating to
21causes for suspension) [in inverse order of seniority within the
22school entity of current employment. Approved leaves of absence
23shall not constitute a break in service for purposes of
24computing seniority for suspension purposes. Seniority shall
25continue to accrue during suspension and all approved leaves of
26absence] based upon educational program needs, the professional 
27employe's certifications or performance evaluations set forth in 
28section 1123 of employes within the affected program areas.

29(b) Where there is or has been a consolidation of schools,
30departments or programs, all professional employes shall retain

1the seniority rights they had prior to the reorganization or
2consolidation.

3[(c) A school entity shall realign its professional staff so
4as to insure that more senior employes are provided with the
5opportunity to fill positions for which they are certificated
6and which are being filled by less senior employes.]

7(d) (1) No suspended employe shall be prevented from
8engaging in another occupation during the period of suspension.

9(2) Suspended professional employes or professional employes
10demoted for the reasons set forth in section 1124 shall be
11reinstated on the basis of their qualification to teach a 
12particular subject or grade level or to hold a particular 
13position, followed next by their seniority within the school
14entity. No new appointment shall be made while there is such a
15suspended or demoted professional employe available who is
16properly certificated to fill such vacancy. For the purpose of
17this subsection, positions from which professional employes are
18on approved leaves of absence shall also be considered temporary
19vacancies.

20(3) To be considered available a suspended professional
21employe must annually report to the governing board in writing
22his current address and his intent to accept the same or similar
23position when offered.

24(4) A suspended employe enrolled in a college program during
25a period of suspension and who is recalled shall be given the
26option of delaying his return to service until the end of the
27current semester.

28(d.1) Nothing in this section shall be construed to limit 
29the causes for which a temporary professional employe may be 
30suspended.

1(e) Nothing contained in section 1125.1(a) through (d) shall
2be construed to supersede or preempt any provisions of a
3collective bargaining agreement negotiated by a school entity
4and an exclusive representative of the employes in accordance
5with the act of July 23, 1970 (P.L.563, No.195), known as the
6"Public Employe Relations Act"; however, no agreement shall
7prohibit the right of a professional employe who is not a member
8of a bargaining unit from retaining seniority rights under the
9provisions of this act.

10[(f) A decision to suspend in accordance with this section
11shall be considered an adjudication within the meaning of the
12"Local Agency Law."]

13(f.1) A collective bargaining agreement for professional
14employes entered into after the effective date of this
15subsection shall not include provisions prohibiting suspension
16of professional employes for economic reasons pursuant to
17section 1124(a)(5).

18Section 3. This act shall take effect immediately.