PRIOR PRINTER'S NO. 176 PRINTER'S NO. 2496
No. 159 Session of 1997
INTRODUCED BY CONTI, CARONE, STEIL, FICHTER, M. N. WRIGHT,
FARGO, BROWNE, STURLA, E. Z. TAYLOR, ROSS, EGOLF, ORIE,
BARRAR AND LYNCH, FEBRUARY 3, 1997
AS AMENDED, COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES,
OCTOBER 22, 1997
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 continuing
6 professional development and renewability of certain <--
7 professional certification. AND CONTINUING PROFESSIONAL <--
8 EDUCATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 1205.1 1205.1(D) of the act of March 10, <--
12 1949 (P.L.30, No.14), known as the Public School Code of 1949,
13 amended October 21, 1965 (P.L.601, No.312), is repealed. <--
14 Section 2. The act is amended by adding a section to read:
15 Section 1205.2. Continuing Professional Development and <--
16 Renewable Certification.--(a) Each school entity shall submit
17 to the Secretary of Education for approval a continuing
18 professional development plan in accordance with this section.
19 The plan shall be submitted with the strategic plan of the
20 school entity as provided in this act and in 22 Pa. Code Ch. 5
1 (relating to curriculum). The Secretary of Education shall
2 establish a schedule for intermediate units to file a
3 professional development plan and shall specify the form in
4 which professional development plans are to be submitted.
5 (1) A school entity shall develop a continuing professional
6 development plan which shall include options for professional
7 development including, but not limited to, activities such as
8 the following:
9 (i) Graduate level coursework.
10 (ii) Obtaining a professionally related Master's Degree.
11 (iii) Department-approved in-service courses.
12 (iv) Curriculum development work and other program design
13 and delivery activities.
14 (v) Participation in professional conferences and workshops.
15 (vi) Supervised peer observations of or consultations with
16 other professional employes.
17 (vii) Department-approved in-service or evening courses
18 conducted by or in behalf of the school entity, in conjunction
19 with other school entities.
20 (2) The continuing professional development plan shall
21 define terms used including, but not limited to, the following:
22 (i) Professionally related graduate level coursework.
23 (ii) Professionally related Master's Degree.
24 (iii) Curriculum development work and other program design
25 and delivery activities.
26 (iv) Professional conferences.
27 (v) Supervised peer observations of or consultations with
28 other professional employes.
29 (3) A continuing professional development planning committee
30 shall be appointed by the board of a school entity. The plan
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1 shall be developed by the teachers and administrators of the
2 school entity, parents with children attending a school in the
3 district and individuals from the community. The plan shall
4 describe the persons who developed the plan and how the persons
5 were selected.
6 (4) The continuing professional development plan submitted
7 to the Secretary of Education shall be recommended by the
8 continuing professional development planning committee and
9 approved by the board of the school entity.
10 (5) The continuing professional development plan shall
11 include a section which describes how the professional
12 development plan meets the educational and staff development
13 needs of the school entity, its professional employes, the
14 students and the community. Each school entity shall review its
15 plan to determine that it continues to reflect the needs of the
16 school entity, its professional employes, the students and the
17 community and amend the plan as necessary.
18 (b) Professional personnel, obtaining an Instructional II,
19 Educational Specialist II, Supervisory, Vocational
20 Administrative Director, Administrative Certificate or Letter of
21 Eligibility on or after June 1, 1997, shall, thereafter, present
22 to the Secretary of Education evidence of satisfactory
23 participation in continuing professional development every five
24 (5) years. This section will be satisfied by completing any of
25 the following or a combination thereof:
26 (1) Twelve (12) credits of collegiate studies in the areas
27 of assignment and certification.
28 (2) Twelve (12) credits of department-approved in-service
29 courses in the areas of assignment and certification, or of
30 department-approved in-service or evening courses by or on
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1 behalf of the school entity in conjunction with other school
2 entities.
3 (3) Three hundred and sixty (360) hours of department-
4 approved continuing professional development activities and
5 experiences which may include: curriculum development work,
6 program design and delivery activities and professional
7 conferences and workshops.
