PRINTER'S NO. 1097
No. 991 Session of 1997
INTRODUCED BY FLICK, EGOLF, HERSHEY, ROSS, BARRAR, LYNCH,
E. Z. TAYLOR, ORIE, FARGO, FICHTER, WAUGH, HENNESSEY AND LEH,
MARCH 19, 1997
REFERRED TO COMMITTEE ON EDUCATION, MARCH 19, 1997
AN ACT
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," further providing for causes for
6 suspension, for the order of suspension and for reinstatement
7 of professional employees; and making editorial changes.
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
20 recommendation of the superintendent, concurred in by the board
1 of school directors, approved by the Department of [Public
2 Instruction] Education, as a result of substantial decline in
3 class or course enrollments or to conform with standards of
4 organization or educational activities required by law or
5 recommended by the Department of [Public Instruction] Education;
6 (3) Consolidation of schools, whether within a single
7 district, through a merger of districts, or as a result of joint
8 board agreements, when such consolidation makes it unnecessary
9 to retain the full staff of professional employes.
10 (4) When new school districts are established as the result
11 of reorganization of school districts pursuant to Article II.,
12 subdivision (i) of this act, and when such reorganization makes
13 it unnecessary to retain the full staff of professional
14 employes.
15 (5) Beginning with school year 1997-1998 and each school
16 year thereafter, whenever economic reasons cause a school
17 district to experience a five (5) per centum or greater loss in
18 total local tax revenue for the support of the public schools in
19 the district for one school year, compared with the total local
20 tax revenue collections of the previous year: Provided, That
21 (i) the school district's equalized mills as computed by the
22 State Tax Equalization Board are at or above the Statewide
23 average equalized mills; and
24 (ii) the school district does not receive State funding in
25 the form of temporary aid to school districts suffering loss of
26 tax revenue due to bankruptcy of businesses in the school
27 district under section 2502.16 or temporary special aid to
28 school districts due to real property assessments under section
29 2502.10 which offsets the loss in total local tax revenue.
30 (6) Beginning with school year 1996-1997 and each school
19970H0991B1097 - 2 -
1 year thereafter, whenever a school district experiences a ten
2 (10) per centum or greater loss in combined State and local tax
3 revenue for the support of public schools in any one school
4 year, compared to the combined State and local tax revenue
5 received in the previous school year: Provided, That
6 (i) the conditions established in clause (5) relating to the
7 loss of revenue from local taxes are met; and
8 (ii) the loss in revenue from the State is not due to a
9 decrease in pupil enrollment in the district.
10 (b) As used in this section, "economic reasons" shall mean
11 circumstances as certified by the Secretary of Education
12 including, but not be limited to, the following:
13 (1) A loss of local tax revenue from real estate taxes due
14 to the reassessment of one or more properties within the
15 boundaries of the school district on the condition that the
16 school district tax rates which were in effect at the time of
17 the reassessment are not reduced.
18 (2) A loss of local revenue from real estate taxes during
19 the school year or the preceding school year due to the
20 nonpayment of the taxes within sixty (60) days of the due date
21 by any businesses owning real estate within the boundaries of
22 the school district, by reason of bankruptcy proceedings under
23 Chapter 7, 11 or 13 of 11 U.S.C. (relating to bankruptcy).
24 (3) A loss of local revenue due to the closure or relocation
25 of any business employing a substantial number of district
26 residents.
27 (4) A substantial increase in the unemployment rate in the
28 school district, as certified by the Secretary of Labor and
29 Industry.
30 (5) Other economic reasons approved by the Secretary of
19970H0991B1097 - 3 -
1 Education.
2 Section 2. Section 1125.1 of the act, amended or added
3 November 20, 1979 (P.L.465, No.697) and July 10, 1986 (P.L.1270,
4 No.117), is amended to read:
5 Section 1125.1. Persons to be Suspended.--(a) Professional
6 employes shall be suspended under section 1124 [(relating to
7 causes for suspension)] based upon performance as measured under
8 section 1123 and upon qualification to teach a particular
9 subject or grade level or to hold a particular position. In
10 determining qualification to teach a particular subject or grade
11 level or to hold a particular position, the number of years of
12 teaching the subject or grade level or of holding the position
13 as well as the number of years that have elapsed since the
14 professional employe last taught the subject or grade level or
15 last held the position shall be considered, in addition to
16 whether the professional employe is properly certificated. In
17 cases in which performance and qualification to teach a
18 particular subject or grade level or to hold a particular
19 position are comparable among or between professional employes
20 considered for suspension, the employes shall be suspended in
21 inverse order of seniority within the school entity of current
22 employment. Approved leaves of absence shall not constitute a
23 break in service for purposes of computing seniority for
24 suspension purposes. Seniority shall continue to accrue during
25 suspension and all approved leaves of absence.
26 (b) Where there is or has been a consolidation of schools,
27 departments or programs, all professional employes shall retain
28 the seniority rights they had prior to the reorganization or
29 consolidation.
30 [(c) A school entity shall realign its professional staff so
19970H0991B1097 - 4 -
1 as to insure that more senior employes are provided with the
2 opportunity to fill positions for which they are certificated
3 and which are being filled by less senior employes.]
4 (d)(1) No suspended employe shall be prevented from engaging
5 in another occupation during the period of suspension.
6 (2) Suspended professional employes or professional employes
7 demoted for the reasons set forth in section 1124 shall be
8 reinstated on the basis of their seniority regarding
9 qualification to teach a particular subject or grade level or to
10 hold a particular position, followed next by their seniority
11 within the school entity. No new appointment shall be made while
12 there is such a suspended or demoted professional employe
13 available who is properly certificated to fill such vacancy. For
14 the purpose of this subsection, positions from which
15 professional employes are on approved leaves of absence shall
16 also be considered temporary vacancies.
17 (3) To be considered available a suspended professional
18 employe must annually report to the governing board in writing
19 his current address and his intent to accept the same or similar
20 position when offered.
21 (4) A suspended employe enrolled in a college program during
22 a period of suspension and who is recalled shall be given the
23 option of delaying his return to service until the end of the
24 current semester.
25 (e) Nothing contained in section 1125.1(a) through (d) shall
26 be construed to supersede or preempt any provisions of a
27 collective bargaining agreement negotiated by a school entity
28 and an exclusive representative of the employes in accordance
29 with the act of July 23, 1970 (P.L.563, No.195), known as the
30 "Public Employe Relations Act"; however, no agreement shall
19970H0991B1097 - 5 -
1 prohibit the right of a professional employe who is not a member
2 of a bargaining unit from retaining seniority rights under the
3 provisions of this act.
4 (f) A decision to suspend in accordance with this section
5 shall be considered an adjudication within the meaning of the
6 "Local Agency Law."
7 Section 3. This act shall take effect immediately.
C12L24DMS/19970H0991B1097 - 6 -