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PRIOR PRINTER'S NOS. 962, 1424
PRINTER'S NO. 1843
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
805
Session of
2015
INTRODUCED BY BLOOM, METCALFE, CUTLER, TRUITT, GROVE, McGINNIS,
SANKEY, KAUFFMAN, GRELL, HICKERNELL, MENTZER, FEE, GREINER,
KNOWLES, TOPPER, TALLMAN, EVERETT, MACKENZIE, CHRISTIANA,
MOUL, STAATS, SACCONE, DIAMOND, ZIMMERMAN, PHILLIPS-HILL,
WARD, IRVIN, ROAE, RAPP, KILLION, JOZWIAK, REGAN, QUIGLEY,
LAWRENCE, MARSICO, DUSH, MALONEY, KRIEGER, ORTITAY, GINGRICH,
SIMMONS, GABLER, RADER, B. MILLER, BENNINGHOFF, SCHEMEL,
SAYLOR AND GILLESPIE, MARCH 23, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2015
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," in professional employees, further
providing for temporary professional employees, for
contracts, execution and form, for causes for suspension and
for persons to be suspended and to receive tenure, for
collective bargaining agreements and for timing of appeal of
suspension; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1108 and 1121(b) of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
amended March 29, 1996 (P.L.47, No.16), are amended to read:
Section 1108. Temporary Professional Employes.--(a) It
shall be the duty of the district superintendent to notify each
temporary professional employe, at least twice each year during
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the period of his or her employment, of the professional
quality, professional progress, and rating of his or her
services. No temporary professional employe shall be dismissed
unless rated unsatisfactory, and notification, in writing, of
such unsatisfactory rating shall have been furnished the employe
within ten (10) days following the date of such rating. The
rating of a temporary professional employe shall be done as
provided in section one thousand one hundred twenty-three of
this act.
(b) (1) A temporary professional employe initially employed
by a school district prior to June 30, 1996, whose work has been
certified by the district superintendent to the secretary of the
school district, during the last four (4) months of the second
year of such service, as being satisfactory shall thereafter be
a "professional employe" within the meaning of this article.
(2) A temporary professional employe initially employed by a
school district, on or after June 30, 1996, but prior to June
30, 2015, whose work has been certified by the district
superintendent to the secretary of the school district, during
the last four (4) months of the third year of such service, as
being satisfactory shall thereafter be a "professional employe"
within the meaning of this article.
(2.1) A temporary professional employe initially employed by
a school district, on or after June 30, 2015, whose work has
been certified by the district superintendent to the secretary
of the school district, during the last four (4) months of the
fifth year of such service, as being satisfactory shall
thereafter be a "professional employe" within the meaning of
this article.
(3) The attainment of the status under paragraph (1) [or],
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(2) or (2.1) shall be recorded in the records of the board and
written notification thereof shall be sent also to the employe.
The employe shall then be tendered forthwith a regular contract
of employment as provided for professional employes. No
professional employe who has attained tenure status in any
school district of this Commonwealth shall thereafter be
required to serve as a temporary professional employe before
being tendered such a contract when employed by any other part
of the public school system of the Commonwealth.
(c) (1) Any temporary professional employe employed by a
school district prior to June 30, 1996, who is not tendered a
regular contract of employment at the end of two years of
service, rendered as herein provided, shall be given a written
statement signed by the president and secretary of the board of
school directors and setting forth explicitly the reason for
such refusal.
(2) Any temporary professional employe employed by a school
district after June 30, 1996, but prior to June 30, 2015, who is
not tendered a regular contract of employment at the end of
three years of service, rendered as herein provided, shall be
given a written statement signed by the president and secretary
of the board of school directors and setting forth explicitly
the reason for such refusal.
(3) Any temporary professional employe employed by a school
district on or after June 30, 2015, who is not tendered a
regular contract of employment at the end of five (5) years of
service, rendered as herein provided, shall be given a written
statement signed by the president and secretary of the board of
school directors and setting forth explicitly the reason for
such refusal.
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(d) Temporary professional employes shall for all purposes,
except tenure status, be viewed in law as full-time employes,
and shall enjoy all the rights and privileges of regular full-
time employes.
Section 1121. Contracts; Execution; Form.--* * *
(b) (1) Each board of school directors in all school
districts shall hereafter enter into contracts, in writing, with
each professional employe initially employed by a school
district prior to June 30, 1996, who has satisfactorily
completed two (2) years of service in any school district of
this Commonwealth.
(2) Each board of school directors in all school districts
shall hereafter enter into contracts, in writing, with each
professional employe initially employed by a school district, on
or after June 30, 1996, but prior to June 30, 2015, who has
satisfactorily completed three (3) years of service in any
school district of this Commonwealth.
(3) Each board of school directors in all school districts
shall only hereafter enter into contracts, in writing, with each
professional employe initially employed by a school district, on
or after June 30, 2015, who has satisfactorily completed five
(5) years of service in any school district of this Commonwealth
and received overall performance ratings of "distinguished" or
"proficient" on both of the professional employe's two most
recent end-of-year performance evaluations pursuant to section
1123 at the school district of current employment.
* * *
Section 2. Section 1124 of the act, amended June 30, 2012
(P.L.684, No.82), is amended to read:
Section 1124. Causes for Suspension.--(a) Any board of
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school directors may suspend the necessary number of
professional employes, for any of the causes hereinafter
enumerated:
(1) substantial decrease in pupil enrollment in the school
district;
(2) curtailment or alteration of the educational program on
recommendation of the superintendent and on concurrence by the
board of school directors, as a result of substantial decline in
class or course enrollments or to conform with standards of
organization or educational activities required by law or
recommended by the Department of [Public Instruction] Education;
(3) consolidation of schools, whether within a single
district, through a merger of districts, or as a result of joint
board agreements, when such consolidation makes it unnecessary
to retain the full staff of professional employes; [or]
(4) when new school districts are established as the result
of reorganization of school districts pursuant to Article II.,
subdivision (i) of this act, and when such reorganization makes
it unnecessary to retain the full staff of professional
employes[.]; or
(5) economic reasons that require a reduction in
professional employes.
