PRINTER'S NO. 1694
No. 1185 Session of 2006
INTRODUCED BY HUGHES, STOUT, MELLOW, MUSTO, COSTA, FONTANA,
C. WILLIAMS, STACK, KASUNIC, BOSCOLA, WASHINGTON, WOZNIAK,
LOGAN, FERLO, KITCHEN AND O'PAKE, APRIL 17, 2006
REFERRED TO EDUCATION, APRIL 17, 2006
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," providing for payment for fees
6 associated with certification by the National Board for
7 Professional Teaching Standards.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
11 as the Public School Code of 1949, is amended by adding an
12 article to read:
13 ARTICLE XI-B
14 CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR
15 PROFESSIONAL TEACHING STANDARDS
16 Section 1101-B. Definitions.
17 The following words and phrases when used in this article
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Department." The Department of Education of the
1 Commonwealth.
2 "Eligible teacher." A teacher who has:
3 (1) Completed three full years of teaching in a
4 Pennsylvania public school or area vocational-technical
5 school.
6 (2) Not previously received Commonwealth funds for
7 participating in any certification area of the NBPTS program.
8 (3) Not repaid any Commonwealth funds previously
9 received for the NBPTS certification process.
10 (4) Not received a waiver of repayment from the
11 Department of Education.
12 "National Board for Professional Teaching Standards" or
13 "NBPTS." The independent, nonprofit organization established in
14 1987 to establish high standards for teachers' knowledge and
15 performance and for development and operation of a national
16 voluntary system to assess and certify teachers who meet those
17 standards.
18 "Public school." A school operated by a school district or
19 an area vocational-technical school.
20 Section 1102-B. Program.
21 (a) Establishment.--A program to help defray the cost to
22 teachers of becoming certified by the National Board for
23 Professional Teaching Standards is established.
24 (b) Goal.--It is the goal of the Commonwealth to provide
25 opportunities and incentives for excellent teachers and to
26 retain them in the teaching profession. To attain this goal, the
27 Commonwealth shall support the efforts of teachers to achieve
28 national certification by providing reimbursement for approved
29 paid leave time for teachers participating in the certification
30 process and paying the assessment fee for teachers who seek to
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1 attain national certification from the National Board for
2 Professional Teaching Standards.
3 Section 1103-B. Payment of fees and paid leave.
4 Eligible teachers who participate in NBPTS certification
5 shall be entitled to do so without loss of pay or time. To the
6 extent funds are available, the Commonwealth shall do all of the
7 following:
8 (1) Pay the cost of NBPTS assessment fees on behalf of
9 an eligible teacher to become NBPTS certified.
10 (2) Reimburse school districts for the eligible
11 teacher's paid leave for each day the eligible teacher
12 participates in preparation for NBPTS certification, up to
13 three days.
14 Section 1104-B. Priority.
15 (a) Schools in school improvement or corrective action.--
16 Eligible teachers who teach in schools identified as in school
17 improvement or corrective action shall receive first priority
18 for payment of assessment fees under this article. The eligible
19 teachers' districts shall also receive first priority for leave
20 reimbursement.
21 (b) Other priority.--Eligible teachers who teach mathematics
22 or science at the secondary level or who teach prekindergarten
23 through third grade shall receive second priority for payment of
24 assessment fees under this article. The eligible teachers'
25 districts shall also receive second priority for leave
26 reimbursement.
27 Section 1105-B. Duties of eligible teachers.
28 (a) Completion of process.--An eligible teacher on whose
29 behalf the assessment fee is paid shall agree to complete the
30 certification process or be subject to repayment as set forth in
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1 section 1106-B(a).
2 (b) Three-year commitment.--An eligible teacher on whose
3 behalf the assessment fee is paid and who receives NBPTS
4 certification shall, in addition to the requirement under
5 subsection (a), agree to teach in a Pennsylvania school for a
6 period of at least three years or be subject to repayment as set
7 forth in section 1106-B(b). Eligible teachers who receive
8 priority under section 1104-B and who receive NBPTS
9 certification shall teach in that priority class for the three-
10 year commitment period. If an eligible teacher receives priority
11 under section 1104-B(a) and the school is removed from
12 improvement or corrective action during the three-year
13 commitment period, service in the same school shall continue to
14 fulfill the requirements of this subsection.
15 Section 1106-B. Repayment.
16 (a) Failure to complete the certification process.--When an
17 eligible teacher for whom the Commonwealth has paid the
18 assessment fee fails to complete the certification process, the
19 teacher shall reimburse the Commonwealth for the amount of the
20 assessment fee. A candidate who completes the certification
21 process but is denied NBPTS certification shall not be subject
22 to repayment pursuant to this subsection.
23 (b) Failure to continue teaching.--When an eligible teacher
24 for whom the Commonwealth has paid the assessment fee fails to
25 teach in a Pennsylvania school for three consecutive years after
26 completing the certification process, the teacher shall
27 reimburse the Commonwealth for the amount of the assessment fee.
28 The teacher shall certify to the department each year that the
29 teacher is in compliance with section 1105-B(b).
30 (c) Waiver of repayment.--Upon the application of the
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1 eligible teacher, the department may waive the repayment
2 requirement if the department finds that the teacher was unable
3 to complete the process or continue teaching due to the illness
4 of the teacher, the death or catastrophic illness of a member of
5 the teacher's immediate family, parental leave to care for a
6 newborn or newly adopted child or other extraordinary
7 circumstances.
8 Section 1107-B. Applicability.
9 Eligible teachers who have paid NBPTS assessment fees any
10 time on or after January 1, 2006, but before the effective date
11 of this section shall be entitled to seek reimbursement from the
12 Commonwealth for the fees. Such teachers shall be subject to the
13 provisions of sections 1103-B, 1105-B and 1106-B.
14 Section 1108-B. Duties of department.
15 (a) Guidelines.--The department shall develop guidelines
16 necessary for the implementation of this article.
17 (b) Technical assistance.--To the extent funds are
18 available, the department shall provide technical assistance to
19 NBPTS applicants. The department may contract with one or more
20 institutions of higher education in order to provide technical
21 assistance.
22 Section 2. This act shall take effect immediately.
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