PRIOR PRINTER'S NO. 2764 PRINTER'S NO. 2801
No. 2100 Session of 1998
INTRODUCED BY STAIRS, COWELL, SCHULER, HERMAN, FLICK, STEVENSON,
NAILOR, SANTONI, MUNDY, STEELMAN, BATTISTO, ROEBUCK, CURRY,
C. WILLIAMS, GORDNER, TIGUE, DeWEESE, MICOZZIE, DeLUCA,
YOUNGBLOOD, ITKIN, STABACK, ROSS, BELFANTI, SATHER, HALUSKA,
DALLY, LAUGHLIN, VAN HORNE, D. W. SNYDER, FARGO, HENNESSEY,
E. Z. TAYLOR, B. SMITH, MANDERINO, MELIO AND RAMOS,
JANUARY 20, 1998
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 22, 1998
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," further providing for continuing
6 professional development and a program for continuing
7 professional education.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1205.1 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended or added December 15, 1986 (P.L.1602, No.178) and March
13 30, 1988 (P.L.321, No.43), is amended to read:
14 Section 1205.1. Continuing Professional Development.--(a)
15 By January 1, 1989, every school district, joint school
16 district, intermediate unit and area vocational-technical school
17 shall submit to the Secretary of Education for approval a
1 continuing professional development plan, developed pursuant to
2 the provisions of subsection (b) and including, at a minimum,
3 the elements provided for in subsection (c). The secretary shall
4 determine approximately one-third of the school districts, joint
5 school districts, intermediate units and area vocational-
6 technical schools which shall submit two-year plans, one-third
7 which shall submit three-year plans and one-third which shall
8 submit four-year plans by January 1, 1989. Thereafter, upon the
9 expiration of the existing professional development plan, each
10 school district, joint school district, intermediate unit [and],
11 area vocational-technical school and charter school shall submit
12 to the secretary for approval a [two-year] professional
13 development plan according to an implementation schedule
14 developed by the secretary.
15 (b) The professional development plan provided for in
16 subsection (a) shall be prepared by a committee consisting of
17 teacher representatives chosen by the teachers, educational
18 specialist representatives chosen by educational specialists and
19 administrative representatives chosen by the administrative
20 personnel of the school district, joint school district,
21 intermediate unit [or], area vocational-technical school or the
22 charter school and shall then be approved by the board of
23 directors or the charter school board of trustees prior to
24 submission to the secretary for approval. The secretary may
25 specify the time at which and the form in which such plans are
26 to be submitted. The State Board of Education shall promulgate
27 regulations, subject to the act of June 25, 1982 (P.L.633,
28 No.181), known as the "Regulatory Review Act," establishing the
29 minimal content of such plans. The provisions of section 2552
30 shall apply to any school district, joint school district,
19980H2100B2801 - 2 -
1 intermediate unit or area vocational-technical school failing to
2 comply with the provisions of this section.
3 (c) The professional development plan of each school
4 district, joint school district, intermediate unit [and], area
5 vocational-technical school or charter school as provided for in
6 section 1719-A(13) shall be designed to meet the educational
7 needs of that school entity and its professional employes. Each
8 plan shall include options for professional development [and for
9 fulfilling the professional development requirements of
10 subsection (d), including activities such as professionally
11 related graduate level coursework, obtaining a professionally
12 related master's degree, Department of Education approved
13 inservice courses, curriculum development work, attendance at
14 professional conferences and supervised classroom observations
15 of other professional employes. In its professional development
16 plan, a school district, joint school district, intermediate
17 unit or area vocational-technical school may provide for
18 undertaking joint or cooperative professional development
19 activities with another school entity or an institution of
20 higher education.] which shall specify the continuing
21 professional education collegiate studies, courses or activities
22 and learning experiences approved for continuing professional
23 education under section 1205.2(a)(2)(iv), provided that the plan
24 specifies the professional development need met by completion of
25 each continuing professional education option and its relevance
26 to areas of assignment or certification. Such options may
27 include, but shall not be limited to:
28 (1) collegiate studies;
29 (2) continuing professional education courses;
30 (3) curriculum development work and other program design and
19980H2100B2801 - 3 -
1 delivery activities;
2 (4) participation in professional conferences and workshops;
3 and
4 (5) supervised classroom observation and critiques of or
5 consultations with other professional employes.
