1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in professional employees, further
6providing for causes for suspension and for persons to be
7suspended.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1124(a) of the act of March 10, 1949
11(P.L.30, No.14), known as the Public School Code of 1949, is
12amended by adding a clause to read:

13Section 1124. Causes for Suspension.--(a) Any board of
14school directors may suspend the necessary number of
15professional employes, for any of the causes hereinafter
16enumerated:

17* * *

18(5) Economic reasons that require a reduction in
19professional employes.

1* * *

2Section 2. Section 1125.1 of the act, amended or added
3November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,
4No.117), is amended to read:

5Section 1125.1. Persons to be Suspended.--(a) Professional
6employes shall be suspended under section 1124 (relating to
7causes for suspension) [in inverse order of seniority within the
8school entity of current employment. Approved leaves of absence
9shall not constitute a break in service for purposes of
10computing seniority for suspension purposes.] based upon 
11educational program needs, the professional employe's 
12certifications or performance evaluations of employes within the 
13affected program areas. Seniority shall continue to accrue
14during suspension and all approved leaves of absence.

15(b) Where there is or has been a consolidation of schools,
16departments or programs, all professional employes shall retain
17the seniority rights they had prior to the reorganization or
18consolidation.

19[(c) A school entity shall realign its professional staff so
20as to insure that more senior employes are provided with the
21opportunity to fill positions for which they are certificated
22and which are being filled by less senior employes.]

23(d) (1) No suspended employe shall be prevented from
24engaging in another occupation during the period of suspension.

25(2) Suspended professional employes or professional employes
26demoted for the reasons set forth in section 1124 shall be
27reinstated on the basis of their [seniority] qualification to 
28teach a particular subject or grade level or to hold a 
29particular position, followed next by their seniority within the
30school entity. No new appointment shall be made while there is

1such a suspended or demoted professional employe available who
2is properly certificated to fill such vacancy. For the purpose
3of this subsection, positions from which professional employes
4are on approved leaves of absence shall also be considered
5temporary vacancies.

6(3) To be considered available a suspended professional
7employe must annually report to the governing board in writing
8his current address and his intent to accept the same or similar
9position when offered.

10(4) A suspended employe enrolled in a college program during
11a period of suspension and who is recalled shall be given the
12option of delaying his return to service until the end of the
13current semester.

14(e) Nothing contained in [section 1125.1(a) through (d)]
15this section shall be construed to:

16(1) limit the causes for which a temporary professional
17employe may be suspended; or

18(2)  supersede or preempt any provisions of a collective
19bargaining agreement negotiated by a school entity and an
20exclusive representative of the employes in accordance with the
21act of July 23, 1970 (P.L.563, No.195), known as the "Public
22Employe Relations Act"; however, no agreement shall prohibit the
23right of a professional employe who is not a member of a
24bargaining unit from retaining seniority rights under the
25provisions of this act.

26[(f) A decision to suspend in accordance with this section
27shall be considered an adjudication within the meaning of the
28"Local Agency Law."]

29(g) A collective bargaining agreement for professional 
30employes entered into after the effective date of this 

1subsection shall not include provisions prohibiting suspension 
2of professional employes for economic reasons pursuant to 
3section 1124(a)(5).

4Section 3. This act shall take effect immediately.