(a.1) A school district may not use an employe's
compensation in determining which professional employes to
suspend, but shall use the procedures in section 1125.1 to
determine the order in which professional employes are
suspended.
(b) Notwithstanding an existing or future provision in a
collective bargaining agreement or other similar employment
contract to the contrary, suspension of a professional employe
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due to the curtailment or alteration of the educational program
as set forth in subsection (a)(2) may be effectuated without the
approval of the curtailment or alteration of the educational
program by the Department of Education, provided that, where an
educational program is altered or curtailed as set forth in
subsection (a)(2), the school district shall notify the
Department of Education of the actions taken pursuant to
subsection (a)(2). The Department of Education shall post all
notifications received from a school district pursuant to this
subsection on the Department of Education's publicly accessible
Internet website.
(c) (1) A collective bargaining agreement negotiated by a
school district and an exclusive representative of professional
employes in accordance with the act of July 23, 1970 (P.L.563,
No.195), known as the "Public Employe Relations Act," after the
effective date of this subsection may not prohibit the
suspension of professional employes for economic reasons other
than as provided for in this section.
(2) A provision in any agreement or contract in effect on
the effective date of this subsection that prohibits the
suspension of professional employes for economic reasons in
conflict with this section shall be discontinued in any new or
renewed agreement or contract or during the period of status quo
following an expired contract.
Section 3. Section 1125.1 of the act, amended or added
November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,
No.117), is amended to read:
Section 1125.1. Persons to be Suspended.--(a) Professional
employes shall be suspended under section 1124 [(relating to
causes for suspension) in inverse order of seniority within the
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school entity of current employment. Approved leaves of absence
shall not constitute a break in service for purposes of
computing seniority for suspension purposes.] in the following
order within the area of certification required by law for the
professional employe's current position:
(1) Each professional employe who received an overall
performance rating of "failing" on the professional employe's
most recent end-of-year performance rating shall be suspended
first.
(2) After suspending professional employes under paragraph
(1), each professional employe who received an overall
performance rating of "needs improvement" on the professional
employe's most recent end-of-year performance rating shall be
suspended second.
(3) After suspending professional employes under paragraph
(2), each professional employe who received an overall
performance rating of "proficient" on the professional employe's
most recent end-of-year performance rating shall be suspended
third.
(4) After suspending professional employes under paragraph
(3), each professional employe who received an overall
performance rating of "distinguished" on the professional
employe's most recent end-of-year performance rating shall be
suspended last.
(a.1) When more professional employes receive the same
overall performance rating than there are suspensions, seniority
within the school entity shall be used to determine suspensions
among professional employes with the same overall performance
rating on the employe's most recent performance evaluation
pursuant to section 1123.
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(a.2) Seniority shall continue to accrue during suspension
and all approved leaves of absence.
(b) Where there is or has been a consolidation of schools,
departments or programs, all professional employes shall retain
the seniority rights they had prior to the reorganization or
consolidation.
[(c) A school entity shall realign its professional staff so
as to insure that more senior employes are provided with the
opportunity to fill positions for which they are certificated
and which are being filled by less senior employes.]
(d) (1) No suspended employe shall be prevented from
engaging in another occupation during the period of suspension.
(2) Suspended professional employes or professional employes
demoted for the reasons set forth in section 1124 shall be
reinstated on the basis of their [seniority] overall performance
rating on their most recent performance evaluation within the
area of certification required by law for the position held by
the professional employe on the date the professional employe
was suspended or demoted, with the highest rated employes
reinstated first, except seniority within the school entity[.]
shall be used to make reinstatement decisions among teachers
with the same overall performance rating on their most recent
end-of-year performance evaluation . No new appointment shall be
made while there is such a suspended or demoted professional
employe available who is properly certificated to fill such
vacancy. For the purpose of this subsection, positions from
which professional employes are on approved leaves of absence
shall also be considered temporary vacancies.
(3) To be considered available a suspended professional
employe must annually report to the governing board in writing
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his current address and his intent to accept the same or similar
position when offered.
(4) A suspended employe enrolled in a college program during
a period of suspension and who is recalled shall be given the
option of delaying his return to service until the end of the
current semester.
(e) Nothing contained in [section 1125.1(a) through (d)]
this section shall be construed to:
(1) limit the cause for which a temporary professional
employe may be suspended; or
(2) supersede or preempt any provisions of a collective
bargaining agreement negotiated by a school entity and an
exclusive representative of the employes in accordance with the
act of July 23, 1970 (P.L.563, No.195), known as the "Public
Employe Relations Act"; however, no agreement shall prohibit the
right of a professional employe who is not a member of a
bargaining unit from retaining seniority rights under the
provisions of this act.
(f) A decision to suspend in accordance with this section
shall be considered an adjudication within the meaning of the
"Local Agency Law."
(g) (1) No collective bargaining agreement negotiated by a
school district and an exclusive representative of the employes
in accordance with the "Public Employe Relations Act" after the
effective date of this subsection shall provide for suspending,
reinstating or realigning professional employes based on
seniority other than as provided for in this section.
(2) Upon the expiration, amendment or adoption of any
agreement or contract, a provision that provides for suspending,
reinstating or realigning professional employes based on
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seniority in conflict with this section shall be discontinued in
any new or renewed agreement or contract or during the period of
status quo following an expired contract.
