PRINTER'S NO. 1694
No. 1185 Session of 2006
INTRODUCED BY HUGHES, STOUT, MELLOW, MUSTO, COSTA, FONTANA, C. WILLIAMS, STACK, KASUNIC, BOSCOLA, WASHINGTON, WOZNIAK, LOGAN, FERLO, KITCHEN AND O'PAKE, APRIL 17, 2006
REFERRED TO EDUCATION, APRIL 17, 2006
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 for payment for fees 6 associated with certification by the National Board for 7 Professional Teaching Standards. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 11 as the Public School Code of 1949, is amended by adding an 12 article to read: 13 ARTICLE XI-B 14 CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR 15 PROFESSIONAL TEACHING STANDARDS 16 Section 1101-B. Definitions. 17 The following words and phrases when used in this article 18 shall have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Department." The Department of Education of the
1 Commonwealth. 2 "Eligible teacher." A teacher who has: 3 (1) Completed three full years of teaching in a 4 Pennsylvania public school or area vocational-technical 5 school. 6 (2) Not previously received Commonwealth funds for 7 participating in any certification area of the NBPTS program. 8 (3) Not repaid any Commonwealth funds previously 9 received for the NBPTS certification process. 10 (4) Not received a waiver of repayment from the 11 Department of Education. 12 "National Board for Professional Teaching Standards" or 13 "NBPTS." The independent, nonprofit organization established in 14 1987 to establish high standards for teachers' knowledge and 15 performance and for development and operation of a national 16 voluntary system to assess and certify teachers who meet those 17 standards. 18 "Public school." A school operated by a school district or 19 an area vocational-technical school. 20 Section 1102-B. Program. 21 (a) Establishment.--A program to help defray the cost to 22 teachers of becoming certified by the National Board for 23 Professional Teaching Standards is established. 24 (b) Goal.--It is the goal of the Commonwealth to provide 25 opportunities and incentives for excellent teachers and to 26 retain them in the teaching profession. To attain this goal, the 27 Commonwealth shall support the efforts of teachers to achieve 28 national certification by providing reimbursement for approved 29 paid leave time for teachers participating in the certification 30 process and paying the assessment fee for teachers who seek to 20060S1185B1694 - 2 -
1 attain national certification from the National Board for 2 Professional Teaching Standards. 3 Section 1103-B. Payment of fees and paid leave. 4 Eligible teachers who participate in NBPTS certification 5 shall be entitled to do so without loss of pay or time. To the 6 extent funds are available, the Commonwealth shall do all of the 7 following: 8 (1) Pay the cost of NBPTS assessment fees on behalf of 9 an eligible teacher to become NBPTS certified. 10 (2) Reimburse school districts for the eligible 11 teacher's paid leave for each day the eligible teacher 12 participates in preparation for NBPTS certification, up to 13 three days. 14 Section 1104-B. Priority. 15 (a) Schools in school improvement or corrective action.-- 16 Eligible teachers who teach in schools identified as in school 17 improvement or corrective action shall receive first priority 18 for payment of assessment fees under this article. The eligible 19 teachers' districts shall also receive first priority for leave 20 reimbursement. 21 (b) Other priority.--Eligible teachers who teach mathematics 22 or science at the secondary level or who teach prekindergarten 23 through third grade shall receive second priority for payment of 24 assessment fees under this article. The eligible teachers' 25 districts shall also receive second priority for leave 26 reimbursement. 27 Section 1105-B. Duties of eligible teachers. 28 (a) Completion of process.--An eligible teacher on whose 29 behalf the assessment fee is paid shall agree to complete the 30 certification process or be subject to repayment as set forth in 20060S1185B1694 - 3 -
1 section 1106-B(a). 2 (b) Three-year commitment.--An eligible teacher on whose 3 behalf the assessment fee is paid and who receives NBPTS 4 certification shall, in addition to the requirement under 5 subsection (a), agree to teach in a Pennsylvania school for a 6 period of at least three years or be subject to repayment as set 7 forth in section 1106-B(b). Eligible teachers who receive 8 priority under section 1104-B and who receive NBPTS 9 certification shall teach in that priority class for the three- 10 year commitment period. If an eligible teacher receives priority 11 under section 1104-B(a) and the school is removed from 12 improvement or corrective action during the three-year 13 commitment period, service in the same school shall continue to 14 fulfill the requirements of this subsection. 15 Section 1106-B. Repayment. 16 (a) Failure to complete the certification process.--When an 17 eligible teacher for whom the Commonwealth has paid the 18 assessment fee fails to complete the certification process, the 19 teacher shall reimburse the Commonwealth for the amount of the 20 assessment fee. A candidate who completes the certification 21 process but is denied NBPTS certification shall not be subject 22 to repayment pursuant to this subsection. 23 (b) Failure to continue teaching.--When an eligible teacher 24 for whom the Commonwealth has paid the assessment fee fails to 25 teach in a Pennsylvania school for three consecutive years after 26 completing the certification process, the teacher shall 27 reimburse the Commonwealth for the amount of the assessment fee. 28 The teacher shall certify to the department each year that the 29 teacher is in compliance with section 1105-B(b). 30 (c) Waiver of repayment.--Upon the application of the 20060S1185B1694 - 4 -
1 eligible teacher, the department may waive the repayment 2 requirement if the department finds that the teacher was unable 3 to complete the process or continue teaching due to the illness 4 of the teacher, the death or catastrophic illness of a member of 5 the teacher's immediate family, parental leave to care for a 6 newborn or newly adopted child or other extraordinary 7 circumstances. 8 Section 1107-B. Applicability. 9 Eligible teachers who have paid NBPTS assessment fees any 10 time on or after January 1, 2006, but before the effective date 11 of this section shall be entitled to seek reimbursement from the 12 Commonwealth for the fees. Such teachers shall be subject to the 13 provisions of sections 1103-B, 1105-B and 1106-B. 14 Section 1108-B. Duties of department. 15 (a) Guidelines.--The department shall develop guidelines 16 necessary for the implementation of this article. 17 (b) Technical assistance.--To the extent funds are 18 available, the department shall provide technical assistance to 19 NBPTS applicants. The department may contract with one or more 20 institutions of higher education in order to provide technical 21 assistance. 22 Section 2. This act shall take effect immediately. C6L24MSP/20060S1185B1694 - 5 -