THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOYD, BENNINGHOFF, CALTAGIRONE, CLYMER, CREIGHTON, CUTLER, EVERETT, GINGRICH, HARPER, HENNESSEY, HICKERNELL, KAUFFMAN, MILLER, MOUL, MUSTIO, REICHLEY, SWANGER AND TALLMAN, SEPTEMBER 28, 2010

REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 28, 2010  

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 for persons to be

suspended.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1124 of the act of March 10, 1949

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

amended by adding a clause to read:

Section 1124.  Causes for Suspension.--Any board of school

directors may suspend the necessary number of professional

employes, for any of the causes hereinafter enumerated:

* * *

(5)  For the school year 2010-2011 and each school year

thereafter, for economic reasons, as certified by the Secretary

of Education.

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)] based upon performance, measured under

section 1123, and qualification to teach a particular subject or

grade level or to hold a particular position. In determining

qualification to teach a particular subject or grade level or to

hold a particular position, the number of years of teaching the

subject or grade level or of holding the position as well as the

number of years that have elapsed since the professional employe

last taught the subject or grade level or last held the position

shall be considered in addition to whether the professional

employe is properly certificated. In cases in which performance

and qualification to teach a particular subject or grade level

or to hold a particular position are comparable among or between

professional employes considered for suspension, the employe

shall be suspended 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.

(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] 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.

(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."]

Section 3.  This act shall take effect in 60 days.