6 In its professional development plan, a school district, joint
7 school district, intermediate unit, area vocational-technical
8 school or charter school may provide for undertaking joint or
9 cooperative professional development activities with another
10 school entity or charter school or an institution of higher
11 education.
12 [(d) All professional employes of school districts, joint
13 school districts, intermediate units or area vocational-
14 technical schools receiving their initial Pennsylvania teaching
15 or administrative certification, as provided for in this
16 article, on or after June 1, 1987, shall be required at least
17 once during every five-year period, commencing upon receipt of a
18 permanent teaching certificate or an initial administrative
19 certificate, to participate in professional development activity
20 pursuant to the professional development plan of that
21 professional employe's school district, joint school district,
22 intermediate unit or area vocational-technical school. A
23 professional employe who obtains a professionally related
24 master's degree shall be deemed to have complied permanently
25 with the provisions of this subsection. The chief school
26 administrator of every school district, joint school district,
27 intermediate unit and area vocational-technical school shall
28 certify annually to the secretary the names of professional
29 employes who have received their initial Pennsylvania teaching
30 or administrative certification on or after June 1, 1987, and
19980H2100B2801 - 4 -
1 the professional development activities in which these employes
2 have participated. The certification shall be made at such time
3 and in such form as the secretary may require.
4 (e) The provisions of State Board of Education regulations
5 in 22 Pa. Code § 49.17(a) and (b), promulgated September 13,
6 1984, are hereby specifically declared to be contrary to the
7 provisions of this section and therefore null and void. Nothing
8 in this section shall be deemed to affect the provisions of 22
9 Pa. Code § 49.17(c), (d) and (e).]
10 Section 2. The act is amended by adding a section to read:
11 Section 1205.2. Program for Continuing Professional
12 Education.--(a) A continuing professional education program is
13 hereby established for educators in this Commonwealth. The
14 program shall be established and administered by the Department
15 of Education and shall contain the following elements:
16 (1) Satisfactory completion of one hundred eighty (180)
17 hours of continuing professional education every five (5) years,
18 which shall include any combination of the following:
19 (i) six (6) credits of collegiate study;
20 (ii) six (6) credits of continuing professional education
21 courses; or
22 (iii) one hundred eighty (180) hours of continuing
23 professional education activities and learning experiences. For
24 the purposes of calculating hours and credits of continuing
25 professional education, one credit of collegiate studies or
26 continuing professional education courses shall be equivalent to
27 thirty (30) contact hours of continuing professional education
28 activities and learning experiences.
29 (2) The hours of continuing professional education set forth
30 in clause (1) shall be satisfied by any of the following:
19980H2100B2801 - 5 -
1 (i) Successful completion of credits of collegiate studies
2 in programs or courses related to any area of an educator's
3 assignment or certification conducted at institutions of higher
4 education approved by the department to provide continuing
5 professional education collegiate studies.
6 (ii) Successful completion of credits of continuing
7 professional education courses related to any area of the
8 educator's assignment or certification and provided by an
9 approved provider.
10 (iii) Successful completion of credits or hours of
11 continuing professional education activities and learning
12 experiences related to any area of an educator's assignment or
13 certification and provided by the Department of Education or by
14 an approved provider or the educator's school entity or charter
15 school.
16 (iv) Successful completion of credits or hours completed in
17 any collegiate studies, continuing professional education
18 courses or continuing professional education activities and
19 learning experiences included in the professional development
20 plan of the educator's entity approved pursuant to section
21 1205.1(c).
22 (v) Successful completion of hours or credits not included
23 in subclauses (i) through (iv) which have the approval of the
24 school entity's chief administrator, the professional
25 development committee referenced in section 1205.1(b) and the
26 local board of school directors or charter school board of
27 trustees. If any of the approving authorities does not approve,
28 the credits or hours not approved shall not be included toward
29 the educator's fulfillment of this requirement.
30 (3) (i) Credits and hours offered by providers of
19980H2100B2801 - 6 -
1 continuing professional education shall be of high quality and
2 designed to significantly advance the goals of improving and
3 updating the professional skills of educators in this
4 Commonwealth and improving the opportunities to convey knowledge
5 to Pennsylvania's school students.
