PRINTER'S NO.  893

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

855

Session of

2011

  

  

INTRODUCED BY BOYD, AUMENT, BLOOM, CLYMER, CREIGHTON, CUTLER, DeLUCA, DENLINGER, EVANKOVICH, EVERETT, FARRY, GABLER, GODSHALL, GROVE, HELM, HICKERNELL, KAUFFMAN, KRIEGER, MAJOR, METCALFE, MILLER, MOUL, MUSTIO, PETRI, PICKETT, RAPP, REESE, REICHLEY, ROAE, SACCONE, SCHRODER, SONNEY, STEVENSON, SWANGER, TALLMAN AND VULAKOVICH, MARCH 1, 2011

  

  

REFERRED TO COMMITTEE ON EDUCATION, MARCH 1, 2011  

  

  

  

AN ACT

  

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

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," in professional employees, further

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providing for causes for suspension and for persons to be

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suspended.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1124 of the act of March 10, 1949

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

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amended August 8, 1963 (P.L.564, No.299), is amended to read:

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Section 1124.  Causes for Suspension.--Any board of school

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directors may suspend the necessary number of professional

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employes, for any of the causes hereinafter enumerated:

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(1)  Substantial decrease in pupil enrollment in the school

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district;

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(2)  Curtailment or alteration of the educational program on

 


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recommendation of the superintendent, concurred in by the board

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of school directors, approved by the Department of Public

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Instruction, as a result of substantial decline in class or

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course enrollments or to conform with standards of organization

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or educational activities required by law or recommended by the

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Department of Public Instruction;

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(3)  Consolidation of schools, whether within a single

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district, through a merger of districts, or as a result of joint

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board agreements, when such consolidation makes it unnecessary

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to retain the full staff of professional employes.

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(4)  When new school districts are established as the result

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of reorganization of school districts pursuant to Article II.,

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subdivision (i) of this act, and when such reorganization makes

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it unnecessary to retain the full staff of professional

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employes.

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(5)  Beginning in the 2010-2011 school year and each school

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year thereafter, for economic reasons as part of a plan to

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reduce or control overall school district costs: Provided, That

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suspension for economic reasons may occur only after passage of

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a resolution approving such action by the board of school

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directors at a public meeting held after a minimum of ten (10)

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days' public notice, at which public meeting an opportunity for

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public comment regarding planned suspension of professional

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employes is provided. The board shall provide documentation to

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demonstrate the economic reasons for the suspension, which may

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include the school district preliminary budget, proposed final

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budget, final budget, annual financial report or any other

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document the school district deems necessary and shall make the

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documents available for public inspection at least ten (10) days

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prior to the meeting. The following shall apply to suspensions

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for economic reasons under this paragraph:

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(i)  A school entity shall be deemed to have "economic

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reasons" when, after assessing its entire budget for possible

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reductions, the school entity determines that it would still

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exceed its index, as defined under section 302 of the act of

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June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the

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"Taxpayer Relief Act," without implementing the provisions of

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this section.

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(ii)  All savings realized from a suspension for economic

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reasons shall be used to offset any increase in costs, or

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decrease in State and local revenue.

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(iii)  A school entity may implement administrative and other

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operating efficiencies following a suspension for economic

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reasons.

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Section 2.  Section 1125.1 of the act, amended or added

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November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,

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No.117), is amended to read:

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Section 1125.1.  Persons to be Suspended.--(a)  Professional

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employes shall be suspended under section 1124 (relating to

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causes for suspension) [in inverse order of seniority within the

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school entity of current employment. Approved leaves of absence

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shall not constitute a break in service for purposes of

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computing seniority for suspension purposes. Seniority shall

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continue to accrue during suspension and all approved leaves of

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absence.] based upon the school entity's evaluation of the

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following factors:

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(1)  the professional employe's certification;

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(2)  the professional employe's performance, including, but

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not limited to, performance under PVAAS and local school

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district performance criteria;

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(3)  qualifications established by a school entity for those

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professional employes to teach a particular subject or grade

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level not evaluated under PVAAS; and

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(4)  other specific qualifications established by the school

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entity.

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(b)  Where there is or has been a consolidation of schools,

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departments or programs, all professional employes shall retain

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the seniority rights they had prior to the reorganization or

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consolidation.

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[(c)  A school entity shall realign its professional staff so

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as to insure that more senior employes are provided with the

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opportunity to fill positions for which they are certificated

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and which are being filled by less senior employes.]

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(d)  (1)  No suspended employe shall be prevented from

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engaging in another occupation during the period of suspension.

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(2)  Suspended professional employes or professional employes

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demoted for the reasons set forth in section 1124 shall be

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reinstated on the basis of [their seniority within the school

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entity. No new appointment shall be made while there is such a

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suspended or demoted professional employe available who is

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properly certificated to fill such vacancy] the school entity's

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evaluation of the criteria listed in subsection (a). For the

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purpose of this subsection, positions from which professional

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employes are on approved leaves of absence shall also be

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considered temporary vacancies.

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(3)  To be considered available a suspended professional

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employe must annually report to the governing board in writing

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his current address and his intent to accept the same or similar

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position when offered.

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(4)  A suspended employe enrolled in a college program during

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a period of suspension and who is recalled shall be given the

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option of delaying his return to service until the end of the

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current semester.

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(e)  Nothing contained in section 1125.1(a) through (d) shall

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be construed to supersede or preempt any provisions of a

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collective bargaining agreement negotiated by a school entity

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and an exclusive representative of the employes in accordance

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with the act of July 23, 1970 (P.L.563, No.195), known as the

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"Public Employe Relations Act"; however, no agreement shall

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prohibit the right of a professional employe who is not a member

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of a bargaining unit from retaining seniority rights under the

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provisions of this act.

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(f)  A decision to suspend in accordance with this section

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shall be considered an adjudication within the meaning of the

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"Local Agency Law."

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(g)  The provisions of this section shall not apply to any

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collective bargaining agreement negotiated on or after the

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effective date of this subsection.

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Section 3.  This act shall take effect in 60 days.

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