| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 615, 974, 1135, 1188, 1209 | PRINTER'S NO. 1386 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, SMUCKER, M. WHITE, RAFFERTY, EICHELBERGER, WAUGH, EARLL, PICCOLA, BRUBAKER, D. WHITE, ALLOWAY, VANCE, McILHINNEY, BROWNE, MENSCH AND YAW, FEBRUARY 18, 2011 |
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| AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 20, 2011 |
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| AN ACT |
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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," in professional employees, further |
6 | providing for causes for suspension and for persons to be |
7 | suspended. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1124 of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, |
12 | amended August 8, 1963 (P.L.564, No.299), is amended to read: |
13 | Section 1124. Causes for Suspension.--(a) Any board of |
14 | school directors may suspend the necessary number of |
15 | professional employes, for any of the causes hereinafter |
16 | enumerated: |
17 | (1) Substantial decrease in pupil enrollment in the school |
18 | district; |
19 | (2) Curtailment or alteration of the educational program on |
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1 | recommendation of the superintendent, concurred in by the board |
2 | of school directors, approved by the Department of [Public |
3 | Instruction] Education, as a result of substantial decline in |
4 | class or course enrollments or to conform with standards of |
5 | organization or educational activities required by law or |
6 | recommended by the Department of [Public Instruction] Education; |
7 | (3) Consolidation of schools, whether within a single |
8 | district, through a merger of districts, or as a result of joint |
9 | board agreements, when such consolidation makes it unnecessary |
10 | to retain the full staff of professional employes. |
11 | (4) When new school districts are established as the result |
12 | of reorganization of school districts pursuant to Article II., |
13 | subdivision (i) of this act, and when such reorganization makes |
14 | it unnecessary to retain the full staff of professional |
15 | employes. |
16 | (5) Economic reasons, as part of a plan to reduce or control |
17 | school district costs. A school district may not use costs as |
18 | the sole factor in determining which professional employes to |
19 | suspend. |
20 | (b) In the case of a suspension under subsection (a)(5), the |
21 | following shall apply to any suspension of a professional |
22 | employe assigned to provide instruction directly to students: |
23 | (1) A board of school directors may suspend the necessary |
24 | number of professional employes assigned to provide instruction |
25 | directly to students only if the board of school directors also |
26 | suspends at least an equal percentage proportion of |
27 | administrative staff. |
28 | (2) The Secretary of Education may grant a board of school |
29 | directors a waiver of paragraph (1) if the following apply: | <-- |
30 | (i) the Secretary of Education determines that compliance |
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1 | with paragraph (1) is likely to cause significant harm to the |
2 | operations of the school district; | <-- |
3 | (ii) the Secretary of Education submits the determination to |
4 | the State Board of Education; and |
5 | (iii) the State Board of Education approves the |
6 | determination by a majority of its members. |
7 | (3) Any three five administrative staff positions selected | <-- |
8 | by the board of school directors shall be exempt from the |
9 | requirements of paragraphs (1) and (2). |
10 | (c) A board of school directors may suspend professional |
11 | employes under subsection (a)(5) only if the board of school |
12 | directors adopts, at a public meeting at which an opportunity |
13 | for public comment regarding the proposed suspension has been |
14 | provided, a resolution setting forth all of the following: |
15 | (1) The reason the suspension is necessary. |
16 | (2) The number and percentage of employes to be suspended |
17 | who are assigned to provide instruction directly to students. |
18 | (3) The number and percentage of employes to be suspended |
19 | who are administrative staff. |
20 | (4) The number and percentage of positions eliminated and a |
21 | description of each position eliminated. |
22 | (5) The academic subjects, courses or electives and |
23 | nonacademic activities that will be affected by the suspension. |
24 | (6) A description of other cost-saving actions undertaken by |
25 | the school district. |
26 | (7) The measures the school district will undertake to |
27 | minimize the impact on student achievement, if any, caused by a |
28 | suspension of professional employes assigned to provide |
29 | instruction directly to students. |
30 | (d) For purposes of subsections (b) and (c), "administrative |
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1 | staff" shall include, but not be limited to, superintendents, |
2 | assistant superintendents, deputy superintendents, principals, |
3 | assistant principals, supervisors, managers, directors and |
4 | coordinators. |
5 | (e) Nothing in this section shall be construed to limit the |
6 | causes for which a temporary professional employe may be |
7 | suspended. |
