PRINTER'S NO. 756
No. 701 Session of 1999
INTRODUCED BY GREENLEAF, HART AND SALVATORE, MARCH 24, 1999
REFERRED TO EDUCATION, MARCH 24, 1999
AN ACT
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," providing for procedure on
6 dismissals.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1127 and 1129 of the act of March 10,
10 1949 (P.L.30, No.14), known as the Public School Code of 1949,
11 are amended to read:
12 Section 1127. Procedure on Dismissals; Charges; Notice;
13 Hearing.--(a) Any complaint which involves the dismissal of a
14 teacher for causes enumerated in section 1122 shall be filed
15 with the district superintendent who shall complete a
16 preliminary investigation of the facts of the case and shall
17 forward the complaint and any relevant findings to the school
18 board within ten (10) days.
19 (b) The school board shall decide within thirty (30) days
20 from receipt of a complaint from the district superintendent
1 whether to begin hearing proceedings.
2 (c) Before any professional employe having attained a status
3 of permanent tenure is dismissed by the board of school
4 directors, such board of school directors shall furnish such
5 professional employe with a detailed written statement of the
6 charges upon which his or her proposed dismissal is based and
7 shall conduct a hearing. A written notice signed by the
8 president and attested by the secretary of the board of school
9 directors shall be forwarded by registered mail to the
10 professional employe setting forth the time and place when and
11 where such professional employe will be given an opportunity to
12 be heard either in person or by counsel, or both, before the
13 board of school directors and setting forth a detailed statement
14 of the charges. Such hearing shall not be sooner than ten (10)
15 days nor later than fifteen (15) days after such written notice.
16 At such hearing all testimony offered, including that of
17 complainants and their witnesses, as well as that of the accused
18 professional employe and his or her witnesses, shall be recorded
19 by a competent disinterested public stenographer whose services
20 shall be furnished by the school district at its expense. Any
21 such hearing may be postponed, continued or adjourned.
22 Section 1129. Vote Required for Dismissals.--After fully
23 hearing the charges or complaints and hearing all witnesses
24 produced by the board and the person against whom the charges
25 are pending, and after full, impartial and unbiased
26 consideration thereof, the board of school directors shall by a
27 [two-thirds] majority vote of all the members thereof, to be
28 recorded by roll call, determine whether such charges or
29 complaints have been sustained and whether the evidence
30 substantiates such charges and complaints, and if so determined
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1 shall discharge such professional employe. If less than two-
2 thirds of all of the members of the board vote in favor of
3 discharge, the professional employe shall be retained and the
4 complaint shall be dismissed.
5 No member of any board of school directors shall vote on any
6 roll call if he is related as father, mother, brother, sister,
7 husband, wife, son, daughter, stepson, step-daughter,
8 grandchild, nephew, niece, first cousin, sister-in-law, brother-
9 in-law, uncle or aunt to the professional employe involved or to
10 any of the parties instituting the complaint.
11 Section 2. This act shall take effect in 60 days.
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