PRIOR PRINTER'S NO. 3390 PRINTER'S NO. 3575
No. 2559 Session of 1978
INTRODUCED BY MESSRS. GALLAGHER, LINCOLN, MILANOVICH, BURNS,
WHITE, MILLER, PANCOAST, O'KEEFE, MRS. WISE, MESSRS.
ENGLEHART AND DeMEDIO, JUNE 12, 1978
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 11, 1978
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 the causes and
6 criteria for suspension, and providing for waiver of
7 certification requirements in certain instances.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Clause (1) of section 1124 SECTION 1125, act of <--
11 March 10, 1949 (P.L.30, No.14), known as the "Public School Code
12 of 1949," is amended to read: REPEALED. <--
13 Section 1124. Causes for Suspension.--Any board of school <--
14 directors may suspend the necessary number of professional
15 employes, for any of the causes hereinafter enumerated:
16 (1) Substantial decrease in pupil enrollment in the school
17 district as approved by the department after appropriate
18 investigation. The percent reduction of the professional staff
19 shall not exceed the percent of reduction of the total pupil
1 population over the preceding school year;
2 * * *
3 Section 2. Section 1125 of the act is repealed.
4 Section 3. The act is amended by adding sections to read:
5 Section 1125.1. Criteria for Suspension.--
6 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
7 SECTION 1125.1. PERSONS TO BE SUSPENDED.--
8 (a) Professional employes shall be suspended under section
9 1124 (relating to causes for suspension) in inverse order of
10 seniority within the school entity of current employment.
11 Approved leaves of absence shall not constitute a break in
12 service for purposes of computing seniority for suspension
13 purposes. Seniority shall continue to accrue during suspension
14 and all approved leaves of absence.
15 (b) Where there is or has been a consolidation of schools,
16 departments or programs, all professional employes shall retain
17 the seniority rights they had prior to the reorganization or
18 consolidation.
19 (c) A school entity shall realign its professional staff so
20 as to insure that more senior employes are provided with the
21 opportunity to fill positions for which they are certificated
22 and which are being filled by less senior employes.
23 (d) (1) No suspended employe shall be prevented from
24 engaging in another occupation during the period of suspension.
25 (2) Suspended professional employes shall be reinstated on
26 the basis of their seniority within the school entity. No new
27 appointment shall be made while there is a suspended
28 professional employe available who is properly certificated to
29 fill such vacancy. For the purpose of this subsection, positions
30 from which professional employes are on approved leaves of
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1 absence shall also be considered TEMPORARY vacancies. <--
2 (3) To be considered available a suspended professional
3 employe must annually report to the governing board in writing
4 his current address and his intent to accept the same or similar
5 position when offered.
6 (4) A laid off SUSPENDED employe enrolled in a college <--
7 program during a period of suspension and who is recalled shall
8 be given the option of delaying his return to service until the
9 end of the current semester.
10 (e) Nothing contained in section 1125.1(a) through (d) shall
11 be construed to supersede or preempt the seniority ANY <--
12 provisions of a collective bargaining agreement negotiated by a
13 school entity and an exclusive representative of the employes in
14 accordance with the act of July 23, 1970 (P.L.563, No.195),
15 known as the "Public Employe Relations Act."
16 (f) A decision to suspend in accordance with this section
17 shall be considered an adjudication within the meaning of the
18 act of December 2, 1968, (P.L.1133, No.353), known as the "Local
19 Agency Law."
20 Section 1214. Department Waiver of Certification
21 Requirements.--(a) The department shall grant a waiver of
22 certification requirements for a period not to exceed one year
23 for a certificated professional employe currently employed by or
24 on suspension from a school entity when the school entity
25 submits a written waiver request containing the following:
26 (i) the reason for the waiver;
27 (ii) a program of study being followed by the employe to
28 secure certification in the new position;
29 (iii) the period of time necessary for the employe to
30 secure certification in the new position; and
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1 (iv) a statement showing the employe's application for
2 placement in the new position.
3 (b) The employe for whom the waiver is granted shall pursue
4 certification as outlined in the school entity's waiver request.
5 Failure to do so shall result in a revocation of the waiver.
6 (c) A professional employe for whom a waiver is granted
7 shall not be permitted to fill a position vacated by a suspended
8 employe.
9 Section 4 3. This act shall take effect immediately. <--
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