| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1661, 1983 | PRINTER'S NO. 2178 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, SCARNATI, FOLMER, ERICKSON, BAKER, BOSCOLA, ORIE, YUDICHAK, GREENLEAF, RAFFERTY, ALLOWAY, MENSCH, VOGEL, BROWNE, EARLL, FERLO AND DINNIMAN, OCTOBER 17, 2011 |
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| AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 9, 2012 |
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| AN ACT |
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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," in district superintendents and | <-- |
6 | assistant district superintendents, further providing for | <-- |
7 | eligibility, for manner of election or approval; providing |
8 | for performance review; and further providing for election of | <-- |
9 | assistant district superintendents, for term and salary of |
10 | assistants and for removal; in school districts of the first | <-- |
11 | class, further providing for superintendents of schools or |
12 | buildings and of supplies; and making an editorial change. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 1073 of the act of March 10, 1949 | <-- |
16 | (P.L.30, No.14), known as the Public School Code of 1949, |
17 | amended January 14, 1970 (1969 P.L.468, No.192) and January 16, |
18 | 1974 (P.L.1, No.1), is amended to read: |
19 | Section 1. Section 1003(b) of the act of March 10, 1949 | <-- |
20 | (P.L.30, No.14), known as the Public School Code of 1949, |
21 | amended June 30, 2011 (P.L.112, No.24), is amended to read: |
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1 | Section 1003. Eligibility.--* * * |
2 | (b) Notwithstanding the requirements of subsection (a), a |
3 | person shall be eligible for election or appointment as a |
4 | district superintendent or assistant district superintendent if |
5 | he holds a graduate degree from an accredited higher education |
6 | institution in business, management or finance or has earned a |
7 | juris doctorate degree from an accredited law school and has at |
8 | least four (4) years of relevant experience in business, |
9 | finance, law or management. |
10 | * * * |
11 | Section 1.1. Section 1073 of the act, amended January 14, |
12 | 1970 (1969 P.L.468, No.192) and January 16, 1974 (P.L.1, No.1), |
13 | is amended to read: |
14 | Section 1073. Manner of Election or Approval.--(a) The |
15 | board of school directors of each school district[, except in |
16 | school districts of the first class,] shall meet at its regular |
17 | place of meeting, during the last year of the term of the |
18 | district superintendent or at any other time when a vacancy |
19 | shall occur in the office of district superintendent, at an hour |
20 | previously fixed by the board. The secretary of each board of |
21 | school directors shall mail to each member thereof at least five |
22 | days beforehand, a notice of the time, place and purpose of such |
23 | meeting. At such meeting the board shall elect or approve a |
24 | properly qualified district superintendent to enter into a |
25 | contract to serve a term of [from] three to five years from the |
26 | first day of July next following his election or from a time |
27 | mutually agreed upon by the duly elected district superintendent |
28 | and the board of school directors. If the qualified district |
29 | superintendent has no prior experience as a district |
30 | superintendent, the initial contract shall be for a period not |
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1 | to exceed three years. The contract shall be subject to the act |
2 | of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know |
3 | Law." |
4 | (b) At a regular meeting of the board of school directors |
5 | occurring at least one hundred fifty (150) days prior to the |
6 | expiration date of the term of office of the district |
7 | superintendent, the agenda shall include an item requiring |
8 | affirmative action by five or more members of the board of |
9 | school directors to notify the district superintendent that the |
10 | board intends to retain him for a further term of [from] three |
11 | (3) to five (5) years or that another or other candidates will |
12 | be considered for the office. In the event that the board fails |
13 | to take such action at a regular meeting of the board of school |
14 | directors occurring at least one hundred fifty (150) days prior |
15 | to the expiration date of the term of office of the district |
16 | superintendent, he shall continue in office for a further term |
17 | of similar length to that which he is serving. |
18 | (d) The term of office or commission of a district |
19 | superintendent or assistant district superintendent shall not be |
20 | shortened by reason of the fact that the district in which he |
21 | serves shall be come part of a joint school, or by reason of the |
22 | fact that the district in which he serves shall become a part of |
23 | a new school district established as the result of |
24 | reorganization of school districts pursuant to Article II., |
25 | subdivision (i) or section 224 of this act. Any district |
26 | superintendent, assistant districts superintendent or |
27 | supervising principal not selected as the district |
28 | superintendent of the joint school or newly established school |
29 | district in which the district he serves becomes a part shall be |
30 | assigned to a position or office for which he is eligible: |
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1 | Provided, however, That in a new school district reorganized |
2 | under Article II., subdivision (i) or section 224 of this act, |
3 | he shall be assigned to a position or office which is |
4 | administrative or supervisory in nature only, but there shall be |
5 | no reduction in salary until the expiration of his commission. |
6 | Thereafter, unless elected to an office requiring a commission |
7 | he shall have the status of a professional employe: Provided, |
8 | That the board of school directors may adjust the salary |
9 | according to the classification of the position to which he may |
10 | be assigned, and that the period of service as a commissioned |
