SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY RAPP, CLYMER, KAUFFMAN, OBERLANDER, BLOOM, CALTAGIRONE, CAUSER, COHEN, GODSHALL, GRELL, HARRIS, KRIEGER, LAWRENCE, O'NEILL, PICKETT, PYLE, READSHAW, REICHLEY, ROCK, SAYLOR, SCHRODER, SONNEY, TOOHIL, VULAKOVICH, YOUNGBLOOD, GINGRICH, MILLER, GROVE, GABLER, SWANGER, MURT AND HARHART, APRIL 25, 2011

SENATOR PICCOLA, EDUCATION, IN SENATE, AS AMENDED, JUNE 26, 2012   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for certain

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circumstances in which strikes are prohibited, for continuing

professional development and for program of continuing

professional development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1205.1 of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1205.1.  Continuing Professional Development.--* * *

(f)  Beginning on the effective date of this subsection, the

requirements under this section shall be suspended until June

30, 2013.

Section 2.  Section 1205.2(a) and (f) of the act, amended

July 13, 2005 (P.L.226, No.46) and February 2, 2006 (P.L.19,

No.5), are amended and the section is amended by adding a

subsection to read:

Section 1.  Section 1131-A of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, added

July 9, 1992 (P.L.403, No.88), is amended to read:

Section 1131-A.  Strikes Prohibited in Certain

Circumstances.--(a)  One year after a contract impasse, the

Secretary of Education may request a public hearing in the

school district of impasse. The public hearing process shall

follow the following requirements:

(1)  The hearing shall include testimony from the school

board of the district, school district administration, the

employe organization and any additional party requested by the

Secretary of Education.

(2)  The public shall have thirty (30) days to submit written

testimony. Testimony may be received from experts commenting on

the social, emotional and educational well-being of the students

in the school district.

(3)  Within ninety (90) days following the public hearing,

the Secretary of Education shall issue a report on

recommendations regarding the impasse.

(b)  A strike must cease where the parties request fact-

finding for the duration of the fact-finding. A strike must end

where the parties agree to arbitration. Strikes are prohibited:

(1)  During the period of up to ten (10) days provided for

under section 1125-A(a).

(2)  During final best-offer arbitration, including the

period of up to ten (10) days after receipt of the determination

of the arbitrators during which the governing body of the school

entity may consider the determination.

(3)  When the arbitrators' determination becomes final and

binding.

Section 2.  Sections 1205.1(f)(1) and 1205.2(a), (f) and

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(n.1) of the act, amended or added June 30, 2011 (P.L.112,

No.24), are amended to read:

Section 1205.1.  Continuing Professional Development.--* * *

(f)  (1)  Beginning on the effective date of this subsection,

the requirements under [this section] subsections (a), (b), (c),

(c.1), (c.2), (c.3), (c.4), (d) and (e) shall be suspended until

June 30, 2013.

* * *

Section 1205.2.  Program of Continuing Professional

Education.--(a)  A continuing professional education program is

hereby established for professional educators, the satisfactory

completion of which is required to maintain active

certification. Except as provided in subsection [(j.1)] (n.1),

the continuing professional education program shall require the

satisfactory completion of continuing professional education

every five (5) years, which shall include:

(1)  six (6) credits of collegiate study;

(2)  six (6) credits of continuing professional education

courses;

(3)  one hundred eighty (180) hours of continuing

professional education programs, activities or learning

experiences; or

(4)  any combination of collegiate studies, continuing

professional education courses, or other programs, activities or

learning experiences equivalent to one hundred eighty (180)

hours.

* * *

(f)  [The] Except as provided in subsection (n.1), the 

department shall annually provide a minimum of forty (40) hours

of continuing professional education courses, programs,

activities or learning experiences at no charge to professional

educators. In providing these courses, the department shall seek

to use the most efficient and cost-effective means possible,

including the use of advanced technology such as CD-ROM, the

Internet and distance communication.

* * *

(n.1)  (1)  Beginning on the effective date of this

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subsection, the requirements under subsections (a) and (f) shall

be suspended until June 30, 2013.

(2)  On July 1, 2013, each professional educator shall have

the same number of credits or hours of continuing professional

education and the same amount of time in which to complete those

credits or hours as existed for the professional educator on the

effective date of this subsection: Provided, however, That any

continuing professional education credits or hours completed by

a professional educator during the period of suspension under

this subsection shall be credited to the professional educator's

continuing professional education record.

(n.1)  (1)  Beginning on the effective date of this

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subsection, the requirements under subsections (a) and (f) shall

be suspended until June 30, 2013. During that time, the

Legislative Budget and Finance Committee shall conduct a study

of the costs and benefits of the continuing professional

education program [which]. An interim report shall be due on

November 30, 2012, and the final report shall be due on March 1,

2013. On July 1, 2013, each professional educator shall have the

same number of hours of continuing professional education and

the same amount of time in which to complete those hours as

existed for the professional educator on the effective date of

this subsection: Provided, however, That any continuing

professional education credits or hours completed by a

professional educator during the period of suspension under this

subsection shall be credited to the professional educator's

continuing professional education record.

(2)  Notwithstanding this subsection, the provisions of

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

candidates for appointment as a district superintendent or

assistant district superintendent and candidates for

administrative and vocational director certificates complete a

leadership development program that meets the Pennsylvania

school leadership standards under section 1217 shall not be

suspended.

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Section 3.  This act shall take effect in 60 days 

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immediately.

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