THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, SCARNATI, FOLMER, ERICKSON, BAKER, BOSCOLA, ORIE, YUDICHAK, GREENLEAF, RAFFERTY, ALLOWAY, MENSCH, VOGEL, BROWNE AND EARLL, OCTOBER 17, 2011

REFERRED TO EDUCATION, OCTOBER 17, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for manner of

election or approval; providing for performance review;

further providing for election of assistant district

superintendents, for term and salary of assistants and for

removal; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1073 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,  

amended January 14, 1970 (1969 P.L.468, No.192) and January 16,

1974 (P.L.1, No.1), is amended to read:

Section 1073.  Manner of Election or Approval.--(a)  The

board of school directors of each school district[, except in

school districts of the first class,] shall meet at its regular

place of meeting, during the last year of the term of the

district superintendent or at any other time when a vacancy

shall occur in the office of district superintendent, at an hour

previously fixed by the board. The secretary of each board of

school directors shall mail to each member thereof at least five

days beforehand, a notice of the time, place and purpose of such

meeting. At such meeting the board shall elect or approve a

properly qualified district superintendent to enter into a

contract to serve [a term of from three to five years] an

initial term of three years from the first day of July next

following his election or from a time mutually agreed upon by

the duly elected district superintendent and the board of school

directors. The contract shall be subject to the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(b)  At a regular meeting of the board of school directors

occurring at least one hundred fifty (150) days prior to the

expiration date of the term of office of the district

superintendent, the agenda shall include an item requiring

affirmative action by five or more members of the board of

school directors to notify the district superintendent that the

board intends to retain him for a further term of [from] three

(3) [to five (5)] years or that another or other candidates will

be considered for the office. In the event that the board fails

to take such action at a regular meeting of the board of school

directors occurring at least one hundred fifty (150) days prior

to the expiration date of the term of office of the district

superintendent, he shall continue in office for a further term

of similar length to that which he is serving.

(d)  The term of office or commission of a district

superintendent or assistant district superintendent shall not be

shortened by reason of the fact that the district in which he

serves shall be come part of a joint school, or by reason of the

fact that the district in which he serves shall become a part of

a new school district established as the result of

reorganization of school districts pursuant to Article II.,

subdivision (i) or section 224 of this act. Any district

superintendent, assistant districts superintendent or

supervising principal not selected as the district

superintendent of the joint school or newly established school

district in which the district he serves becomes a part shall be

assigned to a position or office for which he is eligible:

Provided, however, That in a new school district reorganized

under Article II., subdivision (i) or section 224 of this act,

he shall be assigned to a position or office which is

administrative or supervisory in nature only, but there shall be

no reduction in salary until the expiration of his commission.

Thereafter, unless elected to an office requiring a commission

he shall have the status of a professional employe: Provided,

That the board of school directors may adjust the salary

according to the classification of the position to which he may

be assigned, and that the period of service as a commissioned

district superintendent, assistant district superintendent or

associate superintendent shall be counted as time served as a

professional employe in determining his seniority rights.

(e)  The following shall apply:

(1)  Notwithstanding any other provision of law, no

individual shall be employed as a superintendent or assistant

superintendent by a school district except pursuant to a written

contract of employment expressly stating the terms and

conditions of employment.

(2)  A contract for the employment of a superintendent or

assistant superintendent shall do all of the following:

(i)  Contain the mutual and complete agreement between the

superintendent or assistant superintendent and the board of

school directors with respect to the terms and conditions of

employment.

(ii)  Consistent with State Board of Education certification

requirements, specify the duties, responsibilities, job

description and performance expectations, including performance

criteria provided for under section 1073.1.

(iii)  Incorporate all provisions relating to compensation

and benefits to be paid to or on behalf of the superintendent or

assistant superintendent.

(iv)  Specify the term of employment and state that the

contract shall terminate immediately upon the expiration of the

term unless the contract is allowed to renew automatically under

subsection (b).

(v)  Specify the termination, buyout and severance

provisions, including all postemployment compensation and the

period of time in which the compensation shall be provided.

(vi)  Contain provisions relating to outside work that may be

performed, if any.

(vii)  State that any modification to the contract must be in

writing.

(viii)  State that the contract shall be governed by the laws

of this Commonwealth.

(ix)  Limit compensation for unused sick leave to the maximum

compensation for unused sick leave under the teachers'

collective bargaining agreement for that district at the time of

the contract or renewal.