11 | district superintendent, assistant district superintendent or |
12 | associate superintendent shall be counted as time served as a |
13 | professional employe in determining his seniority rights. |
14 | (e) The following shall apply: |
15 | (1) Notwithstanding any other provision of law, no |
16 | individual shall be employed as a district superintendent or |
17 | assistant district superintendent by a school district except |
18 | pursuant to a written contract of employment expressly stating |
19 | the terms and conditions of employment. |
20 | (2) A contract for the employment of a district |
21 | superintendent or assistant district superintendent shall do all |
22 | of the following: |
23 | (i) Contain the mutual and complete agreement between the |
24 | district superintendent or assistant district superintendent and |
25 | the board of school directors with respect to the terms and |
26 | conditions of employment. |
27 | (ii) Consistent with State Board of Education certification |
28 | requirements, specify the duties, responsibilities, job |
29 | description and performance expectations, including performance |
30 | standards and assessments provided for under section 1073.1. |
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1 | (iii) Incorporate all provisions relating to compensation |
2 | and benefits to be paid to or on behalf of the district |
3 | superintendent or assistant district superintendent. |
4 | (iv) Specify the term of employment and state that the |
5 | contract shall terminate immediately, except as otherwise |
6 | provided under this section, upon the expiration of the term |
7 | unless the contract is allowed to renew automatically under |
8 | subsection (b). |
9 | (v) Specify the termination, buyout and severance |
10 | provisions, including all postemployment compensation and the |
11 | period of time in which the compensation shall be provided. |
12 | Termination, buyout and severance provisions may not be modified |
13 | during the course of the contract or in the event a contract is |
14 | terminated prematurely. |
15 | (vi) Contain provisions relating to outside work that may be |
16 | performed, if any. |
17 | (vii) State that any modification to the contract must be in |
18 | writing. |
19 | (viii) State that the contract shall be governed by the laws |
20 | of this Commonwealth. |
21 | (ix) Limit compensation for unused sick leave in new |
22 | employment contracts entered into after the effective date of |
23 | this subsection for district superintendents or assistant |
24 | district superintendents who have no prior experience as a |
25 | district superintendent or assistant district superintendent to |
26 | the maximum compensation for unused sick leave under the school |
27 | district's administrator compensation plan under section 1164 in |
28 | effect at the time of the contract. |
29 | (x) Limit transferred sick leave from previous employment to |
30 | not more than thirty (30) days in new employment contracts after |
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1 | the effective date of this subsection for district |
2 | superintendents or assistant district superintendents who have |
3 | no prior experience as a district superintendent or assistant |
4 | district superintendent. |
5 | (xi) Specify postretirement benefits and the period of time |
6 | in which the benefits shall be provided. |
7 | (3) No agreement between the board of school directors and a |
8 | district superintendent or assistant district superintendent for |
9 | a negotiated severance of employment prior to the end of the |
10 | specified contract term shall provide for severance compensation |
11 | to the district superintendent or assistant district |
12 | superintendent, including the reasonable value of any noncash |
13 | severance benefits or postemployment benefits not otherwise |
14 | accruing under the contract or pursuant to law, that: |
15 | (i) If the agreement takes effect two years or more prior to |
16 | the end of the specified contract term, exceeds the equivalent |
17 | of one year's compensation and benefits otherwise due under the |
18 | contract. |
19 | (ii) If the agreement takes effect less than two years prior |
20 | to the end of the specified contract term, exceeds the |
21 | equivalent of one-half of the total compensation and benefits |
22 | due under the contract for the remainder of the term. |
23 | Section 2. The act is amended by adding a section to read: |
24 | Section 1073.1. Performance Review.--(a) In addition to any |
25 | other requirements provided for under this act, the employment |
26 | contract for a district superintendent or assistant district |
27 | superintendent shall include objective performance standards |
28 | mutually agreed to in writing by the board of school directors |
29 | and the district superintendent or assistant district |
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1 | superintendent. The objective performance standards may be based |
2 | upon the following: |
3 | (1) achievement of annual measurable objectives established |
4 | by the school district; |
5 | (2) achievement on Pennsylvania System of School Assessment |
6 | (PSSA) tests; |
7 | (3) achievement on Keystone Exams; |
8 | (4) student growth as measured by the Pennsylvania Value- |
9 | Added Assessment System; |
10 | (5) attrition rates or graduation rates; |
11 | (6) financial management standards; |
12 | (7) standards of operational excellence; or |
13 | (8) any additional criteria deemed relevant and mutually |
14 | agreed to by the board of school directors and the district |
15 | superintendent or assistant district superintendent. |
16 | (b) The board of school directors shall conduct a formal |
17 | written performance assessment of the district superintendent |
18 | and assistant district superintendent annually. A time frame for |
19 | the assessment shall be included in the contract. |
20 | (b.1) The board of school directors shall post the mutually |
21 | agreed to objective performance standards contained in the |
22 | contract on the school district's publicly accessible Internet |
