PRINTER'S NO. 1222
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 20070H1045B1222 - 2 -
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 20070H1045B1222 - 3 -
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. 20070H1045B1222 - 4 -
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. C23L24JLW/20070H1045B1222 - 5 -