PRIOR PRINTER'S NO. 3406 PRINTER'S NO. 3577
No. 2564 Session of 1978
INTRODUCED BY MESSRS. GALLAGHER AND PANCOAST, JUNE 13, 1978
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 11, 1978
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," adding positions in the
14 Department of Education.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Subclause (7) of clause (d) of section 3, act of
18 August 5, 1941 (P.L.752, No.286), known as the "Civil Service
19 Act," amended August 27, 1963 (P.L.1257, No.520), is amended to
20 read:
21 Section 3. Definition of Terms.--In this act, unless the
22 context otherwise clearly requires,--
23 * * *
24 (d) "Classified service" includes:
1 * * *
2 (7) All positions now existing or hereafter created in the
3 Department of [Public Instruction] Education, excluding the
4 presidents, faculty members and student employes of the State
5 colleges, the heads and faculty members of the department's
6 other educational institutions and excluding also county
7 superintendents, assistant county superintendents and
8 supervisors of special education;
9 * * *
10 Section 2. (a) The following positions and incumbents
11 occupying positions in the following programs are hereby placed
12 in the Department of Education:
13 (1) Coordination and Outreach Network for the Needs of <--
14 Exceptional Children;
15 (2) Corrections Education;
16 (3) Curriculum Services;
17 (4) Media Van;
18 (5) Pennsylvania Career Scripts;
19 (6) Pennsylvania Guidance Services Center;
20 (7) Pennsylvania Resources and Information Center for
21 Special Education;
22 (8) Research and Information Services for Education;
23 (9) (1) Right to Education; HARRISBURG-CENTRAL OFFICE STAFF; <--
24 (10) (2) Vocational Education Assistance; <--
25 (11) (3) Vocational Education Management Information <--
26 Systems.
27 (b) The incumbents of these positions shall be governed by
28 all of the appropriate personnel rules, regulations, and
29 policies as other Department of Education employes. The
30 incumbents of these positions, however, shall not be required to
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1 participate in open, competitive examinations, but shall be
2 eligible to participate in qualifying examinations to be defined
3 and applied as stated in the civil service rules. The qualifying
4 examinations shall be administered to all incumbents within nine
5 months from the effective date of this act. If an incumbent is
6 not given the opportunity to participate in a qualifying
7 examination within that time period, he or she shall be granted
8 probationary civil service status. The positions placed in the
9 Department of Education in accordance with this act shall be
10 reviewed to determine their proper placement within the
11 Commonwealth's classification and pay plans. This classification
12 review and determinations on the proper classification for all
13 positions shall be accomplished within three months from the
14 effective date of this act. The salary of the incumbents of
15 these positions shall not in any case be reduced as the result
16 of such classification determinations. If the current salary of
17 such an incumbent exceeds the maximum salary for the class to
18 which he or she is placed, the incumbent shall retain his or her
19 salary even though it is above the maximum step for that class.
20 An incumbent is a person who occupies a position in a program
21 contained in subsection (a) on the effective date of this act or
22 within 30 days after the effective date of this act. The
23 incumbents shall be placed on the Department of Education's
24 payroll upon completion of the classification determination of
25 their positions, and granted provisional civil service status
26 until completion of the requirements of their respective
27 qualifying examinations. All such incumbents, however, shall be
28 placed on the Department of Education's payroll no later than
29 three months from the effective date of this act.
30 Section 3. This act shall take effect immediately.
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