6 (ii) The Department of Education shall provide guidelines <--
7 and criteria to be used in the approval of all approved HAVE THE <--
8 SOLE AUTHORITY TO APPROVE ALL providers of collegiate studies,
9 continuing professional education courses and continuing
10 professional education activities and learning experiences BASED <--
11 ON GUIDELINES DEVELOPED FOR THIS PURPOSE, in order to assure the
12 accomplishment of the goals in subclause (i). Approval shall be
13 granted for individual courses or for a series of courses, shall
14 be given for such a period of time as the Department of
15 Education shall prescribe and shall designate the area or type
16 of certification to which the approved collegiate study,
17 continuing professional education course or continuing
18 professional education activity and learning experience is
19 relevant.
20 (iii) The Department of Education shall approve sufficient
21 providers to assure that continuing professional education is
22 available to all educators at convenient locations throughout
23 this Commonwealth and at a reasonable cost.
24 (4) (i) The Department of Education shall provide annually
25 for a minimum of six (6) credits of continuing professional
26 education courses involving subjects determined by the
27 department to be of significant Statewide importance to
28 Pennsylvania's educators and free of any tuition cost to the
29 educator.
30 (ii) Any continuing professional education credits or hours
19980H2100B2801 - 7 -
1 provided by an educator's entity or charter school and required
2 as a condition of continued employment shall be provided free of
3 any tuition cost to the educator.
4 (b) (1) All educators who wish to be employed in a school
5 entity or charter school in this Commonwealth shall participate
6 in the program.
7 (2) (i) The Secretary of Education shall notify in writing
8 any educator who fails to comply with the provisions of this
9 section and the chief administrator of the educator's school
10 entity or charter school that the educator's certification is
11 inactive.
12 (ii) In the case of an educator who has not complied with
13 the provisions of this section and who is certified but not
14 employed by a school entity or charter school, the Secretary of
15 Education shall notify the educator in writing that the
16 educator's certification is inactive.
17 (iii) Whenever an educator of a charter school does not
18 comply with the provisions of this section and does not hold
19 certification, the Secretary of Education shall notify the
20 educator and the chief administrator of the charter school that
21 the educator may not be employed by the charter school as an
22 educator.
23 (iv) An educator shall be entitled to notice and an
24 opportunity to be heard pursuant to 2 Pa.C.S. Chs. 5 (relating
25 to practice and procedure) and 7 (relating to judicial review)
26 prior to determination under subclauses (i) through (iii).
27 (v) The Secretary of Education shall issue a notification
28 reinstating active certification upon a showing of compliance
29 with this section by the educator.
30 (3) The board, by regulation, shall establish a procedure
19980H2100B2801 - 8 -
1 and criteria for granting an extension to fulfill the
2 requirements of this section due to extenuating circumstances.
3 (4) (i) Educators certified in this Commonwealth who are
4 not employed by a Commonwealth school entity as a professional
5 or temporary professional employe or as a professional staff
6 member in a charter school in this Commonwealth may apply to the
7 Department of Education for inactive certification.
8 (ii) Inactive certification shall act to suspend the
9 requirements of this section until inactive certification is
10 removed. Upon removal of inactive certification, an educator
11 shall have the same number of continuing professional education
12 hours to complete and the same amount of time in which to
13 complete those hours as existed for the educator at the time
14 inactive certification was granted, provided, that additional
15 hours completed pursuant to subclause (iii) shall be included as
16 continuing professional education hours needed for fulfillment
17 of the requirement of this section.
18 (iii) The Department of Education shall remove inactive
19 certification upon application by the educator and upon evidence
20 of completion of thirty (30) hours of continuing professional
21 education within the previous twelve (12) month period.
22 (5) No educator with inactive certification shall be
23 employed by a school entity as a professional or temporary
24 professional employe or by a charter school as a professional
25 staff member.
26 (c) (1) The Department of Education shall establish and
27 maintain a system of reporting and recordkeeping for all
28 continuing professional education. The system shall include
29 mandatory reporting to the department by school entities,
30 charter schools, approved providers and institutions of higher
19980H2100B2801 - 9 -
1 education for all educators who have completed continuing
2 professional education provided by the school entity, charter
3 school, approved provider or institution of higher education.
