THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA AND DINNIMAN, JUNE 3, 2011

REFERRED TO EDUCATION, JUNE 3, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in professional employees, further

providing for rating system.

The General Assembly finds that:

(1)  Quality classroom teachers are critical to the

success of this Commonwealth's school system, to the

education of children and to the development of a well-

educated and capable work force.

(2)  It is imperative that this Commonwealth have in

place a thorough and effective means of evaluating and rating

the quality of classroom teachers.

(3)  For a teacher evaluation and rating system to be

thorough and effective, it is essential that the system

include student performance as an element in measuring

teacher quality.

(4)  This Commonwealth's existing system for evaluating

and rating the quality of classroom teachers requires

updating to include student performance as a factor to be

considered in measuring teacher quality.

(5)  This act is intended to allow the Department of

Education to begin its work of revising this Commonwealth's

teacher evaluation and rating system, with the expectation

that future enactments will provide for new methods and

criteria for teacher evaluation and rating in greater detail.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1123 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended March 29, 1996 (P.L.47, No.16), is amended to read:

Section 1123.  Rating System.--

(a)  (1)  In determining whether a professional employe shall

be dismissed for incompetency or unsatisfactory teaching

performance as provided for in section 1122(a) of this act, and

in rating the services of a temporary professional employe, the

professional employe or temporary professional employe shall be

rated by an approved rating system which shall give due

consideration to personality, preparation, technique[,] and

pupil reaction, in accordance with standards and regulations for

such scoring as defined by rating cards to be prepared by the

Department of Education, and to be revised, from time to time,

by the Department of Education with the cooperation and advice

of a committee appointed by the Secretary of Education,

including representation from district superintendents of

schools, classroom teachers, school directors, school

supervisors, parents of school-age children enrolled in a public

school, a representative from a college or department of

education within a higher education institution located within

this Commonwealth, and such other groups or interests as the

Secretary of Education may deem appropriate.

(2)  In addition to the factors enumerated in paragraph (1),

the rating shall also give due consideration to student

performance.

(3)  Rating shall be done by or under the supervision of the

superintendent of schools or, if so directed by him, the same

may be done by an assistant superintendent, a supervisor, or a

principal, who has supervision over the work of the professional

employe or temporary professional employe who is being rated:

Provided, That no unsatisfactory rating shall be valid unless

approved by the district superintendent.

(b)  (1)  Notwithstanding the process for revising rating

cards under subsection (a), the Department of Education shall

revise and implement the use of rating cards in conformity with

the provisions of subsection (a) relating to consideration of

student performance by not later than January 1, 2012. In

revising rating cards under this paragraph, the Department of

Education shall consult with classroom teachers, school

administrators, parents of school-age children enrolled in a

public school, school board members and representatives of

institutions of higher education.

(2)  The Department of Education shall provide periodic

reports to the chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority chairman

of the Education Committee of the House of Representatives

describing the status of the revision of rating cards under

paragraph (1). Periodic reports required under this paragraph

shall be due on September 1, 2011, November 1, 2011, and January

1, 2012. The periodic report due on September 1, 2011, shall

include a proposal by the Department of Education for a

comprehensive revision of the professional employe rating

system.

(c)  Upon implementation of the revised rating cards

described in this section, the rating form contained in 22 Pa.

Code Ch. 351 (relating to teacher tenure hearings) and any

alternative rating forms approved pursuant to 22 Pa. Code Ch.

351 shall be null and void.

(d)  The provisions of subsections (a)(2), (b) and (c) shall

expire June 30, 2012.

Section 2.  This act shall take effect in 60 days.