PRINTER'S NO. 555
No. 527 Session of 1995
INTRODUCED BY LAWLESS, FARGO, DEMPSEY, LYNCH, GODSHALL, TIGUE,
PETTIT, WAUGH, E. Z. TAYLOR, PITTS, MUNDY, MILLER, CLARK,
HERSHEY, M. N. WRIGHT, NYCE, DeLUCA, RUBLEY, LEH, MAITLAND,
STERN AND BROWNE, FEBRUARY 1, 1995
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 1, 1995
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 sabbatical
6 leaves of absence.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1166 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended July 10, 1986 (P.L.1270, No.117), is amended to read:
12 Section 1166. Persons Entitled.--(a) Any person employed in
13 the public school system of this Commonwealth who has completed
14 ten (10) years of satisfactory service as a professional employe
15 or member of the supervisory, instructional or administrative
16 staff, or as a commissioned officer, of any board of school
17 directors, county board of school directors, or any other part
18 of the public school system of the Commonwealth, shall be
19 entitled to a leave of absence for restoration of health[, study
1 or travel, or, at the discretion of the board of school
2 directors, for other purposes] or professional improvement. At
3 least five consecutive years of such service shall have been in
4 the school district from which leave of absence is sought,
5 unless the board of school directors shall in its discretion
6 allow a shorter time: Provided, however, That in the case of
7 professional employes of area vocational-technical schools or
8 technical institutes prior service in the participating school
9 districts shall be credited toward such service requirement.
10 (b) A leave of absence for professional improvement shall be
11 subject to the following restrictions:
12 (1) The professional employe shall submit to the district
13 superintendent and the school board for approval, a detailed
14 plan for professional improvement at least six months prior to
15 the term or terms for which leave is sought.
16 (2) Each plan shall provide an explanation of the expected
17 activities to be undertaken during the proposed leave of
18 absence, how the expected activities relate or shall relate to
19 the employe's professional duties and responsibilities and how
20 the expected activities will improve the employe's performance
21 within the entity.
22 (3) The plan shall be subject to the approval or disapproval
23 of the district superintendent and a majority of the board of
24 school directors before a leave of absence for professional
25 improvement will be granted.
26 (4) Upon return to service, the professional employe shall
27 provide to the superintendent and the board evidence, as agreed
28 upon by the employe and the board prior to the leave, that the
29 employe's plan for professional improvement was followed.
30 (5) This subsection shall supersede any collective
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1 bargaining agreement that is entered into after the effective
2 date of this subsection.
3 (c) Such leave of absence shall be for a [half or] full
4 school term or [for two half school terms during a period of two
5 years, at the option of such person:], in cases where a plan for
6 professional improvement could not otherwise be completed and
7 upon approval by the superintendent and the board of school
8 directors for a half school term or for two consecutive half
9 school terms during a period of two years: Provided, however, if
10 a sabbatical leave is requested because of the illness of an
11 employe, a leave shall be granted for a period equivalent to a
12 half or full school term or equivalent to two half school terms
13 during a period of two years subject to the approval or
14 disapproval of the district superintendent and a majority of the
15 board of school directors: [Provided further, That a sabbatical
16 leave for travel shall be taken in one full school term, unless
17 authorized by the board of school directors to be taken for a
18 half school term or for two half school terms during a period of
19 two (2) years:] Provided further, That if a sabbatical leave for
20 one half school term or its equivalent has been granted and the
21 employe is unable to return to school service because of illness
22 or physical disability, the employe, upon written request prior
23 to the expiration of the original leave, shall be entitled to a
24 further sabbatical leave for one half school term or its
25 equivalent: Provided further, That if a sabbatical leave for a
26 full school term or its equivalent has been granted and the
27 employe is unable to return to school service because of illness
28 or physical disability, the board of school directors may extend
29 such sabbatical leave for such periods as it may determine but
30 not to exceed one full school term or its equivalent.
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1 Thereafter, one leave of absence shall be allowed after each
2 seven years of service.
3 (d) A sabbatical leave granted to a regular employe shall
4 also operate as a leave of absence without pay from all other
5 school activities.
6 Section 2. The act is amended by adding a section to read:
7 Section 1166.1. Sabbatical Leave Reports.--Each school
8 district shall submit a report to the Secretary of Education by
9 December 1 of each year on the sabbatical leaves taken by the
10 district's professional employes during the school term ended on
11 June 30 of that year, in a form prescribed by the Department of
12 Education. Each report shall include, but not be limited to:
13 (1) the number of employes on sabbatical leave for
14 restoration of health;
15 (2) the number of employes on sabbatical leave for
16 professional improvement;
17 (3) the estimated total cost to the district for employes on
18 sabbatical leave, including the cost to hire temporary
19 replacements;
20 (4) the number of employes on sabbatical leave for
21 professional improvement who did not return to service at the
22 end of the granted leave period because of illness or physical
23 disability; and
24 (5) other information as prescribed by the department.
25 Section 3. Section 1168 of the act, amended September 29,
26 1959 (P.L.999, No.412), is amended to read:
27 Section 1168. Return to Employment.--[No leave of absence
28 shall be granted unless such person shall agree to return to his
29 or her employment with the school district for a period of not
30 less than one school term immediately following such leave of
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1 absence.] (a) Prior to the granting of a sabbatical leave of
2 absence, the professional employe shall enter into a written
3 agreement with the school board that upon termination of the
4 sabbatical leave of absence the employe will return to service
5 in the public schools of the district for a period equal to
6 twice the length of the leave and that, in default of completing
7 the service, will refund to the district an amount equal to such
8 proportion of salary received by the employe while on leave as
9 the amount of service not actually rendered as agreed bears to
10 the whole amount of service agreed to be rendered. An employe
11 who is in default of completing the required length of service
12 because of illness or physical disability, as provided under
13 this section, shall be exempted from the salary repayment
14 requirement.
15 (b) No such leave of absence shall be considered a
16 termination or breach of the contract of employment, and the
17 person on leave of absence shall be returned to the same
18 position in the same school or schools he or she occupied prior
19 thereto.
20 (c) Upon expiration of a sabbatical leave, by consent of the
21 school board, the requirement that the person on leave of
22 absence shall return to the service of the school district or to
23 the same position in the same school or schools that he or she
24 occupied prior thereto, [may be waived.] shall be waived only in
25 cases where the employe is unable to return to school service
26 because of illness or physical disability, upon written
27 verification of the illness or physical disability by a duly
28 licensed physician or other duly licensed practitioner of the
29 healing arts prior to the employe's scheduled return to service.
30 If the school board has not waived the obligation to return to
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1 school service upon expiration of the sabbatical leave and the
2 employe fails to do so, unless prevented by illness or physical
3 disability as verified by a duly licensed physician or other
4 duly licensed practitioner of the healing arts, the employe
5 shall forfeit all benefits to which said employe would have been
6 entitled under the provisions of this act for the period of the
7 sabbatical leave.
8 (d) If such employe resigns or fails to return to his
9 employment, unless the requirement to return to service is
10 waived by the board of school directors because of illness or
11 physical disability, as provided in this section, the amount
12 contributed by the school district under section 1170 of this
13 act to the Public School Employes' Retirement Fund shall be
14 deducted from the refund payable to such employe under existing
15 law and the amount so deducted shall be refunded to the school
16 district by which it was paid.
17 Section 4. This act shall take effect in 60 days.
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