Section 4. Section 1131 of the act is amended to read:
Section 1131. Appeals to [Superintendent of Public
Instruction] Secretary of Education.--In case the professional
employe concerned considers himself or herself aggrieved by the
action of the board of school directors, an appeal by petition,
setting forth the grounds for such appeal, may be taken to the
[Superintendent of Public Instruction] Secretary of Education at
Harrisburg. Such appeal shall be filed within [thirty (30)]
fifteen (15) days after receipt by registered mail of the
written notice of the decision of the board. A copy of such
appeal shall be served by registered mail on the secretary of
the school board.
The [Superintendent of Public Instruction] Secretary of
Education shall fix a day and time for hearing, which shall be
not sooner than ten (10) days nor more than thirty (30) days
after presentation of such petition, and shall give written
notice to all parties interested.
The [Superintendent of Public Instruction] Secretary of
Education shall review the official transcript of the record of
the hearing before the board, and may hear and consider such
additional testimony as he may deem advisable to enable him to
make a proper order. At said hearing the litigants shall have
the right to be heard in person or by counsel or both.
After hearing and argument and reviewing all the testimony
filed or taken before him, the [Superintendent of Public
Instruction] Secretary of Education shall enter such order,
either affirming or reversing the action of the board of school
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directors, as to him appears just and proper.
Section 5. This act shall take effect as follows:
(1) The amendment or addition of sections 1124(c) and
1125.1(g) of the act shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect June 30,
2015.
SECTION 1. SECTIONS 1108 AND 1121(B) OF THE ACT OF MARCH 10,
1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
AMENDED MARCH 29, 1996 (P.L.47, NO.16), ARE AMENDED TO READ:
SECTION 1108. TEMPORARY PROFESSIONAL EMPLOYES.--(A) IT
SHALL BE THE DUTY OF THE DISTRICT SUPERINTENDENT TO NOTIFY EACH
TEMPORARY PROFESSIONAL EMPLOYE, AT LEAST TWICE EACH YEAR DURING
THE PERIOD OF HIS OR HER EMPLOYMENT, OF THE PROFESSIONAL
QUALITY, PROFESSIONAL PROGRESS, AND RATING OF HIS OR HER
SERVICES. NO TEMPORARY PROFESSIONAL EMPLOYE SHALL BE DISMISSED
UNLESS RATED UNSATISFACTORY, AND NOTIFICATION, IN WRITING, OF
SUCH UNSATISFACTORY RATING SHALL HAVE BEEN FURNISHED THE EMPLOYE
WITHIN TEN (10) DAYS FOLLOWING THE DATE OF SUCH RATING. THE
RATING OF A TEMPORARY PROFESSIONAL EMPLOYE SHALL BE DONE AS
PROVIDED IN SECTION ONE THOUSAND ONE HUNDRED TWENTY-THREE OF
THIS ACT.
(B) (1) A TEMPORARY PROFESSIONAL EMPLOYE INITIALLY EMPLOYED
BY A SCHOOL DISTRICT PRIOR TO JUNE 30, 1996, WHOSE WORK HAS BEEN
CERTIFIED BY THE DISTRICT SUPERINTENDENT TO THE SECRETARY OF THE
SCHOOL DISTRICT, DURING THE LAST FOUR (4) MONTHS OF THE SECOND
YEAR OF SUCH SERVICE, AS BEING SATISFACTORY SHALL THEREAFTER BE
A "PROFESSIONAL EMPLOYE" WITHIN THE MEANING OF THIS ARTICLE.
(2) A TEMPORARY PROFESSIONAL EMPLOYE INITIALLY EMPLOYED BY A
SCHOOL DISTRICT, ON OR AFTER JUNE 30, 1996, BUT PRIOR TO JUNE
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30, 2015, WHOSE WORK HAS BEEN CERTIFIED BY THE DISTRICT
SUPERINTENDENT TO THE SECRETARY OF THE SCHOOL DISTRICT, DURING
THE LAST FOUR (4) MONTHS OF THE THIRD YEAR OF SUCH SERVICE, AS
BEING SATISFACTORY SHALL THEREAFTER BE A "PROFESSIONAL EMPLOYE"
WITHIN THE MEANING OF THIS ARTICLE.
(2.1) A TEMPORARY PROFESSIONAL EMPLOYE INITIALLY EMPLOYED BY
A SCHOOL DISTRICT, ON OR AFTER JUNE 30, 2015, WHOSE WORK HAS
BEEN CERTIFIED BY THE DISTRICT SUPERINTENDENT TO THE SECRETARY
OF THE SCHOOL DISTRICT, DURING THE LAST FOUR (4) MONTHS OF THE
THIRD YEAR OF SUCH SERVICE, OR, IN THE CASE OF A TEMPORARY
PROFESSIONAL EMPLOYE WHOSE TEMPORARY PROFESSIONAL STATUS WAS
EXTENDED FOR ONE ADDITIONAL YEAR BY THE DISTRICT SUPERINTENDENT
PURSUANT TO PARAGRAPH (2.2), DURING THE LAST FOUR (4) MONTHS OF
THE FOURTH YEAR OF SUCH SERVICE, AS BEING SATISFACTORY SHALL
THEREAFTER BE A "PROFESSIONAL EMPLOYE" WITHIN THE MEANING OF
THIS ARTICLE.
(2.2) THE DISTRICT SUPERINTENDENT MAY EXTEND THE TEMPORARY
PROFESSIONAL STATUS OF AN EMPLOYE BY ONE ADDITIONAL YEAR WHEN,
IN THE PROFESSIONAL JUDGMENT OF THE DISTRICT SUPERINTENDENT,
FURTHER EVALUATION OF THE TEMPORARY PROFESSIONAL EMPLOYE IS
NECESSARY PRIOR TO CERTIFYING THE WORK OF THE TEMPORARY
PROFESSIONAL EMPLOYE AS SATISFACTORY. TO EXTEND THE TEMPORARY
PROFESSIONAL STATUS OF AN EMPLOYE UNDER THIS PARAGRAPH, THE
DISTRICT SUPERINTENDENT MUST PROVIDE THE TEMPORARY PROFESSIONAL
EMPLOYE, DURING THE LAST FOUR (4) MONTHS OF THE THIRD YEAR OF
THE TEMPORARY PROFESSIONAL EMPLOYE'S SERVICE, WITH A WRITTEN
STATEMENT, SIGNED BY THE DISTRICT SUPERINTENDENT, SETTING FORTH
THE SPECIFIC REASON FOR THE EXTENSION.
