PRINTER'S NO. 3691
No. 2746 Session of 1978
INTRODUCED BY WISE, BURNS AND MILANOVICH, SEPTEMBER 13, 1978
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 13, 1978
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 that commissioned officers
6 be given a reason in event of nonrenewal of employment and
7 extending time for notification of retention or nonrenewal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsections (b) and (c) of section 913-A, act of
11 March 10, 1949 (P.L.30, No.14), known as the "Public School Code
12 of 1949," added May 4, 1970 (P.L.311, No.102), is amended to
13 read:
14 Section 913-A. Staff.--* * *
15 (b) An executive director shall be appointed by each
16 intermediate unit board of directors for a term of four years:
17 Provided, That the initial term shall commence July 1, 1971 and
18 terminate June 30, 1974: And, provided further, however, That
19 each intermediate unit planning committee may employ an
20 executive director-elect to serve prior to July 1, 1971. An
21 executive director shall hold a commission issued by the
1 [Superintendent of Public Instruction] Secretary of Education,
2 in accordance with regulations adopted by the State Board of
3 Education. At a regular meeting of the intermediate unit board
4 of directors occurring at least three hundred days prior to the
5 expiration date of the term of office of the intermediate unit
6 director, the agenda shall include an item requiring affirmative
7 action by seven or more members of the board of directors to
8 notify the intermediate unit director that the board intends to
9 retain him for a further term of from three to five years or
10 that another or other candidates will be considered for the
11 office: Provided, That should the board notify the intermediate
12 unit director that another or other candidates will be
13 considered, the intermediate unit director shall be given, at
14 the time of notification, the reason for the nonrenewal of his
15 employment and shall be entitled to a proper review of the
16 decision in accordance with the provisions of the act of
17 December 2, 1968 (P.L.1133, No.353), known as the "Local Agency
18 Law." In the event that the board fails to take such action at a
19 regular meeting of the board of directors occurring at least
20 three hundred days prior to the expiration date of the term of
21 office of the intermediate unit director, he shall continue in
22 office for a further term of similar length to that which he is
23 serving.
24 (c) Assistant executive directors may be appointed by each
25 intermediate unit board of directors upon recommendation of the
26 executive director for a term of four years: Provided, That the
27 initial term shall commence July 1, 1971, and terminate June 30,
28 1974: And provided further, however, That each intermediate unit
29 planning committee may employ assistant executive directors-
30 elect upon recommendation of the executive director-elect to
19780H2746B3691 - 2 -
1 serve prior to July 1, 1971. An assistant executive director
2 shall hold a commission issued by the [Superintendent of Public
3 Instruction] Secretary of Education, in accordance with
4 regulations adopted by the State Board of Education. At a
5 regular meeting of the intermediate unit board of directors
6 occurring at least three hundred days prior to the expiration
7 date of the term of office of the assistant intermediate unit
8 director, the agenda shall include an item requiring affirmative
9 action by seven or more members of the board of directors to
10 notify the assistant intermediate unit director that the board
11 intends to retain him for a further term of from three to five
12 years or that another or other candidates will be considered for
13 the office: Provided, That should the board notify the assistant
14 intermediate unit director that another or other candidates will
15 be considered, the assistant intermediate unit director shall be
16 given, at the time of notification, the reason for the
17 nonrenewal of his employment and shall be entitled to a proper
18 review of the decision in accordance with the provisions of the
19 "Local Agency Law." In the event that the board fails to take
20 such action at a regular meeting of the board of directors
21 occurring at least three hundred days prior to the expiration
22 date of the term of office of the assistant intermediate unit
23 director, he shall continue in office for a further term of
24 similar length to that which he is serving.
25 * * *
26 Section 2. Subsections (a) and (b) of section 1073 and
27 section 1077 of the act, amended January 16, 1974 (P.L.1, No.1),
28 are amended to read:
29 Section 1073. Manner of Election or Approval.--(a) The
30 board of school directors of each school district, except in
19780H2746B3691 - 3 -
1 school districts of the first class, shall meet at its regular
2 place of meeting, during the last year of the term of the
3 district superintendent or at any other time when a vacancy
4 shall occur in the office of district superintendent, at an hour
5 previously fixed by the board. The secretary of each board of
6 school directors shall mail to each member thereof at least five
7 days beforehand, a notice of the time, place and purpose of such
8 meeting. At such meeting the board shall elect or approve a
9 properly qualified district superintendent to serve a term of
10 from three to five years from the first day of July next
11 following his election or from a time mutually agreed upon by
12 the duly elected district superintendent and the board of school
13 directors.
14 (b) At a regular meeting of the board of school directors
15 occurring at least [one hundred fifty (150)] three hundred (300)
16 days prior to the expiration date of the term of office of the
17 district superintendent, the agenda shall include an item
18 requiring affirmative action by five or more members of the
19 board of school directors to notify the district superintendent
20 that the board intends to retain him for a further term of from
21 three (3) to five (5) years or that another or other candidates
22 will be considered for the office: Provided, That should the
23 school board notify the district superintendent that another or
24 other candidates will be considered, the district superintendent
25 shall be given, at the time of notification, the reason for the
26 nonrenewal of his employment and shall be entitled to a proper
27 review of the decision in accordance with the provisions of the
28 act of December 2, 1968 (P.L.1133, No.353), known as the "Local
29 Agency Law." In the event that the board fails to take such
30 action at a regular meeting of the board of school directors
19780H2746B3691 - 4 -
1 occurring at least [one hundred fifty (150)] three hundred (300)
2 days prior to the expiration date of the term of office of the
3 district superintendent, he shall continue in office for a
4 further term of similar length to that which he is serving.
5 * * *
6 Section 1077. Term and Salary of Assistants.--Assistant
7 district superintendents may serve through the term of the
8 district superintendent, or enter a contract for a term of from
9 three to five years at salaries paid by the district, and fixed
10 by a majority vote of the whole board of school directors prior
11 to their election.
12 At a regular meeting of the board of school directors
13 occurring at least [one hundred fifty (150)] three hundred (300)
14 days prior to the expiration date of the term of office of the
15 assistant district superintendent, the agenda shall include an
16 item requiring affirmative action by five (5) or more members of
17 the board of school directors to notify the assistant district
18 superintendent that the board intends to retain him for a
19 further term of from three (3) to five (5) years or that another
20 or other candidates will be considered for the office: Provided,
21 That should the school board notify the assistant district
22 superintendent that another or other candidates will be
23 considered, the assistant district superintendent shall be
24 given, at the time of notification, the reason for the
25 nonrenewal of his employment and shall be entitled to a proper
26 review of the decision in accordance with the provisions of the
27 act of December 2, 1968 (P.L.1133, No.353), known as the "Local
28 Agency Law." In the event that the board fails to take such
29 action at a regular meeting of the board of school directors
30 occurring at least [one hundred fifty (150)] three hundred (300)
19780H2746B3691 - 5 -
1 days prior to the expiration date of the term of office of the
2 assistant district superintendent, he shall continue in office
3 for a further term of similar length to that which he is
4 serving.
5 Section 3. This act shall take effect immediately.
G31L24JLW/19780H2746B3691 - 6 -