HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 1661, 1983

PRINTER'S NO.  2178

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1296

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 9, 2012   

  

  

  

AN ACT

  

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

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," in district superintendents and 

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assistant district superintendents, further providing for

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eligibility, for manner of election or approval; providing

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for performance review; and further providing for election of 

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assistant district superintendents, for term and salary of

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assistants and for removal; in school districts of the first 

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class, further providing for superintendents of schools or

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buildings and of supplies; and making an editorial change.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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

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

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

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Section 1.  Section 1003(b) of the act of March 10, 1949

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

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amended June 30, 2011 (P.L.112, No.24), is amended to read:

 


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Section 1003.  Eligibility.--* * *

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(b)  Notwithstanding the requirements of subsection (a), a

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person shall be eligible for election or appointment as a

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district superintendent or assistant district superintendent if

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he holds a graduate degree from an accredited higher education

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institution in business, management or finance or has earned a

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juris doctorate degree from an accredited law school and has at

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least four (4) years of relevant experience in business,

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finance, law or management.

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* * *

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Section 1.1.  Section 1073 of the act, amended January 14,

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1970 (1969 P.L.468, No.192) and January 16, 1974 (P.L.1, No.1),

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is amended to read:

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

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

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

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

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district superintendent or at any other time when a vacancy

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

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

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school directors shall mail to each member thereof at least five

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

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

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properly qualified district superintendent to enter into a

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

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first day of July next following his election or from a time

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mutually agreed upon by the duly elected district superintendent

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and the board of school directors. If the qualified district

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superintendent has no prior experience as a district

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superintendent, the initial contract shall be for a period not

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to exceed three years. The contract shall be subject to the act

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

3

Law."

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

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

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expiration date of the term of office of the district

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superintendent, the agenda shall include an item requiring

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affirmative action by five or more members of the board of

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school directors to notify the district superintendent that the

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

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(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

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

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

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

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superintendent, he shall continue in office for a further term

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of similar length to that which he is serving.

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

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superintendent or assistant district superintendent shall not be

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

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

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

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a new school district established as the result of

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reorganization of school districts pursuant to Article II.,

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

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superintendent, assistant districts superintendent or

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supervising principal not selected as the district

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superintendent of the joint school or newly established school

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

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

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Provided, however, That in a new school district reorganized

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

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he shall be assigned to a position or office which is

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administrative or supervisory in nature only, but there shall be

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no reduction in salary until the expiration of his commission.

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Thereafter, unless elected to an office requiring a commission

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

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That the board of school directors may adjust the salary

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according to the classification of the position to which he may

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

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district superintendent, assistant district superintendent or

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associate superintendent shall be counted as time served as a

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professional employe in determining his seniority rights.

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(e)  The following shall apply:

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(1)  Notwithstanding any other provision of law, no

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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

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the terms and conditions of employment.

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(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:

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(i)  Contain the mutual and complete agreement between the 

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district superintendent or assistant district superintendent and

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the board of school directors with respect to the terms and

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conditions of employment.

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(ii)  Consistent with State Board of Education certification

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requirements, specify the duties, responsibilities, job

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description and performance expectations, including performance

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standards and assessments provided for under section 1073.1.

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(iii)  Incorporate all provisions relating to compensation

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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

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contract shall terminate immediately, except as otherwise

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provided under this section, upon the expiration of the term

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unless the contract is allowed to renew automatically under

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subsection (b).

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(v)  Specify the termination, buyout and severance

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provisions, including all postemployment compensation and the

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period of time in which the compensation shall be provided.

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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

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terminated prematurely.

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

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performed, if any.

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

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writing.

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

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of this Commonwealth.

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(ix)  Limit compensation for unused sick leave in new

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employment contracts entered into after the effective date of

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this subsection for district superintendents or assistant

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district superintendents who have no prior experience as a

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district superintendent or assistant district superintendent to

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the maximum compensation for unused sick leave under the school

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district's administrator compensation plan under section 1164 in

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effect at the time of the contract.

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(x)  Limit transferred sick leave from previous employment to

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not more than thirty (30) days in new employment contracts after

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the effective date of this subsection for district

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superintendents or assistant district superintendents who have

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no prior experience as a district superintendent or assistant

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district superintendent.

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(xi)  Specify postretirement benefits and the period of time

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in which the benefits shall be provided.

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

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district superintendent or assistant district superintendent for

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a negotiated severance of employment prior to the end of the

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specified contract term shall provide for severance compensation

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to the district superintendent or assistant district

12

superintendent, including the reasonable value of any noncash

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severance benefits or postemployment benefits not otherwise

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accruing under the contract or pursuant to law, that:

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

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the end of the specified contract term, exceeds the equivalent

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

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contract.

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

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to the end of the specified contract term, exceeds the

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equivalent of one-half of the total compensation and benefits

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due under the contract for the remainder of the term.

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

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

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other requirements provided for under this act, the employment

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contract for a district superintendent or assistant district

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superintendent shall include objective performance standards

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mutually agreed to in writing by the board of school directors

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and the district superintendent or assistant district

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superintendent. The objective performance standards may be based

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upon the following:

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(1)  achievement of annual measurable objectives established

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by the school district;

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(2)  achievement on Pennsylvania System of School Assessment

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(PSSA) tests;

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(3)  achievement on Keystone Exams;

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

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Added Assessment System;

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(5)  attrition rates or graduation rates;

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(6)  financial management standards;

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(7)  standards of operational excellence; or

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(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.

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

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written performance assessment of the district superintendent

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and assistant district superintendent annually. A time frame for

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the assessment shall be included in the contract.

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

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agreed to objective performance standards contained in the

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contract on the school district's publicly accessible Internet

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website. Upon completion of the annual performance assessment,

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the board of school directors shall post the date of the

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assessment and whether or not the district superintendent and

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assistant district superintendent have met the agreed to

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objective performance standards on the school district's

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publicly accessible Internet website.

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(c)  The State Board of Education may promulgate regulations

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

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

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

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

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Section 1076.  Election of Assistant District

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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

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members of the board of school directors of the district, for a

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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

12

superintendent or assistant district superintendent, the initial

13

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

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

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district superintendents may serve through the term of the

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district superintendent, or enter a contract for a term of

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

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

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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

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the assistant district superintendent, he shall continue in

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

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serving.

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

11

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

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Section 1078.  Commissions.--District superintendents and

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assistant district superintendents shall be commissioned by the

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[Superintendent of Public Instruction] Secretary of Education.

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Section 5.  Sections 1080 and 2104 of the act are amended to

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read:

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

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assistant district superintendents may be removed from office

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and have their contracts terminated, after hearing, by a

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

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for neglect of duty, incompetency, intemperance, or immorality,

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of which hearing notice of at least one week has been sent by

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

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school directors.

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(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).

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

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

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1

local agencies).

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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.

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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

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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.

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The superintendent of buildings shall be an engineer or

17

architect of good standing in his profession. The superintendent

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of buildings and the superintendent of supplies shall each give

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such security for the faithful performance of the duties of

20

their respective offices as the board of public education shall

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prescribe.

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Section 6.  The amendment or addition of sections 1003(b),

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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.

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

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