(3) THE ATTAINMENT OF THE STATUS UNDER PARAGRAPH (1) [OR],
(2) OR (2.1) SHALL BE RECORDED IN THE RECORDS OF THE BOARD AND
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WRITTEN NOTIFICATION THEREOF SHALL BE SENT ALSO TO THE EMPLOYE.
THE EMPLOYE SHALL THEN BE TENDERED FORTHWITH A REGULAR CONTRACT
OF EMPLOYMENT AS PROVIDED FOR PROFESSIONAL EMPLOYES. NO
PROFESSIONAL EMPLOYE WHO HAS ATTAINED TENURE STATUS IN ANY
SCHOOL DISTRICT OF THIS COMMONWEALTH SHALL THEREAFTER BE
REQUIRED TO SERVE AS A TEMPORARY PROFESSIONAL EMPLOYE BEFORE
BEING TENDERED SUCH A CONTRACT WHEN EMPLOYED BY ANY OTHER PART
OF THE PUBLIC SCHOOL SYSTEM OF THE COMMONWEALTH.
(C) (1) ANY TEMPORARY PROFESSIONAL EMPLOYE EMPLOYED BY A
SCHOOL DISTRICT PRIOR TO JUNE 30, 1996, WHO IS NOT TENDERED A
REGULAR CONTRACT OF EMPLOYMENT AT THE END OF TWO YEARS OF
SERVICE, RENDERED AS HEREIN PROVIDED, SHALL BE GIVEN A WRITTEN
STATEMENT SIGNED BY THE PRESIDENT AND SECRETARY OF THE BOARD OF
SCHOOL DIRECTORS AND SETTING FORTH EXPLICITLY THE REASON FOR
SUCH REFUSAL.
(2) ANY TEMPORARY PROFESSIONAL EMPLOYE EMPLOYED BY A SCHOOL
DISTRICT AFTER JUNE 30, 1996, BUT PRIOR TO JUNE 30, 2015, WHO IS
NOT TENDERED A REGULAR CONTRACT OF EMPLOYMENT AT THE END OF
THREE YEARS OF SERVICE, RENDERED AS HEREIN PROVIDED, SHALL BE
GIVEN A WRITTEN STATEMENT SIGNED BY THE PRESIDENT AND SECRETARY
OF THE BOARD OF SCHOOL DIRECTORS AND SETTING FORTH EXPLICITLY
THE REASON FOR SUCH REFUSAL.
(3) ANY TEMPORARY PROFESSIONAL EMPLOYE EMPLOYED BY A SCHOOL
DISTRICT ON OR AFTER JUNE 30, 2015, WHO IS NOT TENDERED A
REGULAR CONTRACT OF EMPLOYMENT AT THE END OF THREE (3) YEARS OF
SERVICE, OR, IN THE CASE OF A TEMPORARY PROFESSIONAL EMPLOYE
WHOSE TEMPORARY PROFESSIONAL STATUS WAS EXTENDED FOR ONE
ADDITIONAL YEAR BY THE DISTRICT SUPERINTENDENT PURSUANT TO
SUBSECTION (B)(2.2), AT THE END OF FOUR (4) YEARS OF SERVICE,
RENDERED AS HEREIN PROVIDED, SHALL BE GIVEN A WRITTEN STATEMENT
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SIGNED BY THE PRESIDENT AND SECRETARY OF THE BOARD OF SCHOOL
DIRECTORS AND SETTING FORTH EXPLICITLY THE REASON FOR SUCH
REFUSAL.
(D) TEMPORARY PROFESSIONAL EMPLOYES SHALL FOR ALL PURPOSES,
EXCEPT TENURE STATUS, BE VIEWED IN LAW AS FULL-TIME EMPLOYES,
AND SHALL ENJOY ALL THE RIGHTS AND PRIVILEGES OF REGULAR FULL-
TIME EMPLOYES.
SECTION 1121. CONTRACTS; EXECUTION; FORM.--* * *
(B) (1) EACH BOARD OF SCHOOL DIRECTORS IN ALL SCHOOL
DISTRICTS SHALL HEREAFTER ENTER INTO CONTRACTS, IN WRITING, WITH
EACH PROFESSIONAL EMPLOYE INITIALLY EMPLOYED BY A SCHOOL
DISTRICT PRIOR TO JUNE 30, 1996, WHO HAS SATISFACTORILY
COMPLETED TWO (2) YEARS OF SERVICE IN ANY SCHOOL DISTRICT OF
THIS COMMONWEALTH.
(2) EACH BOARD OF SCHOOL DIRECTORS IN ALL SCHOOL DISTRICTS
SHALL HEREAFTER ENTER INTO CONTRACTS, IN WRITING, WITH EACH
PROFESSIONAL EMPLOYE INITIALLY EMPLOYED BY A SCHOOL DISTRICT, ON
OR AFTER JUNE 30, 1996, BUT PRIOR TO JUNE 30, 2015, WHO HAS
SATISFACTORILY COMPLETED THREE (3) YEARS OF SERVICE IN ANY
SCHOOL DISTRICT OF THIS COMMONWEALTH.