8 Evidence of completion of these requirements shall be made at
9 such time and in such form as the Secretary of Education may
10 require.
11 (c) All professional employes of a school entity receiving
12 their initial Pennsylvania teaching or administrative
13 certification, as provided for in Article XI of this act, prior
14 to June 1, 1997, shall be required at least once during every
15 five (5) year period, commencing upon receipt of a permanent
16 teaching certificate or initial administrative certificate, to
17 participate in professional development activity pursuant to the
18 professional development plan of that professional employe's
19 school entity. A professional employe who obtains a
20 professionally related Master's Degree shall be deemed to have
21 complied permanently with the provisions of this subsection. The
22 chief school administrator of every school entity shall certify
23 annually to the Secretary of Education the names of professional
24 employes and the professional development activities in which
25 these employes have participated. The certification shall be
26 made at such time and in such form as the Secretary of Education
27 may require.
28 (d) The certificates of professional personnel or employes
29 with a letter of eligibility who fail to comply with the
30 continuing professional development plan under subsection (a) or
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1 those who fail to complete the requirements under subsection (b)
2 or (c) shall be inactive until all requirements are met.
3 (e) The Secretary of Education shall establish a procedure
4 for granting an extension to fulfill the requirements of
5 subsection (b) or (c) due to extenuating circumstances for the
6 holder of the certificate.
7 (f) School districts that employ professional personnel or
8 commissioned officers with inactive certificates or commissions
9 are subject to penalties provided for under section 2518 of this
10 act.
11 (g) All activities and experiences approved to meet
12 requirements for continuing professional development shall meet
13 the following standards:
14 (1) Have significant intellectual and practical content, the
15 primary objective of which is to improve the participant's
16 professional competence.
17 (2) Be organized and led by persons qualified with the
18 practical or academic experience necessary to conduct the
19 activity or experience effectively.
20 (3) Be approved as professional activities and experience by
21 the continuing professional development committee of the school
22 entity.
23 (h) A school entity may provide joint or cooperative
24 professional development activities with another school entity
25 or an institution of higher education.
26 (i) As used in this section, the term "school entity" shall
27 mean a school district, joint school district, intermediate unit
28 or area vocational-technical school.
29 SECTION 1205.2. PROGRAM FOR CONTINUING PROFESSIONAL <--
30 EDUCATION.--(A) A CONTINUING PROFESSIONAL EDUCATION PROGRAM IS
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1 HEREBY ESTABLISHED FOR EDUCATORS IN THIS COMMONWEALTH. THE
2 PROGRAM SHALL BE ESTABLISHED AND ADMINISTERED BY THE DEPARTMENT,
3 BUT SHALL CONTAIN THE FOLLOWING ELEMENTS:
4 (1) SATISFACTORY COMPLETION OF ONE HUNDRED EIGHTY (180)
5 HOURS OF CONTINUING PROFESSIONAL EDUCATION EVERY FIVE (5) YEARS,
6 WHICH SHALL INCLUDE ANY COMBINATION OF THE FOLLOWING:
7 (I) SIX (6) CREDITS OF COLLEGIATE STUDIES;
