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                                                      PRINTER'S NO. 1222

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1045 Session of 2007


        INTRODUCED BY ROEBUCK, STAIRS, GRUCELA, CURRY, PALLONE,
           WHEATLEY, YUDICHAK, LONGIETTI, BEYER, BIANCUCCI, BISHOP,
           BUXTON, CALTAGIRONE, CARROLL, DALEY, DePASQUALE, FABRIZIO,
           FRANKEL, FREEMAN, GALLOWAY, GIBBONS, MANN, McILHATTAN, MOYER,
           MUNDY, M. O'BRIEN, PARKER, PETRARCA, READSHAW, SCAVELLO,
           SIPTROTH, SOLOBAY, STABACK, STURLA AND YOUNGBLOOD,
           APRIL 10, 2007

        REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2007

                                     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," providing for payment for fees
     6     associated with certification by the National Board for
     7     Professional Teaching Standards.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    11  as the Public School Code of 1949, is amended by adding an
    12  article to read:
    13                            ARTICLE XI-B
    14        CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR
    15                  PROFESSIONAL TEACHING STANDARDS
    16  Section 1101-B.  Definitions.
    17     The following words and phrases when used in this article
    18  shall have the meanings given to them in this section unless the

     1  context clearly indicates otherwise:
     2     "Department."  The Department of Education of the
     3  Commonwealth.
     4     "Eligible teacher."  A teacher who has:
     5         (1)  Completed three full years of teaching in a
     6     Pennsylvania public school or area vocational-technical
     7     school.
     8         (2)  Not previously received Commonwealth funds for
     9     participating in any certification area of the NBPTS program.
    10         (3)  Not repaid any Commonwealth funds previously
    11     received for the NBPTS certification process.
    12         (4)  Not received a waiver of repayment from the
    13     Department of Education.
    14     "National Board for Professional Teaching Standards" or
    15  "NBPTS."  The independent, nonprofit organization established in
    16  1987 to establish high standards for teachers' knowledge and
    17  performance and for development and operation of a national
    18  voluntary system to assess and certify teachers who meet those
    19  standards.
    20     "Public school."  A school operated by a school district or
    21  an area vocational-technical school.
    22  Section 1102-B.  Program.
    23     (a)  Establishment.--A program to help defray the cost to
    24  teachers of becoming certified by the National Board for
    25  Professional Teaching Standards is established.
    26     (b)  Goal.--It is the goal of the Commonwealth to provide
    27  opportunities and incentives for excellent teachers and to
    28  retain them in the teaching profession. To attain this goal, the
    29  Commonwealth shall support the efforts of teachers to achieve
    30  national certification by providing reimbursement for approved
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     1  paid leave time for teachers participating in the certification
     2  process and paying the assessment fee for teachers who seek to
     3  attain national certification from the National Board for
     4  Professional Teaching Standards.
     5  Section 1103-B.  Payment of fees and paid leave.
     6     Eligible teachers who participate in NBPTS certification
     7  shall be entitled to do so without loss of pay or time. To the
     8  extent funds are available, the Commonwealth shall do all of the
     9  following:
    10         (1)  Pay the cost of NBPTS assessment fees on behalf of
    11     an eligible teacher to become NBPTS certified.
    12         (2)  Reimburse school districts for the eligible
    13     teacher's paid leave for each day the eligible teacher
    14     participates in preparation for NBPTS certification, up to
    15     three days.
    16  Section 1104-B.  Priority.
    17     (a)  Schools in school improvement or corrective action.--
    18  Eligible teachers who teach in schools identified as in school
    19  improvement or corrective action shall receive first priority
    20  for payment of assessment fees under this article. The eligible
    21  teachers' districts shall also receive first priority for leave
    22  reimbursement.
    23     (b)  Other priority.--Eligible teachers who teach mathematics
    24  or science at the secondary level or who teach special education
    25  or foreign languages shall receive second priority for payment
    26  of assessment fees under this article. The eligible teachers'
    27  districts shall also receive second priority for leave
    28  reimbursement.
    29  Section 1105-B.  Duties of eligible teachers.
    30     (a)  Completion of process.--An eligible teacher on whose
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     1  behalf the assessment fee is paid shall agree to complete the
     2  certification process or be subject to repayment as set forth in
     3  section 1106-B(a).
     4     (b)  Three-year commitment.--An eligible teacher on whose
     5  behalf the assessment fee is paid and who receives NBPTS
     6  certification shall, in addition to the requirement under
     7  subsection (a), agree to teach in a Pennsylvania school for a
     8  period of at least three years or be subject to repayment as set
     9  forth in section 1106-B(b). Eligible teachers who receive
    10  priority under section 1104-B and who receive NBPTS
    11  certification shall teach in that priority class for the three-
    12  year commitment period. If an eligible teacher receives priority
    13  under section 1104-B(a) and the school is removed from
    14  improvement or corrective action during the three-year
    15  commitment period, service in the same school or in another
    16  school identified as in school improvement or corrective action
    17  shall continue to fulfill the requirements of this subsection.
    18  Section 1106-B.  Repayment.
    19     (a)  Failure to complete the certification process.--When an
    20  eligible teacher for whom the Commonwealth has paid the
    21  assessment fee fails to complete the certification process, the
    22  teacher shall reimburse the Commonwealth for the amount of the
    23  assessment fee. A candidate who completes the certification
    24  process but is denied NBPTS certification shall not be subject
    25  to repayment pursuant to this subsection.
    26     (b)  Failure to continue teaching.--When an eligible teacher
    27  for whom the Commonwealth has paid the assessment fee fails to
    28  teach in a Pennsylvania school for three consecutive years after
    29  completing the certification process, the teacher shall
    30  reimburse the Commonwealth for the amount of the assessment fee.
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     1  The teacher shall certify to the department each year that the
     2  teacher is in compliance with section 1105-B(b).
     3     (c)  Waiver of repayment.--Upon the application of the
     4  eligible teacher, the department shall waive the repayment
     5  requirement if the department finds that the teacher was unable
     6  to complete the process or continue teaching in a priority class
     7  or school identified as in school improvement or corrective
     8  action due to administrative action on the part of the school
     9  district or area vocational-technical school for other than
    10  causes enumerated in section 1122, or continue teaching due to
    11  illness of the teacher, the death or catastrophic illness of a
    12  member of the teacher's immediate family, or parental leave to
    13  care for a newborn or newly adopted child and may waive the
    14  repayment requirement due to other extraordinary circumstances.
    15  Section 1107-B.  Applicability.
    16     Eligible teachers who have paid NBPTS assessment fees any
    17  time on or after January 1, 2006, but before the effective date
    18  of this section shall be entitled to seek reimbursement from the
    19  Commonwealth for the fees. Such teachers shall be subject to the
    20  provisions of sections 1103-B, 1105-B and 1106-B.
    21  Section 1108-B.  Duties of department.
    22     (a)  Guidelines.--The department shall develop guidelines
    23  necessary for the implementation of this article.
    24     (b)  Technical assistance.--To the extent funds are
    25  available, the department shall provide technical assistance to
    26  NBPTS applicants. The department may contract with one or more
    27  institutions of higher education in order to provide technical
    28  assistance.
    29     Section 2.  This act shall take effect immediately.

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