H0805B1424A01242 MSP:NLH 05/05/15 #90 A01242
AMENDMENTS TO HOUSE BILL NO. 805
Sponsor: REPRESENTATIVE O'NEILL
Printer's No. 1424
Amend Bill, page 1, lines 6 and 7, by striking out "for
temporary professional employees, for contracts, execution and
form,"
Amend Bill, page 1, lines 8 through 10, by striking out "and
to receive tenure, for" in line 8, all of line 9 and
"suspension" in line 10
Amend Bill, page 1, lines 13 through 19; pages 2 through 10,
lines 1 through 30; page 11, lines 1 through 6; by striking out
all of said lines on said pages and inserting
Section 1. Section 1124 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended June 30, 2012 (P.L.684, No.82), is amended to read:
Section 1124. Causes for Suspension.--(a) Any board of
school directors may suspend the necessary number of
professional employes, for any of the causes hereinafter
enumerated:
(1) substantial decrease in pupil enrollment in the school
district;
(2) curtailment or alteration of the educational program on
recommendation of the superintendent and on concurrence by the
board of school directors, as a result of substantial decline in
class or course enrollments or to conform with standards of
organization or educational activities required by law or
recommended by the Department of [Public Instruction] Education;
(3) consolidation of schools, whether within a single
district, through a merger of districts, or as a result of joint
board agreements, when such consolidation makes it unnecessary
to retain the full staff of professional employes; [or]
(4) when new school districts are established as the result
of reorganization of school districts pursuant to Article II.,
subdivision (i) of this act, and when such reorganization makes
it unnecessary to retain the full staff of professional
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employes[.]; or
(5) economic reasons, as part of a plan to reduce or control
school district costs. A school district may not use costs as
the sole factor in determining which professional employes to
suspend.
(b) Notwithstanding an existing or future provision in a
collective bargaining agreement or other similar employment
contract to the contrary, suspension of a professional employe
due to the curtailment or alteration of the educational program
as set forth in subsection (a)(2) may be effectuated without the
approval of the curtailment or alteration of the educational
program by the Department of Education, provided that, where an
educational program is altered or curtailed as set forth in
subsection (a)(2), the school district shall notify the
Department of Education of the actions taken pursuant to
subsection (a)(2). The Department of Education shall post all
notifications received from a school district pursuant to this
subsection on the Department of Education's publicly accessible
Internet website.
(c) In the case of a suspension under subsection (a)(5), the
following shall apply to any suspension of a professional
employe assigned to provide instruction directly to students:
(1) A board of school directors may suspend the necessary
number of professional employes assigned to provide instruction
directly to students only if the board of school directors also
suspends at least an equal percentage proportion of
administrative staff.
(2) The Secretary of Education may grant a board of school
directors a waiver of paragraph (1) if the following apply:
(i) the Secretary of Education determines that compliance
with paragraph (1) is likely to cause significant harm to the
operations of the school district ;
(ii) the Secretary of Education submits the determination to
the State Board of Education ; and
(iii) the State Board of Education approves the
determination by a majority of its members.
(3) Any three administrative staff positions selected by the
board of school directors shall be exempt from the requirements
of paragraphs (1) and (2).
(d) A board of school directors may suspend professional
employes under subsection (a)(5) only if the board of school
directors adopts, at a public meeting at which an opportunity
for public comment regarding the proposed suspension has been
provided, a resolution setting forth all of the following:
(1) The reason the suspension is necessary.
(2) The number and percentage of employes to be suspended
who are assigned to provide instruction directly to students.
(3) The number and percentage of employes to be suspended
who are administrative staff.
(4) The number and percentage of positions eliminated and a
description of each position eliminated.
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(5) The academic subjects, courses or electives and
nonacademic activities that will be affected by the suspension.
(6) A description of other cost-saving actions undertaken by
the school district.
(7) The measures the school district will undertake to
minimize the impact on student achievement, if any, caused by a
suspension of professional employes assigned to provide
instruction directly to students.
(e) For purposes of subsections (c) and (d) , "administrative
staff" shall include, but not be limited to, superintendents,
assistant superintendents, deputy superintendents, principals,
assistant principals, supervisors, managers, directors and
coordinators.
(f) Nothing in this section shall be construed to limit the
causes for which a temporary professional employe may be
suspended.
(g) Following the 2019-2020 school year, the Department of
Education shall conduct a study of the effectiveness of the
provisions of subsections (a)(5), (c), (d) and (e) and section
1125.1 and shall deliver a written report of its findings,
including any recommendations for changes to subsections (a)(5),
(c), (d) and (e) and section 1125.1, to the Governor, the
chairman and minority chairman of the Education Committee of the
Senate and the chairman and minority chairman of the Education
Committee of the House of Representatives by December 31, 2020.
Section 2. Section 1125.1 of the act, amended or added
November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,
No.117), is amended to read:
Section 1125.1. Persons to be Suspended.--(a) Professional
employes shall be suspended under section 1124 (relating to
causes for suspension) in inverse order of seniority within the
school entity of current employment, except as provided under
subsection (a.1). Approved leaves of absence shall not
constitute a break in service for purposes of computing
seniority for suspension purposes. Seniority shall continue to
accrue during suspension and all approved leaves of absence.
(a.1) For professional employes suspended under section
1124(a)(5), a board of school directors may suspend without
regard to seniority a professional employe whose two most recent
consecutive performance ratings issued under section 1123 were
unsatisfactory if the professional employe had an opportunity to
complete a performance improvement plan prior to the most recent
unsatisfactory rating.
(b) Where there is or has been a consolidation of schools,
departments or programs, all professional employes shall retain
the seniority rights they had prior to the reorganization or
consolidation.
(c) [A] Except as otherwise provided under subsection (a.1),
a school entity shall realign its professional staff so as to
insure that more senior employes are provided with the
opportunity to fill positions for which they are certificated
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and which are being filled by less senior employes.
(d) (1) No suspended employe shall be prevented from
engaging in another occupation during the period of suspension.
(2) Suspended professional employes or professional employes
demoted for the reasons set forth in section 1124(a)(1), (2),
(3) and (4) shall be reinstated on the basis of their seniority
within the school entity. No new appointment shall be made while
there is such a suspended or demoted professional employe
available who is properly certificated to fill such vacancy. For
the purpose of this subsection, positions from which
professional employes are on approved leaves of absence shall
also be considered temporary vacancies. Professional employes
suspended for the reasons set forth under section 1124(a)(5) may
be reinstated.
(3) To be considered available a suspended professional
employe must annually report to the governing board in writing
his current address and his intent to accept the same or similar
position when offered.
(4) A suspended employe enrolled in a college program during
a period of suspension and who is recalled shall be given the
option of delaying his return to service until the end of the
current semester.
(e) Nothing contained in section 1125.1(a) through [(d)] (g)
shall be construed to supersede or preempt any provisions of a
collective bargaining agreement negotiated by a school entity
and an exclusive representative of the employes in accordance
with the act of July 23, 1970 (P.L.563, No.195), known as the
"Public Employe Relations Act[";]," and in effect on the
effective date of subsection (g); however, no agreement shall
prohibit the right of a professional employe who is not a member
of a bargaining unit from retaining seniority rights under the
provisions of this act.
(f) A decision to suspend in accordance with this section
shall be considered an adjudication within the meaning of the
"Local Agency Law."
(g) If a professional employe is suspended under this
section, the professional employe's position shall remain vacant
for at least one year; provided, that the school entity may
reinstate at any time the professional employe who was
suspended.
Section 3. This act shall take effect immediately.
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See A01242 in
the context
of HB0805