(3) EACH BOARD OF SCHOOL DIRECTORS IN ALL SCHOOL DISTRICTS
SHALL ONLY HEREAFTER ENTER INTO CONTRACTS, IN WRITING, WITH EACH
PROFESSIONAL EMPLOYE INITIALLY EMPLOYED BY A SCHOOL DISTRICT, ON
OR AFTER JUNE 30, 2015, WHO HAS SATISFACTORILY COMPLETED THREE
(3) YEARS OF SERVICE OR, IN THE CASE OF A TEMPORARY PROFESSIONAL
EMPLOYE WHOSE TEMPORARY PROFESSIONAL CONTRACT IS EXTENDED BY THE
DISTRICT SUPERINTENDENT FOR ONE ADDITIONAL YEAR AND WHO HAS
SATISFACTORILY COMPLETED FOUR (4) YEARS OF SERVICE, IN ANY
SCHOOL DISTRICT OF THIS COMMONWEALTH AND RECEIVED OVERALL
PERFORMANCE RATINGS OF "DISTINGUISHED" OR "PROFICIENT" ON BOTH
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OF THE PROFESSIONAL EMPLOYE'S TWO (2) MOST RECENT END-OF-YEAR
PERFORMANCE EVALUATIONS PURSUANT TO SECTION 1123 AT THE SCHOOL
DISTRICT OF CURRENT EMPLOYMENT.
* * *
SECTION 2. SECTION 1124 OF THE ACT, AMENDED JUNE 30, 2012
(P.L.684, NO.82), IS AMENDED TO READ:
SECTION 1124. CAUSES FOR SUSPENSION.--(A) ANY BOARD OF
SCHOOL DIRECTORS MAY SUSPEND THE NECESSARY NUMBER OF
PROFESSIONAL EMPLOYES, FOR ANY OF THE CAUSES HEREINAFTER
ENUMERATED:
(1) SUBSTANTIAL DECREASE IN PUPIL ENROLLMENT IN THE SCHOOL
DISTRICT;
(2) CURTAILMENT OR ALTERATION OF THE EDUCATIONAL PROGRAM ON
RECOMMENDATION OF THE SUPERINTENDENT AND ON CONCURRENCE BY THE
BOARD OF SCHOOL DIRECTORS, AS A RESULT OF SUBSTANTIAL DECLINE IN
CLASS OR COURSE ENROLLMENTS OR TO CONFORM WITH STANDARDS OF
ORGANIZATION OR EDUCATIONAL ACTIVITIES REQUIRED BY LAW OR
RECOMMENDED BY THE DEPARTMENT OF [PUBLIC INSTRUCTION] EDUCATION;
(3) CONSOLIDATION OF SCHOOLS, WHETHER WITHIN A SINGLE
DISTRICT, THROUGH A MERGER OF DISTRICTS, OR AS A RESULT OF JOINT
BOARD AGREEMENTS, WHEN SUCH CONSOLIDATION MAKES IT UNNECESSARY
TO RETAIN THE FULL STAFF OF PROFESSIONAL EMPLOYES; [OR]
(4) WHEN NEW SCHOOL DISTRICTS ARE ESTABLISHED AS THE RESULT
OF REORGANIZATION OF SCHOOL DISTRICTS PURSUANT TO ARTICLE II.,
SUBDIVISION (I) OF THIS ACT, AND WHEN SUCH REORGANIZATION MAKES
IT UNNECESSARY TO RETAIN THE FULL STAFF OF PROFESSIONAL
EMPLOYES[.]; OR
(5) ECONOMIC REASONS THAT REQUIRE A REDUCTION IN
PROFESSIONAL EMPLOYES, PROVIDED THAT A PROFESSIONAL EMPLOYE WHO
RECEIVED AN OVERALL PERFORMANCE RATING OF "DISTINGUISHED" ON AT
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LEAST TWO (2) OF THE PROFESSIONAL EMPLOYE'S MOST RECENT THREE
(3) END-OF-YEAR PERFORMANCE RATINGS MAY NOT BE SUSPENDED FOR
ECONOMIC REASONS UNDER THIS PARAGRAPH.
(A.1) A SCHOOL DISTRICT MAY NOT USE AN EMPLOYE'S
COMPENSATION IN DETERMINING WHICH PROFESSIONAL EMPLOYES TO
SUSPEND, BUT SHALL USE THE PROCEDURES IN SECTION 1125.1 TO
DETERMINE THE ORDER IN WHICH PROFESSIONAL EMPLOYES ARE
SUSPENDED.
(B) NOTWITHSTANDING AN EXISTING OR FUTURE PROVISION IN A
COLLECTIVE BARGAINING AGREEMENT OR OTHER SIMILAR EMPLOYMENT
CONTRACT TO THE CONTRARY, SUSPENSION OF A PROFESSIONAL EMPLOYE
DUE TO THE CURTAILMENT OR ALTERATION OF THE EDUCATIONAL PROGRAM
AS SET FORTH IN SUBSECTION (A)(2) MAY BE EFFECTUATED WITHOUT THE
APPROVAL OF THE CURTAILMENT OR ALTERATION OF THE EDUCATIONAL
PROGRAM BY THE DEPARTMENT OF EDUCATION, PROVIDED THAT, WHERE AN
EDUCATIONAL PROGRAM IS ALTERED OR CURTAILED AS SET FORTH IN
SUBSECTION (A)(2), THE SCHOOL DISTRICT SHALL NOTIFY THE
DEPARTMENT OF EDUCATION OF THE ACTIONS TAKEN PURSUANT TO
SUBSECTION (A)(2). THE DEPARTMENT OF EDUCATION SHALL POST ALL
NOTIFICATIONS RECEIVED FROM A SCHOOL DISTRICT PURSUANT TO THIS
SUBSECTION ON THE DEPARTMENT OF EDUCATION'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE.