8 (II) SIX (6) CREDITS OF IN-SERVICE COURSES; OR
9 (III) ONE HUNDRED EIGHTY (180) HOURS OF CONTINUING
10 PROFESSIONAL EDUCATION ACTIVITIES AND EXPERIENCES.
11 FOR THE PURPOSES OF CALCULATING HOURS AND CREDITS OF CONTINUING
12 PROFESSIONAL EDUCATION, ONE CREDIT OF COLLEGIATE STUDIES OR IN-
13 SERVICE COURSES SHALL BE EQUIVALENT TO THIRTY (30) HOURS OF
14 CONTINUING PROFESSIONAL EDUCATION ACTIVITIES AND EXPERIENCES.
15 (2) HOURS OF CONTINUING PROFESSIONAL EDUCATION AS SET FORTH
16 IN CLAUSE (1) SHALL BE SATISFIED BY THE FOLLOWING:
17 (I) CREDITS OF COLLEGIATE STUDIES RELATED TO THE EDUCATION
18 PROFESSION OR ANY AREA OF THE EDUCATOR'S ASSIGNMENT OR
19 CERTIFICATION AND PROVIDED BY ANY INSTITUTION OF HIGHER
20 EDUCATION OFFERING DEPARTMENT-APPROVED TEACHER EDUCATION
21 PROGRAMS OR ANY ACCREDITED INSTITUTION OF HIGHER EDUCATION
22 APPROVED BY THE DEPARTMENT TO PROVIDE CONTINUING PROFESSIONAL
23 EDUCATION COLLEGIATE STUDIES.
24 (II) CREDITS OF IN-SERVICE COURSES RELATED TO THE EDUCATION
25 PROFESSION OR ANY AREA OF THE EDUCATOR'S ASSIGNMENT OR
26 CERTIFICATION AND PROVIDED BY AN APPROVED PROVIDER.
27 (III) HOURS OF CONTINUING PROFESSIONAL EDUCATION ACTIVITIES
28 AND EXPERIENCES RELATED TO THE EDUCATION PROFESSION OR ANY AREA
29 OF THE EDUCATOR'S ASSIGNMENT OR CERTIFICATION AND PROVIDED BY AN
30 APPROVED PROVIDER OR THE EDUCATOR'S SCHOOL ENTITY OR CHARTER
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1 SCHOOL. THOSE ACTIVITIES AND EXPERIENCES MAY INCLUDE, BUT SHALL
2 NOT BE LIMITED TO, CURRICULUM DEVELOPMENT WORK, PROGRAM DESIGN
3 AND DELIVERY ACTIVITIES AND PROFESSIONAL CONFERENCES AND
4 WORKSHOPS.
5 (IV) COMPLETION OF ANY PROFESSIONAL DEVELOPMENT ACTIVITY
6 INCLUDED IN THE PROFESSIONAL DEVELOPMENT PLAN OF THE EDUCATOR'S
7 SCHOOL ENTITY APPROVED PURSUANT TO SECTION 1205.1 OF THE ACT
8 SHALL SATISFY COMPLETION OF CONTINUING PROFESSIONAL EDUCATION
9 CREDITS OR HOURS CONSISTENT WITH CLAUSE (1).
10 (3) THE PROGRAM SHALL CONSIST OF FIVE (5) COMPLIANCE GROUPS
11 IMPLEMENTED OVER A FIVE-YEAR PERIOD, COMMENCING ON JULY 1, 1998.
12 (I) EDUCATORS IN COMPLIANCE GROUP ONE (1) SHALL COMPLY WITH
13 THE PROGRAM NO LATER THAN JUNE 30, 2003, AND EVERY FIVE (5)
14 YEARS THEREAFTER. COMPLIANCE GROUPS TWO (2) THROUGH FIVE (5)
15 SHALL BE SIMILARLY IMPLEMENTED ANNUALLY THEREAFTER.
16 (II) COMPLIANCE GROUPS SHALL BE COMPRISED OF THE FOLLOWING:
17 (A) COMPLIANCE GROUP ONE (1) SHALL INCLUDE EDUCATORS WHO
18 WERE ISSUED THEIR INITIAL CERTIFICATION BETWEEN JULY 1, 1995,
19 AND JUNE 30, 1998.
20 (B) COMPLIANCE GROUP TWO (2) SHALL INCLUDE EDUCATORS WHO
21 WHERE ISSUED THEIR INITIAL CERTIFICATION BETWEEN JULY 1, 1993,
22 AND JUNE 30, 1995.
23 (C) COMPLIANCE GROUP THREE (3) SHALL INCLUDE EDUCATORS WHO
24 WERE ISSUED THEIR INITIAL CERTIFICATION BETWEEN JULY 1, 1991,
25 AND JUNE 30, 1993.
26 (D) COMPLIANCE GROUP FOUR (4) SHALL INCLUDE EDUCATORS WHO
27 WERE ISSUED THEIR INITIAL CERTIFICATION BETWEEN JULY 1, 1989,
28 AND JUNE 30, 1991.
29 (E) COMPLIANCE GROUP FIVE (5) SHALL INCLUDE EDUCATORS WHO
30 WERE ISSUED THEIR INITIAL CERTIFICATION BETWEEN JUNE 1, 1987,
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1 AND JUNE 30, 1989.