(x)  Limit transferred sick leave from previous employment to

not more than 30 days.

(3)  No agreement between the board of school directors and a

superintendent or assistant superintendent for a negotiated

severance of employment prior to the end of the specified

contract term shall provide for severance compensation to the

superintendent or assistant superintendent, including the

reasonable value of any noncash severance benefits or

postemployment benefits not otherwise accruing under the

contract or pursuant to law, that:

(i)  If the agreement takes effect two years or more prior to

the end of the specified contract term, exceeds the equivalent

of one year's compensation and benefits otherwise due under the

contract.

(ii)  If the agreement takes effect less than two years prior

to the end of the specified contract term, exceeds the

equivalent of one-half of the total compensation and benefits

due under the contract for the remainder of the term.

Section 2.  The act is amended by adding a section to read:

Section 1073.1.  Performance Review.--(a)  In addition to any 

other requirements provided for under this act, the board of

school directors may include objective performance standards in

a contract for the district superintendent and assistant

superintendent. The objective criteria may be established by the

board of directors and may be based upon the following:

(1)  achievement of annual measurable objectives established

by the school district in compliance with the No Child Left

Behind Act of 2001;

(2)  achievement on Pennsylvania System of School Assessment

(PSSA) tests;

(3)  achievement on Keystone Exams;

(4)  student growth as measured by the Pennsylvania Value-

Added Assessment System;

(5)  attrition rates or graduation rates;

(6)  financial management standards;

(7)  standards of operational excellence; or

(8)  any additional criteria deemed relevant by the board of

school directors.

(b)  The board of school directors shall establish a time

frame for periodic performance evaluations of the district

superintendent and assistant district superintendent and shall

include the time frame within the contract.

(c)  The State Board of Education may promulgate regulations

pursuant to the act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act, in order to implement this section.

Section 3.  Sections 1076 and 1077 of the act, amended

January 16, 1974 (P.L.1, No.1), are amended to read:

Section 1076.  Election of Assistant District

Superintendents, Except in Districts First Class.--Except in

districts of the first class, assistant district superintendents

shall be chosen by a majority vote of all the members of the

board of school directors of the district, for a term of [from]

three [to five] years upon the nomination by the district

superintendent.

Section 1077.  Term and Salary of Assistants.--Assistant

district superintendents may serve through the term of the

district superintendent, or enter a contract for a term of

[from] three [to five] years at salaries paid by the district,

and fixed by a majority vote of the whole board of school

directors prior to their election. The contract shall be subject

to the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

At a regular meeting of the board of school directors

occurring at least one hundred fifty (150) days prior to the

expiration date of the term of office of the assistant district

superintendent, the agenda shall include an item requiring

affirmative action by five (5) or more members of the board of

school directors to notify the assistant district superintendent

that the board intends to retain him for a further term of

[from] three (3) [to five (5)] years or that another or other

candidates will be considered for the office. In the event that

the board fails to take such action at a regular meeting of the

board of school directors occurring at least one hundred fifty

(150) days prior to the expiration date of the term of office of

the assistant district superintendent, he shall continue in

office for a further term of similar length to that which he is

serving.

Section 4.  Section 1078 of the act, amended January 14, 1970

(1969 P.L.468, No.192), is amended to read:

Section 1078.  Commissions.--District superintendents and

assistant district superintendents shall be commissioned by the

[Superintendent of Public Instruction] Secretary of Education.

Section 5.  Section 1080 of the act is amended to read:

Section 1080.  Removal.--(a)  District superintendents and

assistant district superintendents may be removed from office

and have their contracts terminated, after hearing, by a

majority vote of the board of school directors of the district,

for neglect of duty, for failure to meet the terms of the

contract, incompetency, intemperance, or immorality, of which

hearing notice of at least one week has been sent by mail to the

accused, as well as to each member of the board of school

directors.

(b)  The board of school directors shall publicly disclose at

the next regularly scheduled monthly meeting the cause or reason

for the removal from office of a district superintendent or

assistant district superintendent under subsection (a).

(c)  Proceedings under this section shall be held under 2

Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of

local agencies).

Section 6.  The amendment or addition of sections 1073,

1073.1, 1076, 1077, 1078 and 1080 of the act shall apply to

contracts of district superintendents or assistant district

superintendents entered into or renewed on or after the

effective date of this section.

Section 7.  This act shall take effect in 60 days.