(C) THE FOLLOWING SHALL APPLY I N THE CASE OF A SUSPENSION
UNDER SUBSECTION (A)(5) IN WHICH A BOARD OF SCHOOL DIRECTORS
SUSPENDS PROFESSIONAL EMPLOYES WHO ARE ASSIGNED TO PROVIDE
INSTRUCTION DIRECTLY TO STUDENTS:
(1) A BOARD OF SCHOOL DIRECTORS MAY SUSPEND THE NECESSARY
NUMBER OF PROFESSIONAL EMPLOYES ASSIGNED TO PROVIDE INSTRUCTION
DIRECTLY TO STUDENTS ONLY IF THE BOARD OF SCHOOL DIRECTORS ALSO
SUSPENDS AT LEAST AN EQUAL PERCENTAGE PROPORTION OF
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ADMINISTRATIVE STAFF.
(2) THE SECRETARY OF EDUCATION MAY GRANT A BOARD OF SCHOOL
DIRECTORS A WAIVER OF PARAGRAPH (1) IF THE FOLLOWING APPLY:
(I) THE SECRETARY OF EDUCATION DETERMINES THAT THE SCHOOL
DISTRICT'S OPERATIONS ARE ALREADY SUFFICIENTLY STREAMLINED ;
(II) THE SECRETARY OF EDUCATION SUBMITS THE DETERMINATION TO
THE STATE BOARD OF EDUCATION ; AND
(III) THE STATE BOARD OF EDUCATION APPROVES THE
DETERMINATION BY A MAJORITY OF ITS MEMBERS.
(3) ANY FIVE ADMINISTRATIVE STAFF POSITIONS SELECTED BY THE
BOARD OF SCHOOL DIRECTORS SHALL BE EXEMPT FROM THE REQUIREMENTS
OF PARAGRAPHS (1) AND (2).
(D) IN THE CASE OF A SUSPENSION UNDER SUBSECTION (A)(5), A
BOARD OF SCHOOL DIRECTORS MAY SUSPEND THE NECESSARY NUMBER OF
PROFESSIONAL EMPLOYES ONLY BY A MAJORITY VOTE AT A PUBLIC
MEETING OF THE BOARD OF SCHOOL DIRECTORS.
(E) FOLLOWING THE 2019-2020 SCHOOL YEAR, THE LEGISLATIVE
BUDGET AND FINANCE COMMITTEE SHALL CONDUCT A STUDY OF THE
EFFECTIVENESS OF THE PROVISIONS OF SECTIONS 1124(A)(5), (C) AND
(D) AND 1125.1 AND SHALL DELIVER A WRITTEN REPORT OF ITS
FINDINGS, INCLUDING WHETHER THESE PROVISIONS OF LAW ARE BEING
USED EFFECTIVELY BY SCHOOL DISTRICTS TO IMPROVE SCHOOL DISTRICT
EFFICIENCY, TO THE GOVERNOR, THE CHAIRMAN AND MINORITY CHAIRMAN
OF THE EDUCATION COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES BY DECEMBER 31, 2020.
(F) (1) A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BY A
SCHOOL DISTRICT AND AN EXCLUSIVE REPRESENTATIVE OF PROFESSIONAL
EMPLOYES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563,
NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT," AFTER THE
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EFFECTIVE DATE OF THIS SUBSECTION MAY NOT PROHIBIT THE
SUSPENSION OF PROFESSIONAL EMPLOYES FOR ECONOMIC REASONS OTHER
THAN AS PROVIDED FOR IN THIS SECTION.
(2) A PROVISION IN ANY AGREEMENT OR CONTRACT IN EFFECT ON
THE EFFECTIVE DATE OF THIS SUBSECTION THAT PROHIBITS THE
SUSPENSION OF PROFESSIONAL EMPLOYES FOR ECONOMIC REASONS IN
CONFLICT WITH THIS SECTION SHALL BE DISCONTINUED IN ANY NEW OR
RENEWED AGREEMENT OR CONTRACT OR DURING THE PERIOD OF STATUS QUO
FOLLOWING AN EXPIRED CONTRACT.
SECTION 3. SECTION 1125.1 OF THE ACT, AMENDED OR ADDED
NOVEMBER 20, 1979 (P.L.465, NO.97) AND JULY 10, 1986 (P.L.1270,
NO.117), IS AMENDED TO READ:
SECTION 1125.1. PERSONS TO BE SUSPENDED.--(A) PROFESSIONAL
EMPLOYES SHALL BE SUSPENDED UNDER SECTION 1124 [(RELATING TO
CAUSES FOR SUSPENSION) IN INVERSE ORDER OF SENIORITY WITHIN THE
SCHOOL ENTITY OF CURRENT EMPLOYMENT. APPROVED LEAVES OF ABSENCE
SHALL NOT CONSTITUTE A BREAK IN SERVICE FOR PURPOSES OF
COMPUTING SENIORITY FOR SUSPENSION PURPOSES.] AS FOLLOWS, WITHIN
THE AREA OF CERTIFICATION REQUIRED BY LAW FOR THE PROFESSIONAL
EMPLOYE'S CURRENT POSITION:
(1) (I) EACH PROFESSIONAL EMPLOYE WHO RECEIVED AN OVERALL
PERFORMANCE RATING OF "FAILING" ON THE PROFESSIONAL EMPLOYE'S
MOST RECENT END-OF-YEAR PERFORMANCE RATING SHALL BE SUSPENDED
FIRST.
(II) AFTER SUSPENDING PROFESSIONAL EMPLOYES UNDER SUBCLAUSE
(I), EACH PROFESSIONAL EMPLOYE WHO RECEIVED AN OVERALL
PERFORMANCE RATING OF "NEEDS IMPROVEMENT" ON THE PROFESSIONAL
EMPLOYE'S MOST RECENT END-OF-YEAR PERFORMANCE RATING SHALL BE
SUSPENDED SECOND.