2 (F) ANY PERSON WHO IS ISSUED A PROFESSIONAL CERTIFICATE
3 BETWEEN JULY 1 AND JUNE 30 SHALL BE INCLUDED IN THE COMPLIANCE
4 GROUP BEGINNING THE FOLLOWING JULY 1.
5 (G) ANY PERSON EMPLOYED AS A PROFESSIONAL STAFF MEMBER OF A
6 CHARTER SCHOOL INITIALLY HIRED BETWEEN JULY 1 AND JUNE 30 SHALL
7 BE INCLUDED IN THE COMPLIANCE GROUP BEGINNING THE FOLLOWING JULY
8 1.
9 (III) EDUCATORS MAY CARRY OVER INTO THE SUCCEEDING
10 COMPLIANCE PERIOD THE EQUIVALENT OF UP TO SIXTY (60) HOURS OF
11 CONTINUING PROFESSIONAL EDUCATION COMPLETED IN EXCESS OF THE
12 HOURS REQUIRED FOR ANY EXISTING COMPLIANCE PERIOD.
13 (4) COURSES AND ACTIVITIES OFFERED BY PROVIDERS OF
14 CONTINUING PROFESSIONAL EDUCATION SHALL BE OF HIGH QUALITY AND
15 DESIGNED TO SIGNIFICANTLY ADVANCE THE GOAL OF IMPROVING AND
16 UPDATING THE PROFESSIONAL SKILLS OF EDUCATORS IN THIS
17 COMMONWEALTH.
18 (5) THE DEPARTMENT SHALL ASSURE THAT CONTINUED PROFESSIONAL
19 EDUCATION IS AVAILABLE TO ALL EDUCATORS AT CONVENIENT LOCATIONS
20 THROUGHOUT THIS COMMONWEALTH AND AT A REASONABLE COST. ANY
21 CONTINUING PROFESSIONAL EDUCATION CREDITS FOR HOURS PROVIDED BY
22 AN EDUCATOR'S SCHOOL ENTITY OR CHARTER SCHOOL AND REQUIRED AS A
23 CONDITION OF EMPLOYMENT SHALL BE PROVIDED FREE OF ANY TUITION
24 CHARGE TO THE EDUCATOR. THE DEPARTMENT SHALL ANNUALLY PROVIDE
25 FOR A MINIMUM OF SIX (6) CREDITS OF IN-SERVICE COURSES PROVIDED
26 FREE OF ANY TUITION CHARGE TO EDUCATORS, AND THESE COURSES SHALL
27 BE MADE AVAILABLE AT CONVENIENT LOCATIONS THROUGHOUT THIS
28 COMMONWEALTH.
29 (B) (1) ALL EDUCATORS WHO WISH TO BE EMPLOYED IN A SCHOOL
30 ENTITY OR CHARTER SCHOOL IN THIS COMMONWEALTH SHALL PARTICIPATE
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1 IN THE PROGRAM.
