PRINTER'S NO. 1105
No. 988 Session of 1995
INTRODUCED BY HANNA, GODSHALL, KREBS, CLARK, MASLAND, SATHER,
MUNDY, DRUCE, FLICK, M. N. WRIGHT, HUTCHINSON, MERRY,
DEMPSEY, RUBLEY, NICKOL, E. Z. TAYLOR, MELIO, CIVERA, MILLER
AND CURRY, MARCH 6, 1995
REFERRED TO COMMITTEE ON EDUCATION, MARCH 6, 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 granting of
6 tenure to professional employees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1108 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended August 10, 1951 (P.L.1157, No.259) and January 14, 1970
12 (1969 P.L.468, No.192), is amended to read:
13 Section 1108. Temporary Professional Employes.--(a) It
14 shall be the duty of the district superintendent to notify each
15 temporary professional employe, at least twice each year during
16 the period of his or her employment, of the professional
17 quality, professional progress, and rating of his or her
18 services. No temporary professional employe shall be dismissed
19 unless rated unsatisfactory, and notification, in writing, of
1 such unsatisfactory rating shall have been furnished the employe
2 within ten (10) days following the date of such rating. The
3 rating of a temporary professional employe shall be done as
4 provided in section one thousand one hundred twenty-three of
5 this act.
6 (b) A temporary professional employe whose work has been
7 certified by the district superintendent to the secretary of the
8 school district, during the last four (4) months of the [second]
9 third year of such service, as being satisfactory shall
10 thereafter be a "professional employe" within the meaning of
11 this article. The attainment of this status shall be recorded in
12 the records of the board and written notification thereof shall
13 be sent also to the employe. The employe shall then be tendered
14 forthwith a regular contract of employment as provided for
15 professional employes. No professional employe who has attained
16 tenure status in any school district of this Commonwealth shall
17 thereafter be required to serve as a temporary professional
18 employe before being tendered such a contract when employed by
19 any other part of the public school system of the Commonwealth.
20 (c) Any temporary professional employe who is not tendered a
21 regular contract of employment at the end of [two] three years
22 of service, rendered as herein provided, shall be given a
23 written statement signed by the president and secretary of the
24 board of school directors and setting forth explicitly the
25 reason for such refusal.
26 (d) Temporary professional employes shall for all purposes,
27 except tenure status, be viewed in law as full-time employes,
28 and shall enjoy all the rights and privileges of regular full-
29 time employes.
30 Section 2. Section 1121 of the act, amended September 28,
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1 1951 (P.L.1551, No.395), is amended to read:
2 Section 1121. Contracts; Execution; Form.--In all school
3 districts, all contracts with professional employes shall be in
4 writing, in duplicate, and shall be executed on behalf of the
5 board of school directors by the president and secretary and
6 signed by the professional employe.
7 Each board of school directors in all school districts shall
8 hereafter enter into contracts, in writing, with each
9 professional employe who has satisfactorily completed [two (2)]
10 three (3) years of service in any school district of this
11 Commonwealth. Said contracts shall contain only the following:
12 "IT IS AGREED by and between .....................
13 Professional Employe, and the Board of Directors (or Board of
14 Public Education) of the school district of
15 ....................., Pennsylvania, that said professional
16 employe shall, under the authority of the said board and its
17 successors, and subject to the supervision and authority of the
18 properly authorized superintendent of schools or supervising
19 principal, serve as a professional employe in the said school
20 district for a term of ........months, for an annual
21 compensation of $............., payable monthly or semi-monthly
22 during the school term or year, less the contribution required
23 by law to be paid to the Public School Employes' Retirement
24 Fund, and less other proper deductions for loss of time.
25 "This contract is subject to the provisions of the 'Public
26 School Code of 1949' and the amendments thereto.
27 "AND IT IS FURTHER AGREED by the parties hereto that none of
28 the provisions of this act may be waived either orally or in
29 writing, and that this contract shall continue in force year
30 after year, with the right of the board of school directors (or
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1 board of public education) to increase the compensation over the
2 compensation herein stated, from time to time, as may be
3 provided under the provisions and proper operation of the
4 established salary schedule, if any, for the school district,
5 subject to the provisions of law, without invalidating any other
6 provision of this contract, unless terminated by the
7 professional employe by written resignation presented sixty (60)
8 days before resignation becomes effective, or by the board of
9 school directors (or board of public education) by official
10 written notice presented to the professional employe: Provided,
11 That the said notice shall designate the cause for the
12 termination and shall state that an opportunity to be heard
13 shall be granted if the said professional employe, within ten
14 (10) days after receipt of the termination notice, presents a
15 written request for such hearing."
16 Section 3. This act shall take effect in 60 days.
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