THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 6, 2012   

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; providing for superintendents of schools or

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buildings and of supplies; 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

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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. If the qualified district superintendent has no prior

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experience as a district superintendent, the initial contract

shall be for a period not to exceed three years. 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

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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 district superintendent or

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assistant district superintendent by a school district except

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pursuant to a written contract of employment expressly stating

the terms and conditions of employment.

(2)  A contract for the employment of a district

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superintendent or assistant district superintendent shall do all

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of the following:

(i)  Contain the mutual and complete agreement between the 

district superintendent or assistant district superintendent and

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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 standards and assessments provided for under section

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1073.1.

(iii)  Incorporate all provisions relating to compensation

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

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superintendent or assistant district superintendent.

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

contract shall terminate immediately, except as otherwise

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provided under this section, 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.  

Termination, buyout and severance provisions may not be modified 

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during the course of the contract or in the event a contract is

terminated prematurely.

(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

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compensation for unused sick leave under the teachers'

collective bargaining agreement for that district at the time of

the contract or renewal in new employment contracts entered into

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after the effective date of this subsection for district

superintendents or assistant district superintendents who have

no prior experience as a district superintendent or assistant

district superintendent to the maximum compensation for unused

sick leave under the school district's administrator

compensation plan under section 1164 in effect at the time of

the contract.

(x)  Limit transferred sick leave from previous employment to

not more than 30 days in new employment contracts after the

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effective date of this subsection for district superintendents

or assistant district superintendents who have no prior

experience as a district superintendent or assistant district

superintendent.

(xi)  Specify postretirement benefits and the period of time

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in which the benefits shall be provided.

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

district superintendent or assistant district superintendent for

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a negotiated severance of employment prior to the end of the

specified contract term shall provide for severance compensation

to the district superintendent or assistant district

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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

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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 other

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requirements provided for under this act, the employment

contract for a district superintendent or assistant district

superintendent shall include objective performance standards

mutually agreed to in writing by the board of school directors

and the district superintendent or assistant district

superintendent. The objective performance standards may be based

upon the following:

(1)  achievement of annual measurable objectives established

by the school district in compliance with the No Child Left

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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 and mutually

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agreed to by the board of school directors and the district

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superintendent or assistant district superintendent.

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

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frame for periodic performance evaluations of the district

superintendent and assistant district superintendent and shall

include the time frame within the contract.

(b)  The board of school directors shall conduct a formal

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written performance assessment of the district superintendent

and assistant district superintendent annually. A time frame for

the assessment shall be included in the contract.

(b.1)  The board of school directors shall post the mutually

agreed to objective performance standards contained in the

contract on the school district's publicly accessible Internet

website. Upon completion of the annual performance assessment,

the board of school directors shall post the date of the

assessment and whether or not the district superintendent and

assistant district superintendent have met the agreed to

objective performance standards on the school district's

publicly accessible Internet website.

(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

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districts of the first class, assistant] Assistant district

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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

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district superintendent. If the assistant district

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superintendent has no prior experience as a district

superintendent or assistant district superintendent, the initial

contract shall be for a period not to exceed three years.

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,

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

directors prior to their election. If the assistant district

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superintendent has no prior experience as a district

superintendent or assistant district superintendent, the initial

contract shall be for a period not to exceed three years. 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

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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 Sections 1080 and 2104

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of the act are 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

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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 2104.  Superintendents of Schools or Buildings and of

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Supplies.--The board of public education in each school district

of the first class shall, whenever a vacancy in said office

shall occur, appoint a district superintendent, who shall be

designated and known as superintendent of schools[, for a term

of not more than six (6) years]. The board may also appoint a

superintendent of buildings and a superintendent of supplies.

The board shall prescribe the terms and duties and fix the

salaries of each of such employes. They shall be responsible to

the board for the conduct of their respective departments, shall

make annual reports to the board, and shall from time to time

submit such plans and suggestions for the improvement of the

schools and the school system as they shall deem expedient or as

the board of public education may require.

The superintendent of buildings shall be an engineer or

architect of good standing in his profession. The superintendent

of buildings and the superintendent of supplies shall each give

such security for the faithful performance of the duties of

their respective offices as the board of public education shall

prescribe.

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.