2 (2) THE COMMISSION, UPON INITIATION BY THE DEPARTMENT OF
3 HEARING PROCEDURES UNDER SECTIONS 13 AND 14 OF THE ACT OF
4 DECEMBER 12, 1973 (P.L.397, NO.141), REFERRED TO AS THE TEACHER
5 CERTIFICATION LAW, AND AFTER REASONABLE NOTICE, WARNING AND
6 APPROPRIATE TIME TO COMPLY, SHALL SUSPEND THE CERTIFICATE OF ANY
7 EDUCATOR WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION
8 AND ISSUE AN ORDER THAT ANY EDUCATOR WHO DOES NOT COMPLY WITH
9 THE PROVISIONS OF THIS SECTION SHALL NOT BE EMPLOYED AS A
10 PROFESSIONAL STAFF MEMBER OF A CHARTER SCHOOL. THE COMMISSION
11 SHALL REINSTATE A CERTIFICATE SUSPENDED AND RESCIND AN ORDER
12 ISSUED PURSUANT TO THIS SECTION UPON A SHOWING OF COMPLIANCE BY
13 THE EDUCATOR.
14 (3) THE BOARD, BY REGULATION, SHALL ESTABLISH A PROCEDURE
15 AND CRITERIA FOR GRANTING AN EXTENSION TO FULFILL THE
16 REQUIREMENTS OF THE SECTION DUE TO EXTENUATING CIRCUMSTANCES.
17 (4) (I) EDUCATORS CERTIFIED IN THIS COMMONWEALTH WHO ARE
18 NOT ACTIVELY EMPLOYED BY A SCHOOL ENTITY AS A PROFESSIONAL OR
19 TEMPORARY PROFESSIONAL EMPLOYE MAY APPLY TO THE DEPARTMENT FOR
20 INACTIVE CERTIFICATION.
21 (II) INACTIVE CERTIFICATION SHALL ACT AS A WAIVER FROM THE
22 REQUIREMENTS OF THIS SECTION.
23 (III) THE DEPARTMENT SHALL REMOVE INACTIVE CERTIFICATION
24 UPON APPLICATION BY THE EDUCATOR AND UPON A SHOWING OF
25 COMPLETION OF THIRTY (30) HOURS OF CONTINUING PROFESSIONAL
26 EDUCATION.
27 (IV) NO EDUCATOR WITH INACTIVE CERTIFICATION SHALL BE
28 EMPLOYED BY A SCHOOL ENTITY AS A PROFESSIONAL OR TEMPORARY
29 PROFESSIONAL EMPLOYE OR BY A CHARTER SCHOOL AS A PROFESSIONAL
30 STAFF MEMBER.
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1 (C) THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A SYSTEM OF
2 REPORTING AND RECORDKEEPING FOR ALL CONTINUING PROFESSIONAL
3 EDUCATION. THE SYSTEM SHALL INCLUDE MANDATORY REPORTING TO THE
4 DEPARTMENT BY SCHOOL ENTITIES, CHARTER SCHOOLS, APPROVED
5 PROVIDERS AND INSTITUTIONS OF HIGHER EDUCATION FOR ALL EDUCATORS
6 WHO HAVE COMPLETED CONTINUING PROFESSIONAL EDUCATION PROVIDED BY
7 THE SCHOOL ENTITY, CHARTER SCHOOL, APPROVED PROVIDER OR
8 INSTITUTION OF HIGHER EDUCATION. THE SYSTEM SHALL AFFORD ANY
9 EDUCATOR REASONABLE OPPORTUNITY TO ACCESS ALL REPORTS AND
10 RECORDS RELATING TO THAT EDUCATOR'S CONTINUING PROFESSIONAL
11 EDUCATION.
12 (D) THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDING FOR THE
13 ADMINISTRATION OF THE PROGRAM BY THE DEPARTMENT. IN ADDITION,
14 THE COSTS OF ADMINISTERING THE PROGRAM BY THE DEPARTMENT SHALL
15 BE FINANCED BY THE FOLLOWING FEES AND ASSESSMENTS ADOPTED AND
16 COLLECTED BY THE DEPARTMENT:
17 (1) A REASONABLE FEE FROM ALL APPROVED PROVIDERS AND
18 INSTITUTIONS OF HIGHER EDUCATION FOR EACH CONTINUING
19 PROFESSIONAL EDUCATION CREDIT OR HOUR OFFERED; PROVIDED, THAT NO
20 FEE SHALL BE ASSESSED AGAINST SCHOOL ENTITIES AND CHARTER
21 SCHOOLS WHICH PROVIDE CREDITS OR HOURS PURSUANT TO SUBSECTION
22 (A)(5).