(III) WHEN MORE PROFESSIONAL EMPLOYES RECEIVE THE SAME
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OVERALL PERFORMANCE RATING THAN THERE ARE SUSPENSIONS, SENIORITY
WITHIN THE SCHOOL ENTITY SHALL BE USED TO DETERMINE SUSPENSIONS
AMONG PROFESSIONAL EMPLOYES WITH THE SAME OVERALL PERFORMANCE
RATING ON THE EMPLOYE'S MOST RECENT PERFORMANCE EVALUATION
PURSUANT TO SECTION 1123, PROVIDED THAT APPROVED LEAVES OF
ABSENCE SHALL NOT CONSTITUTE A BREAK IN SERVICE FOR PURPOSES OF
COMPUTING SENIORITY FOR SUSPENSION PURPOSES.
(2) AFTER SUSPENDING PROFESSIONAL EMPLOYES UNDER CLAUSE (1),
EACH PROFESSIONAL EMPLOYE WHO RECEIVED AN OVERALL PERFORMANCE
RATING OF "PROFICIENT" OR "DISTINGUISHED" ON THE PROFESSIONAL
EMPLOYE'S MOST RECENT END-OF-YEAR PERFORMANCE RATING SHALL BE
SUSPENDED IN INVERSE ORDER OF SENIORITY WITHIN THE SCHOOL ENTITY
OF CURRENT EMPLOYMENT, PROVIDED THAT APPROVED LEAVES OF ABSENCE
SHALL NOT CONSTITUTE A BREAK IN SERVICE FOR PURPOSES OF
COMPUTING SENIORITY FOR SUSPENSION PURPOSES.
(A.1) SENIORITY SHALL CONTINUE TO ACCRUE DURING SUSPENSION
AND ALL APPROVED LEAVES OF ABSENCE.
(B) WHERE THERE IS OR HAS BEEN A CONSOLIDATION OF SCHOOLS,
DEPARTMENTS OR PROGRAMS, ALL PROFESSIONAL EMPLOYES SHALL RETAIN
THE SENIORITY RIGHTS THEY HAD PRIOR TO THE REORGANIZATION OR
CONSOLIDATION.
[(C) A SCHOOL ENTITY SHALL REALIGN ITS PROFESSIONAL STAFF SO
AS TO INSURE THAT MORE SENIOR EMPLOYES ARE PROVIDED WITH THE
OPPORTUNITY TO FILL POSITIONS FOR WHICH THEY ARE CERTIFICATED
AND WHICH ARE BEING FILLED BY LESS SENIOR EMPLOYES.]
(D) (1) NO SUSPENDED EMPLOYE SHALL BE PREVENTED FROM
ENGAGING IN ANOTHER OCCUPATION DURING THE PERIOD OF SUSPENSION.
(2) SUSPENDED PROFESSIONAL EMPLOYES OR PROFESSIONAL EMPLOYES
DEMOTED FOR THE REASONS SET FORTH IN SECTION 1124 SHALL BE
REINSTATED [ON THE BASIS OF THEIR SENIORITY WITHIN THE SCHOOL
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ENTITY.] AS FOLLOWS:
(I) PROFESSIONAL EMPLOYES WHO RECEIVED AN OVERALL
PERFORMANCE RATING OF "PROFICIENT" OR "DISTINGUISHED" ON THEIR
MOST RECENT END-OF-YEAR PERFORMANCE EVALUATIONS SHALL BE
REINSTATED FIRST IN ORDER OF SENIORITY WITHIN THE AREA OF
CERTIFICATION REQUIRED FOR THE VACANCY BEING FILLED AND WITHIN
THE SCHOOL ENTITY .
(II) AFTER REINSTATING PROFESSIONAL EMPLOYES UNDER SUBCLAUSE
(I), PROFESSIONAL EMPLOYES WHO RECEIVED AN OVERALL PERFORMANCE
RATING OF "NEEDS IMPROVEMENT" ON THEIR MOST RECENT END-OF-YEAR
PERFORMANCE EVALUATIONS SHALL BE REINSTATED SECOND IN ORDER OF
SENIORITY WITHIN THE AREA OF CERTIFICATION REQUIRED FOR THE
VACANCY BEING FILLED AND WITHIN THE SCHOOL ENTITY.
(III) AFTER REINSTATING PROFESSIONAL EMPLOYES UNDER
SUBCLAUSE (II), PROFESSIONAL EMPLOYES WHO RECEIVED AN OVERALL
PERFORMANCE RATING OF "FAILING" ON THEIR MOST RECENT END-OF-YEAR
PERFORMANCE EVALUATIONS SHALL BE REINSTATED LAST IN ORDER OF
SENIORITY WITHIN THE AREA OF CERTIFICATION REQUIRED FOR THE
VACANCY BEING FILLED AND WITHIN THE SCHOOL ENTITY.
NO NEW APPOINTMENT SHALL BE MADE WHILE THERE IS SUCH A SUSPENDED
OR DEMOTED PROFESSIONAL EMPLOYE AVAILABLE WHO IS PROPERLY
CERTIFICATED TO FILL SUCH VACANCY. FOR THE PURPOSE OF THIS
SUBSECTION, POSITIONS FROM WHICH PROFESSIONAL EMPLOYES ARE ON
APPROVED LEAVES OF ABSENCE SHALL ALSO BE CONSIDERED TEMPORARY
VACANCIES.
(3) TO BE CONSIDERED AVAILABLE A SUSPENDED PROFESSIONAL
EMPLOYE MUST ANNUALLY REPORT TO THE GOVERNING BOARD IN WRITING
HIS CURRENT ADDRESS AND HIS INTENT TO ACCEPT THE SAME OR SIMILAR
POSITION WHEN OFFERED.