8 | (f) Following the 2015-2016 school year, the Department of | <-- |
9 | Education shall conduct a study of the effectiveness of the |
10 | provisions of subsections (a)(5), (b), (c) and (d) and section |
11 | 1125.1 and shall deliver a written report of its findings, |
12 | including any recommendations for changes to subsections (a)(5), |
13 | (b), (c) and (d) and section 1125.1, to the Governor, the |
14 | chairman and minority chairman of the Education Committee of the |
15 | Senate and the chairman and minority chairman of the Education |
16 | Committee of the House of Representatives by December 31, 2016. |
17 | Section 2. Section 1125.1 of the act, amended or added |
18 | November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270, |
19 | No.117), is amended to read: |
20 | Section 1125.1. Persons to be Suspended.--(a) Professional |
21 | employes shall be suspended under section 1124 (relating to |
22 | causes for suspension) in inverse order of seniority within the |
23 | school entity of current employment, except as provided under |
24 | subsection (a.1). Approved leaves of absence shall not |
25 | constitute a break in service for purposes of computing |
26 | seniority for suspension purposes. Seniority shall continue to |
27 | accrue during suspension and all approved leaves of absence. |
28 | (a.1) For professional employes suspended under section |
29 | 1124(a)(5), a board of school directors may suspend without |
30 | regard to seniority a professional employe whose two most recent | <-- |
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1 | consecutive performance ratings issued under section 1123 were |
2 | unsatisfactory if the professional employe had an opportunity to |
3 | complete a performance improvement plan prior to the most recent |
4 | unsatisfactory rating for whom two of the last three performance | <-- |
5 | ratings issued within a two-year period after the effective date |
6 | of this subsection were unsatisfactory. |
7 | (b) Where there is or has been a consolidation of schools, |
8 | departments or programs, all professional employes shall retain |
9 | the seniority rights they had prior to the reorganization or |
10 | consolidation. |
11 | (c) [A] Except as otherwise provided under subsection (a.1), |
12 | a school entity shall realign its professional staff so as to |
13 | insure that more senior employes are provided with the |
14 | opportunity to fill positions for which they are certificated |
15 | and which are being filled by less senior employes. |
16 | (d) (1) No suspended employe shall be prevented from |
17 | engaging in another occupation during the period of suspension. |
18 | (2) Suspended professional employes or professional employes |
19 | demoted for the reasons set forth in section 1124(a)(1), (2), | <-- |
20 | (3) and (4) shall be reinstated on the basis of their seniority |
21 | within the school entity. No new appointment shall be made while |
22 | there is such a suspended or demoted professional employe |
23 | available who is properly certificated to fill such vacancy. For |
24 | the purpose of this subsection, positions from which |
25 | professional employes are on approved leaves of absence shall |
26 | also be considered temporary vacancies. Professional employes |
27 | suspended for the reasons set forth under section 1124(a)(5) | <-- |
28 | pursuant to subsection (a.1) may be reinstated. | <-- |
29 | (3) To be considered available a suspended professional |
30 | employe must annually report to the governing board in writing |
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1 | his current address and his intent to accept the same or similar |
2 | position when offered. |
3 | (4) A suspended employe enrolled in a college program during |
4 | a period of suspension and who is recalled shall be given the |
5 | option of delaying his return to service until the end of the |
6 | current semester. |
7 | (e) Nothing contained in section 1125.1(a) through [(d)] (g) |
8 | shall be construed to supersede or preempt any provisions of a |
9 | collective bargaining agreement negotiated by a school entity |
10 | and an exclusive representative of the employes in accordance |
11 | with the act of July 23, 1970 (P.L.563, No.195), known as the |
12 | "Public Employe Relations Act[";]," and in effect on the | <-- |
13 | effective date of subsection (g); Act"; however, no agreement | <-- |
14 | shall prohibit the right of a professional employe who is not a |
15 | member of a bargaining unit from retaining seniority rights |
16 | under the provisions of this act. |
17 | (f) A decision to suspend in accordance with this section |
18 | shall be considered an adjudication within the meaning of the |
19 | "Local Agency Law." |
20 | (g) Where a professional employe is suspended under this |
21 | section, the professional employe's position shall remain vacant |
22 | for at least one year; provided, that the school entity may |
23 | reinstate at any time the professional employe who was |
24 | suspended. |
25 | (h) A collective bargaining agreement for professional | <-- |
26 | employes entered into after the effective date of this |
27 | subsection shall not include provisions prohibiting suspension |
28 | of professional employes for economic reasons pursuant to |
29 | subsection 1124(a)(5). |
30 | Section 3. This act shall take effect immediately. |
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