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04/23/2024 08:03 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=13249
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: September 4, 2013 04:21 PM
From: Representative Ryan P. Aument
To: All House members
Subject: Economic Furloughs for Public School Professional Employees
 
I am preparing to introduce legislation that will allow school districts to suspend professional educators for economic reasons, while helping school districts retain high quality educators.

Currently, the School Code allows school districts to furlough professional employees only in certain circumstances: where student enrollment has substantially decreased; where an educational program has been curtailed or altered; where schools have been consolidated; or where a new school district has been established. However, the School Code does not allow school districts to furlough professional employees for economic reasons alone. Moreover, when a school district does suspend professional educators, the school district must conduct suspensions in inverse order of seniority, without regard to the educator's performance.

My bill will allow school districts to suspend educators for economic reasons, as part of a plan to reduce or control school district costs. Further, under my proposal educators who are rated "distinguished" will be the last to be furloughed. If enacted, my legislation will not take effect until July 1, 2015, to allow the Department of Education (PDE) and individual school districts to fully implement the new professional employee rating system enacted into law last year.

My legislation requires a school board seeking to furlough for economic reasons to adopt, at a public meeting at which an opportunity for public comment has been provided, a resolution setting forth the following: why the suspension is necessary; the number and percentage of positions eliminated and a description of each position eliminated; the subjects, courses, electives, nonacademic activities and services that will be affected by the suspension; a description of other cost-saving actions undertaken by the school district; and the measures the school district will undertake to minimize any impact on student achievement. New collective bargaining agreements may not prohibit the suspension of educators for economic reasons.

To help school districts to retain their highest quality educators, my bill prohibits a school district from suspending any professional employee whose most recent overall performance rating was "distinguished" unless such suspensions are still necessary after all professional employees with lower performance ratings have been suspended. When a school district suspends educators with a distinguished rating, such educators must be suspended in inverse order of seniority within a certification area and must be reinstated prior to any other professional employees. New collective bargaining agreements may not include provisions that are in conflict with the new requirements.

With an effective date of July 1, 2015, my legislation will not be in force until after PDE and school districts have fully implemented the new teacher evaluation system, including its four rating categories of "distinguished," "proficient," "needs improvement," or "failing." As you may recall, the new system rates educators based on multiple measures of student performance, including student performance and student growth, and will result in more accurate teacher ratings than occurred under the Commonwealth's previous system.

Given the difficult financial conditions facing school districts, I believe it is necessary to provide school districts with the ability to furlough for economic reasons, as an important tool in controlling school district budgets. Equally important, I believe it is critical that school districts that are forced to suspend educators are able to retain their highest quality teachers.

Thank you for your consideration of this proposed legislation.

View Attachment


Introduced as HB1735