23 | website. Upon completion of the annual performance assessment, |
24 | the board of school directors shall post the date of the |
25 | assessment and whether or not the district superintendent and |
26 | assistant district superintendent have met the agreed to |
27 | objective performance standards on the school district's |
28 | publicly accessible Internet website. |
29 | (c) The State Board of Education may promulgate regulations |
30 | pursuant to the act of June 25, 1982 (P.L.633, No.181), known as |
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1 | the "Regulatory Review Act," in order to implement this section. |
2 | Section 3. Sections 1076 and 1077 of the act, amended |
3 | January 16, 1974 (P.L.1, No.1), are amended to read: |
4 | Section 1076. Election of Assistant District |
5 | Superintendents[, Except in Districts First Class].--[Except in |
6 | districts of the first class, assistant] Assistant district |
7 | superintendents shall be chosen by a majority vote of all the |
8 | members of the board of school directors of the district, for a |
9 | term of [from] three to five years upon the nomination by the |
10 | district superintendent. If the assistant district |
11 | superintendent has no prior experience as a district |
12 | superintendent or assistant district superintendent, the initial |
13 | contract shall be for a period not to exceed three years. |
14 | Section 1077. Term and Salary of Assistants.--Assistant |
15 | district superintendents may serve through the term of the |
16 | district superintendent, or enter a contract for a term of |
17 | [from] three to five years at salaries paid by the district, and |
18 | fixed by a majority vote of the whole board of school directors |
19 | prior to their election. If the assistant district |
20 | superintendent has no prior experience as a district |
21 | superintendent or assistant district superintendent, the initial |
22 | contract shall be for a period not to exceed three years. The |
23 | contract shall be subject to the act of February 14, 2008 |
24 | (P.L.6, No.3), known as the "Right-to-Know Law." |
25 | At a regular meeting of the board of school directors |
26 | occurring at least one hundred fifty (150) days prior to the |
27 | expiration date of the term of office of the assistant district |
28 | superintendent, the agenda shall include an item requiring |
29 | affirmative action by five (5) or more members of the board of |
30 | school directors to notify the assistant district superintendent |
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1 | that the board intends to retain him for a further term of |
2 | [from] three (3) to five (5) years or that another or other |
3 | candidates will be considered for the office. In the event that |
4 | the board fails to take such action at a regular meeting of the |
5 | board of school directors occurring at least one hundred fifty |
6 | (150) days prior to the expiration date of the term of office of |
7 | the assistant district superintendent, he shall continue in |
8 | office for a further term of similar length to that which he is |
9 | serving. |
10 | Section 4. Section 1078 of the act, amended January 14, 1970 |
11 | (1969 P.L.468, No.192), is amended to read: |
12 | Section 1078. Commissions.--District superintendents and |
13 | assistant district superintendents shall be commissioned by the |
14 | [Superintendent of Public Instruction] Secretary of Education. |
15 | Section 5. Sections 1080 and 2104 of the act are amended to |
16 | read: |
17 | Section 1080. Removal.--(a) District superintendents and |
18 | assistant district superintendents may be removed from office |
19 | and have their contracts terminated, after hearing, by a |
20 | majority vote of the board of school directors of the district, |
21 | for neglect of duty, incompetency, intemperance, or immorality, |
22 | of which hearing notice of at least one week has been sent by |
23 | mail to the accused, as well as to each member of the board of |
24 | school directors. |
25 | (b) The board of school directors shall publicly disclose at |
26 | the next regularly scheduled monthly meeting the cause or reason |
27 | for the removal from office of a district superintendent or |
28 | assistant district superintendent under subsection (a). |
29 | (c) Proceedings under this section shall be held under 2 |
30 | Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of |
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1 | local agencies). |
2 | Section 2104. Superintendents of Schools or Buildings and of |
3 | Supplies.--The board of public education in each school district |
4 | of the first class shall, whenever a vacancy in said office |
5 | shall occur, appoint a district superintendent, who shall be |
6 | designated and known as superintendent of schools[, for a term |
7 | of not more than six (6) years]. The board may also appoint a |
8 | superintendent of buildings and a superintendent of supplies. |
9 | The board shall prescribe the terms and duties and fix the |
10 | salaries of each of such employes. They shall be responsible to |
11 | the board for the conduct of their respective departments, shall |
12 | make annual reports to the board, and shall from time to time |
13 | submit such plans and suggestions for the improvement of the |
14 | schools and the school system as they shall deem expedient or as |
15 | the board of public education may require. |
16 | The superintendent of buildings shall be an engineer or |
17 | architect of good standing in his profession. The superintendent |
18 | of buildings and the superintendent of supplies shall each give |
19 | such security for the faithful performance of the duties of |
20 | their respective offices as the board of public education shall |
21 | prescribe. |
22 | Section 6. The amendment or addition of sections 1003(b), | <-- |
23 | 1073, 1073.1, 1076, 1077, 1078 and 1080 of the act shall apply |
24 | to contracts of district superintendents or assistant district |
25 | superintendents entered into or renewed on or after the |
26 | effective date of this section. |
27 | Section 7. This act shall take effect in 60 days. |
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