4 (2) The Department of Education shall develop a procedure
5 for prompt identification and notification of educators who have
6 not met the requirements of this section and shall afford any
7 educator reasonable opportunity to access all reports and
8 records relating to that educator's continuing professional
9 education. No later than twelve (12) months prior to the end of
10 an educator's compliance period to comply with the requirements <--
11 of this section, the Secretary of Education shall provide to the
12 educator written notice of the educator's recorded credits and
13 hours.
14 (3) The Secretary of Education shall submit an annual report
15 to the chairman and minority chairman of the Appropriations
16 Committee and chairman and minority chairman of the Education
17 Committee of the Senate and the chairman and minority chairman
18 of the Appropriations Committee and the chairman and minority
19 chairman of the EDUCATION COMMITTEE OF THE House of <--
20 Representatives. The report shall include information concerning
21 the continuing professional education offered by the Department
22 of Education as required under this act, including, but not
23 limited to, the locations in which the continuing professional
24 education was offered; the number of participants in each
25 offering; the cost to the department of providing continuing
26 professional education; a list of the approved providers of
27 continuing professional education according to this section; the
28 number, identification and status of plans submitted under
29 section 1205.1, the number of educators in each compliance
30 period who have met the continuing professional education
19980H2100B2801 - 10 -
1 requirements of this section and the number of educators in each
2 compliance period who have not met the continuing professional
3 education requirements of this section.
4 (d) The General Assembly shall appropriate funding for the
5 administration of the program by the Department of Education. In
6 addition, the costs of administering the program by the
7 department shall be financed by the following fees and
8 assessments adopted and collected by the department:
9 (1) A reasonable fee from all approved providers and
10 institutions of higher education for each continuing
11 professional education credit or hour offered; provided, that no
12 fee shall be assessed against school entities and charter
13 schools which provide credits or hours pursuant to subsection
14 (a)(4)(ii).
15 (2) A reasonable assessment from professional educators
16 whenever a certification is initially issued, amended or
17 modified. For purposes of this clause, amendment or modification
18 of a certification shall not include change in name or address
19 or compliance with the requirements of this section.
20 (e) The board shall promulgate such rules and regulations as
21 are necessary to administer and enforce this section.
22 (f) As used in this section, the following words and phrases
23 shall have the following meanings:
24 "Approved provider" shall mean any institution of higher
25 education, school entity, Commonwealth agency, corporation,
26 partnership, association or other entity approved by the
27 Department of Education to offer collegiate studies, continuing
28 professional education courses or continuing professional
29 education activities and learning experiences.
30 "Area of educator's assignment or certification" shall mean
19980H2100B2801 - 11 -
1 any component of the education profession as it relates to the
2 current job title or description of the educator or to any area
3 of certification listed on the educator's Pennsylvania
4 certification or to any type of certificate or endorsement held
5 by the educator.
6 "Board" shall mean the State Board of Education of the
7 Commonwealth.
8 "Charter school" shall mean a charter school or regional
9 charter school as defined in section 1703-A.
10 "Collegiate studies" shall mean a formal program or course of
11 study at an institution of higher education leading to the award
12 of academic credit.
13 "Compliance period" shall mean the five (5) year period in
14 which an educator must comply with the requirements of this act.
15 "Continuing professional education courses" shall mean
16 courses for credit, other than collegiate studies, conducted by
17 approved providers.
18 "Educator" shall mean any professional educator who holds a
19 Pennsylvania teaching, educational specialist or administrative <--
20 certification, and any professional staff member of a charter
21 school who does not hold appropriate State certification.
22 "Program" shall mean the continuing professional education
23 program established in this section.
24 "School entity" shall mean a school district, an intermediate
25 unit, a joint school district, an area vocational-technical
26 school, the Scotland School for Veterans' Children, the Scranton
27 School for the Deaf and the Thaddeus Stevens State College of
28 Technology or any of these acting jointly.
29 Section 3. This act shall take effect immediately.
A14L24RZ/19980H2100B2801 - 12 -