23 (2) A REASONABLE ASSESSMENT FROM PROFESSIONAL EDUCATORS
24 WHENEVER A CERTIFICATE IS INITIALLY ISSUED, AMENDED OR MODIFIED.
25 FOR PURPOSES OF THIS SUBSECTION, AMENDMENT OR MODIFICATION OF A
26 CERTIFICATE SHALL NOT INCLUDE CHANGE IN NAME OF ADDRESS.
27 (E) THE BOARD IN CONSULTATION WITH THE COMMISSION SHALL
28 PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO
29 ADMINISTER AND ENFORCE THIS SECTION.
30 (F) WHEN USED IN THIS SECTION, THE FOLLOWING WORDS AND
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1 PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
2 "APPROVED PROVIDER" SHALL MEAN ANY INSTITUTION OF HIGHER
3 EDUCATION, SCHOOL ENTITY, COMMONWEALTH AGENCY, CORPORATION,
4 PARTNERSHIP, ASSOCIATION OR OTHER ENTITY APPROVED BY THE
5 DEPARTMENT PURSUANT TO REGULATIONS PROMULGATED BY THE STATE
6 BOARD OF EDUCATION IN CONSULTATION WITH THE PROFESSIONAL
7 STANDARDS AND PRACTICES COMMISSION, TO OFFER IN-SERVICE COURSES
8 OR CONTINUING PROFESSIONAL EDUCATION ACTIVITIES AND EXPERIENCES.
9 "BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION OF THE
10 COMMONWEALTH.
11 "CHARTER SCHOOL" SHALL MEAN A CHARTER SCHOOL OR REGIONAL
12 CHARTER SCHOOL AS DEFINED IN SECTION 1703-A OF THE ACT.
13 "COLLEGIATE STUDIES" SHALL MEAN A FORMAL PROGRAM OR COURSE OF
14 STUDY AT AN INSTITUTION OF HIGHER EDUCATION LEADING TO THE AWARD
15 OF ACADEMIC CREDIT.
16 "COMMISSION" SHALL MEAN THE PROFESSIONAL STANDARDS AND
17 PRACTICES COMMISSION OF THE COMMONWEALTH.
18 "COMPLIANCE PERIOD" SHALL MEAN THE FIVE-YEAR PERIOD IN WHICH
19 DESIGNATED EDUCATORS MUST COMPLY WITH THE REQUIREMENTS OF THIS
20 SECTION.
21 "EDUCATOR" SHALL MEAN ANY PROFESSIONAL EDUCATOR RECEIVING HIS
22 INITIAL PENNSYLVANIA TEACHING, EDUCATIONAL SPECIALIST OR
23 ADMINISTRATIVE CERTIFICATE ON OR AFTER JUNE 1, 1987, AND ANY
24 PROFESSIONAL STAFF MEMBER OF A CHARTER SCHOOL WHO DOES NOT HOLD
25 APPROPRIATE STATE CERTIFICATION.
26 "IN-SERVICE COURSES" SHALL MEAN COURSES FOR CREDIT, OTHER
27 THAN COLLEGIATE STUDIES, PROVIDED BY APPROVED PROVIDERS.
28 "PROGRAM" SHALL MEAN THE CONTINUING PROFESSIONAL EDUCATION
29 PROGRAM ESTABLISHED IN THIS SECTION
30 "SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, AN INTERMEDIATE
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1 UNIT, A JOINT SCHOOL DISTRICT, AN AREA VOCATIONAL-TECHNICAL
2 SCHOOL, THE SCOTLAND SCHOOL FOR VETERANS' CHILDREN, THE SCRANTON
3 SCHOOL FOR THE DEAF AND THE THADDEUS STEVENS STATE SCHOOL OF
4 TECHNOLOGY OR ANY OF THESE ACTING JOINTLY.
5 Section 3. Nothing contained in the amendment of section
6 1205.1 of the act shall supersede or preempt any provisions of a
7 collective bargaining agreement, negotiated by a school entity
8 and the employee organization, that is in effect on the
9 effective date of this section. For the purpose of this section,
10 a "school entity" shall mean a school district, joint school
11 district, intermediate unit or area vocational-technical school.
12 Section 4. This act shall take effect immediately.
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