THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, SMUCKER, M. WHITE, RAFFERTY, EICHELBERGER, WAUGH, EARLL, PICCOLA, BRUBAKER, D. WHITE, ALLOWAY, VANCE, McILHINNEY, BROWNE, MENSCH AND YAW, FEBRUARY 18, 2011

AS AMENDED ON THIRD CONSIDERATION, MAY 10, 2011   

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 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,

amended August 8, 1963 (P.L.564, No.299), 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, concurred in by the board

of school directors, approved by the Department of [Public

Instruction] Education, 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.

(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.

(5)  Economic reasons, as part of a plan to reduce or control

school district costs. A school district may not use costs as

the sole factor in determining which professional employes to

suspend.

(b)  In the case of a suspension under subsection (a)(5), the 

following shall apply to any suspension of a professional

employe 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

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 compliance

with paragraph (1) is likely to cause significant harm to the

operations of the school district;

(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 three administrative staff positions selected

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by the board of school directors shall be exempt from the

requirements of paragraphs (1) and (2).

(c)  A board of school directors may suspend professional

employes under subsection (a)(5) only if the board of school

directors adopts, at a public meeting at which an opportunity

for public comment regarding the proposed suspension has been

provided, a resolution setting forth all of the following:

(1)  The reason the suspension is necessary.

(2)  The number and percentage of employes to be suspended

who are assigned to provide instruction directly to students.

(3)  The number and percentage of employes to be suspended

who are administrative staff.

(4)  The number and percentage of positions eliminated and a

description of each position eliminated.

(5)  The academic subjects, courses or electives and

nonacademic activities that will be affected by the suspension.

(6)  A description of other cost-saving actions undertaken by

the school district.

(7)  The measures the school district will undertake to

minimize the impact on student achievement, if any, caused by a

suspension of professional employes assigned to provide

instruction directly to students.

(d)  For purposes of subsections (b) and (c), "administrative

staff" shall include, but not be limited to, superintendents,

assistant superintendents, deputy superintendents, principals,

assistant principals, supervisors, managers, directors, and 

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coordinators and any other staff who are not assigned to provide

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instruction directly to students.

(e)  Nothing in this section shall be construed to limit the

causes for which a temporary professional employe may be

suspended.

(f)  Following the 2015-2016 school year, the Department of

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Education shall conduct a study of the effectiveness of the

provisions of subsections (a)(5), (b), (c) and (d) and section

1125.1 and shall deliver a written report of its findings,

including any recommendations for changes to subsections (a)(5),

(b), (c) and (d) and section 1125.1, 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, 2016.

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)  A board of

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school directors shall exercise its discretion in suspending

professional employes under section 1124 so as to operate the

school entity in a cost-effective and educationally effective

manner. Professional employes shall be suspended under section

1124 [(relating to causes for suspension) in inverse order of

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seniority within the school entity of current employment, except

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as provided under subsection (a.1). 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 the school entity's evaluation of the

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following factors in determining which employes will be

suspended:

(1)  The professional employe's certification.

(2)  The professional employe's performance, including, but

not limited to, performance under the Pennsylvania Value Added

Assessment System and local school entity performance criteria.

(3)  For a professional employe who teaches subjects or grade

levels that are not evaluated under the Pennsylvania Value Added

Assessment System, whether the professional employe meets

qualifications set forth by the school entity to teach a

particular subject or grade level.

(4)  Specific qualifications set forth by the school entity.

(a.1)  For professional employes suspended under section

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1124(a)(5), a board of school directors may suspend without

regard to seniority a professional employe whose two most recent

consecutive performance ratings issued under section 1123 were

unsatisfactory if the professional employe had an opportunity to

complete a performance improvement plan prior to the most recent

unsatisfactory rating.

(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] Except as otherwise provided under subsection

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(a.1), 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.]

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(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 1124(a)(1),

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(2), (3) and (4) shall be reinstated on the basis of [their

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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.] the school entity's evaluation of the criteria listed

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in subsection (a). For the purpose of this subsection, positions

from which professional employes are on approved leaves of

absence shall also be considered temporary vacancies. 

Professional employes suspended for the reasons set forth under

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section 1124(a)(5) may be reinstated.

(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)] (g) 

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[";]," and in effect on the

effective date of subsection (g); 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

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shall be considered an adjudication within the meaning of the

"Local Agency Law."]

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(g)  Where 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 3.  This act shall take effect immediately.