(4) A SUSPENDED EMPLOYE ENROLLED IN A COLLEGE PROGRAM DURING
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A PERIOD OF SUSPENSION AND WHO IS RECALLED SHALL BE GIVEN THE
OPTION OF DELAYING HIS RETURN TO SERVICE UNTIL THE END OF THE
CURRENT SEMESTER.
(E) NOTHING CONTAINED IN [SECTION 1125.1(A) THROUGH (D)]
THIS SECTION SHALL BE CONSTRUED TO:
(1) LIMIT THE CAUSE FOR WHICH A TEMPORARY PROFESSIONAL
EMPLOYE MAY BE SUSPENDED; OR
(2) SUPERSEDE OR PREEMPT ANY PROVISIONS OF A COLLECTIVE
BARGAINING AGREEMENT NEGOTIATED BY A SCHOOL ENTITY AND AN
EXCLUSIVE REPRESENTATIVE OF THE EMPLOYES IN ACCORDANCE WITH THE
ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
EMPLOYE RELATIONS ACT"; HOWEVER, NO AGREEMENT SHALL PROHIBIT THE
RIGHT OF A PROFESSIONAL EMPLOYE WHO IS NOT A MEMBER OF A
BARGAINING UNIT FROM RETAINING SENIORITY RIGHTS UNDER THE
PROVISIONS OF THIS ACT.
(F) A DECISION TO SUSPEND IN ACCORDANCE WITH THIS SECTION
SHALL BE CONSIDERED AN ADJUDICATION WITHIN THE MEANING OF THE
"LOCAL AGENCY LAW."
(G) (1) NO COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BY A
SCHOOL DISTRICT AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYES
IN ACCORDANCE WITH THE "PUBLIC EMPLOYE RELATIONS ACT" AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL PROVIDE FOR SUSPENDING,
REINSTATING OR REALIGNING PROFESSIONAL EMPLOYES BASED ON
SENIORITY OTHER THAN AS PROVIDED FOR IN THIS SECTION.
(2) UPON THE EXPIRATION, AMENDMENT OR ADOPTION OF ANY
AGREEMENT OR CONTRACT, A PROVISION THAT PROVIDES FOR SUSPENDING,
REINSTATING OR REALIGNING PROFESSIONAL EMPLOYES BASED ON
SENIORITY IN CONFLICT WITH THIS SECTION SHALL BE DISCONTINUED IN
ANY NEW OR RENEWED AGREEMENT OR CONTRACT OR DURING THE PERIOD OF
STATUS QUO FOLLOWING AN EXPIRED CONTRACT.
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(H) IF A PROFESSIONAL EMPLOYE IS SUSPENDED UNDER THIS
SECTION, THE PROFESSIONAL EMPLOYE'S POSITION SHALL REMAIN VACANT
FOR AT LEAST ONE YEAR, PROVIDED THAT THE SCHOOL ENTITY MAY
REINSTATE AT ANY TIME THE PROFESSIONAL EMPLOYE WHO WAS
SUSPENDED.
SECTION 4. SECTION 1131 OF THE ACT IS AMENDED TO READ:
SECTION 1131. APPEALS TO [SUPERINTENDENT OF PUBLIC
INSTRUCTION] SECRETARY OF EDUCATION.--IN CASE THE PROFESSIONAL
EMPLOYE CONCERNED CONSIDERS HIMSELF OR HERSELF AGGRIEVED BY THE
ACTION OF THE BOARD OF SCHOOL DIRECTORS, AN APPEAL BY PETITION,
SETTING FORTH THE GROUNDS FOR SUCH APPEAL, MAY BE TAKEN TO THE
[SUPERINTENDENT OF PUBLIC INSTRUCTION] SECRETARY OF EDUCATION AT
HARRISBURG. SUCH APPEAL SHALL BE FILED WITHIN [THIRTY (30)]
FIFTEEN (15) DAYS AFTER RECEIPT BY REGISTERED MAIL OF THE
WRITTEN NOTICE OF THE DECISION OF THE BOARD. A COPY OF SUCH
APPEAL SHALL BE SERVED BY REGISTERED MAIL ON THE SECRETARY OF
THE SCHOOL BOARD.
THE [SUPERINTENDENT OF PUBLIC INSTRUCTION] SECRETARY OF
EDUCATION SHALL FIX A DAY AND TIME FOR HEARING, WHICH SHALL BE
NOT SOONER THAN TEN (10) DAYS NOR MORE THAN THIRTY (30) DAYS
AFTER PRESENTATION OF SUCH PETITION, AND SHALL GIVE WRITTEN
NOTICE TO ALL PARTIES INTERESTED.
THE [SUPERINTENDENT OF PUBLIC INSTRUCTION] SECRETARY OF
EDUCATION SHALL REVIEW THE OFFICIAL TRANSCRIPT OF THE RECORD OF
THE HEARING BEFORE THE BOARD, AND MAY HEAR AND CONSIDER SUCH
ADDITIONAL TESTIMONY AS HE MAY DEEM ADVISABLE TO ENABLE HIM TO
MAKE A PROPER ORDER. AT SAID HEARING THE LITIGANTS SHALL HAVE
THE RIGHT TO BE HEARD IN PERSON OR BY COUNSEL OR BOTH.
AFTER HEARING AND ARGUMENT AND REVIEWING ALL THE TESTIMONY
FILED OR TAKEN BEFORE HIM, THE [SUPERINTENDENT OF PUBLIC
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INSTRUCTION] SECRETARY OF EDUCATION SHALL ENTER SUCH ORDER,
EITHER AFFIRMING OR REVERSING THE ACTION OF THE BOARD OF SCHOOL
DIRECTORS, AS TO HIM APPEARS JUST AND PROPER.
SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF SECTIONS 1124(F) AND
1125.1(G) OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
(2) THE AMENDMENT OF SECTIONS 1108 AND 1121 SHALL TAKE
EFFECT JUNE 30, 2015.
(3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JUNE 30,
2016.
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