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| PRIOR PRINTER'S NOS. 615, 974 | PRINTER'S NO. 1135 |
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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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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MAY 2, 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, added | <-- |
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 |
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1 | recommendation of the superintendent, concurred in by the board |
2 | of school directors, approved by the Department of [Public |
3 | Instruction] Education, as a result of substantial decline in |
4 | class or course enrollments or to conform with standards of |
5 | organization or educational activities required by law or |
6 | recommended by the Department of [Public Instruction] Education; |
7 | (3) Consolidation of schools, whether within a single |
8 | district, through a merger of districts, or as a result of joint |
9 | board agreements, when such consolidation makes it unnecessary |
10 | to retain the full staff of professional employes. |
11 | (4) When new school districts are established as the result |
12 | of reorganization of school districts pursuant to Article II., |
13 | subdivision (i) of this act, and when such reorganization makes |
14 | it unnecessary to retain the full staff of professional |
15 | employes. |
16 | (5) Economic reasons, as part of a plan to reduce or control |
17 | school district costs. A school district may not use costs as |
18 | the sole factor in determining which professional employes to |
19 | suspend. |
20 | (b) (1) The following shall apply to any suspension of a |
21 | professional employe assigned to provide instruction directly to |
22 | students: |
23 | (i) A board of school directors may suspend the necessary |
24 | number of professional employes assigned to provide instruction |
25 | directly to students only if the board of school directors also |
26 | suspends at least an equal percentage proportion of |
27 | administrative staff. |
28 | (ii) The Secretary of Education may grant a board of school |
29 | directors a waiver of subparagraph (i) if the following apply: | <-- |
30 | (A) the Secretary of Education determines that compliance |
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1 | with subparagraph (i) is likely to cause significant harm to the |
2 | operations of the school district,; | <-- |
3 | (B) the Secretary of Education submits the determination to |
4 | the State Board of Education and; and | <-- |
5 | (C) the State Board of Education approves the determination |
6 | by a majority of its members. |
7 | (2) For purposes of this subsection, "administrative staff" |
8 | shall include, but not be limited to, superintendents, assistant |
9 | superintendents, deputy superintendents, principals, assistant |
10 | principals, supervisors, managers, directors, coordinators and |
11 | any other staff who are not assigned to provide instruction |
12 | directly to students. |
13 | Section 2. Section 1125.1 of the act, amended or added |
14 | November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, |
15 | No.117), is amended to read: |
16 | Section 1125.1. Persons to be Suspended.--(a) Professional |
17 | employes shall be suspended under section 1124 [(relating to |
18 | causes for suspension) in inverse order of seniority within the |
19 | school entity of current employment. Approved leaves of absence |
20 | shall not constitute a break in service for purposes of |
21 | computing seniority for suspension purposes. Seniority shall |
22 | continue to accrue during suspension and all approved leaves of |
23 | absence.] based upon the school entity's evaluation of the |
24 | following factors in determining which employes will be |
25 | 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) shall |
5 | 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. |
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