SENATE AMENDED
PRIOR PRINTER'S NOS. 808, 951, 1028 PRINTER'S NO. 2143
No. 726 Session of 1983
INTRODUCED BY COLAFELLA, GALLAGHER, FISCHER, BELFANTI, BURNS,
LESCOVITZ, E. Z. TAYLOR, TRELLO, STEIGHNER, ALDERETTE,
HUTCHINSON, GRUITZA, LAUGHLIN, MARMION, AFFLERBACH, BOOK,
DALEY, MRKONIC, STEVENS, RYBAK, MANMILLER, COY, GREENWOOD,
HALUSKA, BLAUM, HAGARTY, PISTELLA, LASHINGER, TELEK,
D. W. SNYDER, BOYES, MILLER, CLARK, D. R. WRIGHT, PRESTON,
KOSINSKI, DEAL, COWELL, WARGO, PRATT, MAIALE, WAMBACH,
MAYERNIK, MARKOSEK, McVERRY, EVANS, CORDISCO, MICOZZIE,
VAN HORNE, MISCEVICH, McMONAGLE, PETRONE, KASUNIC, BURD,
COLE, POTT, SALOOM, WILLIAMS, GEORGE, DeLUCA, DUFFY,
BATTISTO, STAIRS, BOWSER, McCALL, LIVENGOOD, BROUJOS, FEE,
MADIGAN, ZWIKL, ARTY, GODSHALL AND HAYS, APRIL 11, 1983
SENATOR HESS, EDUCATION, IN SENATE, AS AMENDED,
NOVEMBER 15, 1983
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," requiring legislative approval for
6 certain curriculum regulations.
7 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
8 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
9 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
10 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
11 LAWS RELATING THERETO," FURTHER PROVIDING FOR THE
12 CONSTRUCTION OF CERTAIN COLLECTIVE BARGAINING AGREEMENTS
13 RELATING TO THE TERMINATION OF PROFESSIONAL EMPLOYEES.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
17 as the Public School Code of 1949, is amended by adding a
1 section to read:
2 Section 1521. Legislative Approval of Curriculum
3 Regulations.-- Any revision to 22 Pa. Code Ch. 5 (relating to
4 general curriculum requirements) published in the Pennsylvania
5 Bulletin on or subsequent to January 22, 1983 shall fall under
6 the provisions of the act of June 25, 1982 (P.L.633, No.181),
7 known as the Regulatory Review Act. Consideration of any
8 proposed revision to Chapter 5 shall provide for General
9 Assembly review pursuant to the Regulatory Review Act. Failure
10 to follow the regulatory review procedures required by all
11 sections of the Regulatory Review Act shall void all proposed
12 changes to Chapter 5.
13 Section 2. This act shall take effect immediately.
14 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <--
15 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
16 SECTION TO READ:
17 SECTION 1133. EFFECT OF COLLECTIVE BARGAINING AGREEMENT ON
18 TERMINATION.--NOTHING CONTAINED IN SECTIONS 1121 THROUGH 1132 OF
19 THIS ACT SHALL BE CONSTRUED TO SUPERSEDE OR PREEMPT ANY
20 PROVISION OF A COLLECTIVE BARGAINING AGREEMENT, IN EFFECT ON
21 JULY 23, 1970 OR ON ANY DATE SUBSEQUENT THERETO, NEGOTIATED BY A
22 SCHOOL ENTITY AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYES IN
23 ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563, NO.195),
24 KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT," WHICH PROVIDES FOR
25 THE RIGHT OF THE EXCLUSIVE REPRESENTATIVE TO GRIEVE AND
26 ARBITRATE, IN ACCORDANCE WITH PROCEDURES ESTABLISHED PURSUANT TO
27 SECTION 903 OF THE "PUBLIC EMPLOYE RELATIONS ACT," THE VALIDITY
28 OF A PROFESSIONAL EMPLOYE TERMINATION FOR THE CAUSES SET FORTH
29 IN SECTION 1122 OF THIS ACT. NO COLLECTIVE BARGAINING AGREEMENT
30 SHALL PROHIBIT THE RIGHT OF A PROFESSIONAL EMPLOYE FROM
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1 EXERCISING HIS OR HER RIGHTS UNDER THE PROVISIONS OF THIS ACT,
2 IF WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE DETAILED WRITTEN
3 STATEMENT AND NOTICE AS REQUIRED BY SECTION 1127, THE EXCLUSIVE
4 REPRESENTATIVE WAIVES ITS RIGHT TO GRIEVE AND ARBITRATE THE
5 TERMINATION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT.
6 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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