1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for causes for
6suspension and for persons to be suspended.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1124 of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended June 30, 2012 (P.L.684, No.82), is amended to read:

12Section 1124. Causes for Suspension.--(a) Any board of
13school directors may suspend the necessary number of
14professional employes, for any of the causes hereinafter
15enumerated:

16(1) substantial decrease in pupil enrollment in the school
17district;

18(2) curtailment or alteration of the educational program on
19recommendation of the superintendent and on concurrence by the

1board of school directors, as a result of substantial decline in
2class or course enrollments or to conform with standards of
3organization or educational activities required by law or
4recommended by the Department of [Public Instruction] Education;

5(3) consolidation of schools, whether within a single
6district, through a merger of districts, or as a result of joint
7board agreements, when such consolidation makes it unnecessary
8to retain the full staff of professional employes; [or]

9(4) when new school districts are established as the result
10of reorganization of school districts pursuant to Article II.,
11subdivision (i) of this act, and when such reorganization makes
12it unnecessary to retain the full staff of professional
13employes[.]; or

14(5) economic reasons, as part of a plan to reduce or control
15school district costs.

16A school district may not use costs as the sole factor in
17determining which professional employes to suspend.

18(a.1) A board of school directors may suspend professional
19employes under subsection (a)(5) only if the board of school
20directors adopts, at a public meeting at which an opportunity
21for public comment has been provided, a resolution setting forth
22all of the following:

23(1) The reason the suspension is necessary.

24(2) The number and percentage of positions eliminated and a
25description of each position eliminated.

26(3) The academic subjects, courses or electives and
27nonacademic activities and services that will be affected by the
28suspension.

29(4) A description of other cost-saving actions undertaken by
30the school district.

1(5) The measures the school district will undertake to
2minimize the impact on student achievement, if any, caused by
3the suspension.

4(b) Notwithstanding an existing or future provision in a
5collective bargaining agreement or other similar employment
6contract to the contrary, suspension of a professional employe
7due to the curtailment or alteration of the educational program
8as set forth in subsection (a)(2) may be effectuated without the
9approval of the curtailment or alteration of the educational
10program by the Department of Education, provided that, where an
11educational program is altered or curtailed as set forth in
12subsection (a)(2), the school district shall notify the
13Department of Education of the actions taken pursuant to
14subsection (a)(2). The Department of Education shall post all
15notifications received from a school district pursuant to this
16subsection on the Department of Education's publicly accessible
17Internet website.

18(c) A collective bargaining agreement for professional
19employes entered into after the effective date of this
20subsection shall not include provisions prohibiting suspension
21of professional employes for economic reasons pursuant to
22subsection (a)(5).

23Section 2. Section 1125.1 of the act, added November 20,
241979 (P.L.465, No.97) and amended July 10, 1986 (P.L.1270,
25No.117), is amended to read:

26Section 1125.1. Persons to be Suspended.--(a) Professional
27employes shall be suspended under section 1124 (relating to
28causes for suspension) in inverse order of seniority within the
29school entity of current employment, except as provided under 
30subsection (a.1). Approved leaves of absence shall not

1constitute a break in service for purposes of computing
2seniority for suspension purposes. Seniority shall continue to
3accrue during suspension and all approved leaves of absence.

4(a.1) The following shall apply to professional employes who
5received an overall performance rating of "distinguished" in
6their most recent performance rating under section 1123:

7(1) A board of school directors shall not suspend any
8professional employe who received an overall performance rating
9of "distinguished" on the professional employe's most recent
10performance rating unless the board of school directors
11determines it is necessary to suspend additional professional
12employes after having suspended all professional employes within
13an area of certification who did not receive an overall
14performance rating of "distinguished" in their most recent
15performance rating.

16(2) When a board of school directors determines it is
17necessary to suspend professional employes who have received an
18overall performance rating of "distinguished" pursuant to
19paragraph (1), the board of school directors shall suspend
20professional employes who have received an overall performance
21rating of "distinguished" in inverse order of seniority within
22an area of certification.

23(b) Where there is or has been a consolidation of schools,
24departments or programs, all professional employes shall retain
25the seniority rights they had prior to the reorganization or
26consolidation.

27(c) [A] Subject to subsection (a.1), a school entity shall
28realign its professional staff so as to insure that more senior
29employes are provided with the opportunity to fill positions for
30which they are certificated and which are being filled by less

1senior employes.

2(d) (1) No suspended employe shall be prevented from
3engaging in another occupation during the period of suspension.

4(2) Suspended professional employes or professional employes
5demoted for the reasons set forth in section 1124 shall be
6reinstated on the basis of their seniority within the school
7entity[.], provided that a school entity shall reinstate 
8professional educators who received an overall performance 
9rating of "distinguished" in their most recent performance 
10rating before reinstating any other professional employes within 
11an area of certification. No new appointment shall be made while
12there is such a suspended or demoted professional employe
13available who is properly certificated to fill such vacancy. For
14the purpose of this subsection, positions from which
15professional employes are on approved leaves of absence shall
16also be considered temporary vacancies.

17(3) To be considered available a suspended professional
18employe must annually report to the governing board in writing
19his current address and his intent to accept the same or similar
20position when offered.

21(4) A suspended employe enrolled in a college program during
22a period of suspension and who is recalled shall be given the
23option of delaying his return to service until the end of the
24current semester.

25(e) Nothing contained in section 1125.1(a) through (d) shall 
26be construed to supersede or preempt any provisions of a 
27collective bargaining agreement negotiated by a school entity 
28and an exclusive representative of the employes in accordance 
29with the act of July 23, 1970 (P.L.563, No.195), known as the 
30"Public Employe Relations Act"; however, no agreement shall
 

1prohibit the right of a professional employe who is not a member 
2of a bargaining unit from retaining seniority rights under the 
3provisions of this act.

4(f) A decision to suspend in accordance with this section
5shall be considered an adjudication within the meaning of the
6"Local Agency Law."

7(g) A collective bargaining agreement for professional
8employes entered into after the effective date of this
9subsection shall not include provisions that conflict with this
10section.

11Section 3. This act shall take effect July 1, 2015.