PRINTER'S NO. 555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
586
Session of
2015
INTRODUCED BY EICHELBERGER, WAGNER, MENSCH, WHITE, SCARNATI,
SMUCKER, ALLOWAY, FOLMER, RAFFERTY, YAW, VULAKOVICH AND
AUMENT, MARCH 2, 2015
REFERRED TO EDUCATION, MARCH 2, 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 employes, further
providing for causes for suspension and persons to be
suspended.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1124(a) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
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
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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;
(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.
* * *
Section 2. 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. Seniority shall
continue to accrue during suspension and all approved leaves of
absence.] based upon educational program needs, the professional
employe's certifications or performance evaluations set forth in
section 1123 of employes within the affected program areas.
(b) Where there is or has been a consolidation of schools,
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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 qualification to teach a
particular subject or grade level or to hold a particular
position, followed next by their seniority 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
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.
(d.1) Nothing in this section shall be construed to limit
the causes for which a temporary professional employe may be
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suspended.
(e) Nothing contained in section 1125.1(a) through (d) shall
be construed to 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."]
(f.1) A collective bargaining agreement for professional
employes entered into after the effective date of this
subsection shall not include provisions prohibiting suspension
of professional employes for economic reasons pursuant to
section 1124(a)(5).
Section 3. This act shall take effect immediately.
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