THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, BISHOP, BRENNAN, BUXTON, CALTAGIRONE, CARROLL, DALEY, DeLUCA, FABRIZIO, FRANKEL, FREEMAN, GIBBONS, GRUCELA, HARKINS, KIRKLAND, KORTZ, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, SCAVELLO, SIPTROTH, STURLA, WHEATLEY, JOSEPHS, W. KELLER, MILNE, OLIVER AND STABACK, MARCH 9, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 18, 2009   

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," providing for payment of fees

associated with certification by the National Board for

Professional Teaching Standards.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XI-B

CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR

PROFESSIONAL TEACHING STANDARDS

Section 1101-B.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"Eligible teacher."  A teacher who has:

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(1)  Completed three full years of teaching in a

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Pennsylvania public school, intermediate unit or area

vocational-technical school.

(2)  A current, full-time teaching position in a

Pennsylvania public school, intermediate unit or area

vocational-technical school.

(3)  Not previously received Commonwealth funds for

participating in any certification area of the NBPTS program.

(4)  Not repaid any Commonwealth funds previously

received for the NBPTS certification process.

(5)  Not received a waiver of repayment from the

Department of Education.

(1)  Is a current Pennsylvania resident.

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(2)  Currently holds a valid Pennsylvania teaching

certification in good standing.

(3)  Has completed three full years of teaching or school

counseling in a Pennsylvania public school, intermediate unit

or area vocational-technical school.

(4)  Holds a current, full-time teaching or school

counseling position in a Pennsylvania public school,

intermediate unit or area vocational-technical school.

(5)  Has not previously received Commonwealth funds for

participating in any certification area of the NBPTS program.

(6)  Has not repaid any Commonwealth funds previously

received for the NBPTS certification process.

(7)  Has not received a waiver of repayment from the

Department of Education.

"National Board for Professional Teaching Standards" or

"NBPTS."  The independent, nonprofit organization established in

1987 to establish high standards for teachers' knowledge and

performance and for development and operation of a national

voluntary system to assess and certify teachers who meet those

standards.

"Public school."  A school operated by a school district,

intermediate unit, charter school, cyber charter school or an

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area vocational-technical school.

Section 1102-B.  Program.

(a)  Establishment.--A program to help defray the cost to

teachers of becoming certified by the National Board for

Professional Teaching Standards is established.

(b)  Goal.--It is the goal of the Commonwealth to provide

opportunities and incentives for excellent teachers and to

retain them in the teaching profession. To attain this goal, the

Commonwealth shall support the efforts of teachers to achieve

national certification by providing reimbursement for approved

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paid leave time forto public schools for substitute fees

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associated with teachers participating in the certification

process and paying the assessment fee for teachers who seek to

attain national certification from the National Board for

Professional Teaching Standards.

Section 1103-B.  Payment of fees.

Eligible teachers who participate in NBPTS certification

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shall be entitled to do so without loss of pay or time. To the

extent funds are available, the Commonwealth shall do all of the

following:

(1)  Pay all or a portion of the cost of NBPTS assessment

fees on behalf of an eligible teacher to become NBPTS

certified or recertified.

(2)  Reimburse school districts for substitute fees for

each day the eligible teacher participates in preparation for

NBPTS certification, up to three days.

Section 1104-B.  Priority.

(a)  Schools in school improvement or corrective action.--

Eligible teachers who teach in schools identified as in school

improvement or corrective action shall receive first priority

for payment of assessment fees under this article. The eligible

teachers' districts shall also receive first priority for

substitute fees reimbursement.

(b)  Other priority.--Eligible teachers who teach early

childhood education, mathematics or science at the middle or 

secondary level or who teach special education or foreign

languages shall receive second priority for payment of

assessment fees under this article. The eligible teachers'

districts shall also receive second priority for substitute fees 

reimbursement.

Section 1105-B.  Duties of eligible teachers.

(a)  Completion of process.--An eligible teacher on whose

behalf the assessment fee is paid shall agree to complete the

certification process or be subject to repayment as set forth in

section 1106-B(a).

(b)  Three-year commitment.--An eligible teacher on whose

behalf the assessment fee is paid and who receives NBPTS

certification shall, in addition to the requirement under

subsection (a), agree to serve as a teacher or administrator in

a Pennsylvania public school for a period of at least three

years or be subject to repayment as set forth in section 1106-

B(b). Eligible teachers who receive priority under section 1104-

B and who receive NBPTS certification shall teach in that

priority class for the three-year commitment period. If an

eligible teacher receives priority under section 1104-B(a) and

the school is removed from improvement or corrective action

during the three-year commitment period, service in the same

school or in another school identified as in school improvement

or corrective action shall continue to fulfill the requirements

of this subsection.

Section 1106-B.  Repayment.

(a)  Failure to complete the certification process.--When an

eligible teacher for whom the Commonwealth has paid the

assessment fee fails to complete the certification process, the

teacher shall reimburse the Commonwealth for the amount of the

assessment fee. A candidate who completes the certification

process but is denied NBPTS certification shall not be subject

to repayment pursuant to this subsection.

(b)  Failure to continue teaching.--When an eligible teacher

for whom the Commonwealth has paid the assessment fee fails to

teach in a Pennsylvania public school for three consecutive

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years after completing the certification processmeet the

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requirements of section 1105-B(b), the teacher shall reimburse

the Commonwealth for the amount of the assessment fee. The

teacher shall certify to the department each year that the

teacher is in compliance with section 1105-B(b).

(c)  Waiver of repayment.--Upon the application of the

eligible teacher, the department shall waive the repayment

requirement if the department finds that the teacher was unable

to complete the process or continuemeet the requirements of

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section 1105-B(b) for teaching in a priority class or school

identified as in school improvement or corrective action due to

administrative action on the part of the school district or area

vocational-technical school for other than causes enumerated in

section 1122, or continue teaching due to illness of the

teacher, the death or catastrophic illness of a member of the

teacher's immediate family, or parental leave to care for a

newborn or newly adopted child and may waive the repayment

requirement due to other extraordinary circumstances.

Section 1107-B.  Duties of department.

(a)  Guidelines.--The department shall develop guidelines

necessary for the implementation of this article.

(b)  Technical assistance.--To the extent funds are

available, the department shall provide technical assistance to

NBPTS applicants. The department may contract with one or more

institutions of higher education or intermediate units in order

to provide technical assistance.

Section 2.  This act shall take effect immediately.