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| PRIOR PRINTER'S NO. 1661 | PRINTER'S NO. 1983 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, SCARNATI, FOLMER, ERICKSON, BAKER, BOSCOLA, ORIE, YUDICHAK, GREENLEAF, RAFFERTY, ALLOWAY, MENSCH, VOGEL, BROWNE, EARLL, FERLO AND DINNIMAN, OCTOBER 17, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 6, 2012 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for manner of |
6 | election or approval; providing for performance review; |
7 | further providing for election of assistant district |
8 | superintendents, for term and salary of assistants and for |
9 | removal; providing for superintendents of schools or | <-- |
10 | buildings and of supplies; and making an editorial change. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 1073 of the act of March 10, 1949 |
14 | (P.L.30, No.14), known as the Public School Code of 1949, |
15 | amended January 14, 1970 (1969 P.L.468, No.192) and January 16, |
16 | 1974 (P.L.1, No.1), is amended to read: |
17 | Section 1073. Manner of Election or Approval.--(a) The |
18 | board of school directors of each school district[, except in |
19 | school districts of the first class,] shall meet at its regular |
20 | place of meeting, during the last year of the term of the |
21 | district superintendent or at any other time when a vacancy |
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1 | shall occur in the office of district superintendent, at an hour |
2 | previously fixed by the board. The secretary of each board of |
3 | school directors shall mail to each member thereof at least five |
4 | days beforehand, a notice of the time, place and purpose of such |
5 | meeting. At such meeting the board shall elect or approve a |
6 | properly qualified district superintendent to enter into a |
7 | contract to serve [a term of [from] three to five years] an | <-- |
8 | initial term of three years from the first day of July next |
9 | following his election or from a time mutually agreed upon by |
10 | the duly elected district superintendent and the board of school |
11 | directors. If the qualified district superintendent has no prior | <-- |
12 | experience as a district superintendent, the initial contract |
13 | shall be for a period not to exceed three years. The contract |
14 | shall be subject to the act of February 14, 2008 (P.L.6, No.3), |
15 | known as the Right-to-Know Law. |
16 | (b) At a regular meeting of the board of school directors |
17 | occurring at least one hundred fifty (150) days prior to the |
18 | expiration date of the term of office of the district |
19 | superintendent, the agenda shall include an item requiring |
20 | affirmative action by five or more members of the board of |
21 | school directors to notify the district superintendent that the |
22 | board intends to retain him for a further term of [from] three |
23 | (3) [to five (5)] years or that another or other candidates will | <-- |
24 | be considered for the office. In the event that the board fails |
25 | to take such action at a regular meeting of the board of school |
26 | directors occurring at least one hundred fifty (150) days prior |
27 | to the expiration date of the term of office of the district |
28 | superintendent, he shall continue in office for a further term |
29 | of similar length to that which he is serving. |
30 | (d) The term of office or commission of a district |
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1 | superintendent or assistant district superintendent shall not be |
2 | shortened by reason of the fact that the district in which he |
3 | serves shall be come part of a joint school, or by reason of the |
4 | fact that the district in which he serves shall become a part of |
5 | a new school district established as the result of |
6 | reorganization of school districts pursuant to Article II., |
7 | subdivision (i) or section 224 of this act. Any district |
8 | superintendent, assistant districts superintendent or |
9 | supervising principal not selected as the district |
10 | superintendent of the joint school or newly established school |
11 | district in which the district he serves becomes a part shall be |
12 | assigned to a position or office for which he is eligible: |
13 | Provided, however, That in a new school district reorganized |
14 | under Article II., subdivision (i) or section 224 of this act, |
15 | he shall be assigned to a position or office which is |
16 | administrative or supervisory in nature only, but there shall be |
17 | no reduction in salary until the expiration of his commission. |
18 | Thereafter, unless elected to an office requiring a commission |
19 | he shall have the status of a professional employe: Provided, |
20 | That the board of school directors may adjust the salary |
21 | according to the classification of the position to which he may |
22 | be assigned, and that the period of service as a commissioned |
23 | district superintendent, assistant district superintendent or |
24 | associate superintendent shall be counted as time served as a |
25 | professional employe in determining his seniority rights. |
26 | (e) The following shall apply: |
27 | (1) Notwithstanding any other provision of law, no |
28 | individual shall be employed as a district superintendent or | <-- |
29 | assistant district superintendent by a school district except | <-- |
30 | pursuant to a written contract of employment expressly stating |
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1 | the terms and conditions of employment. |
2 | (2) A contract for the employment of a district | <-- |
3 | superintendent or assistant district superintendent shall do all | <-- |
4 | of the following: |
5 | (i) Contain the mutual and complete agreement between the |
6 | district superintendent or assistant district superintendent and | <-- |
7 | the board of school directors with respect to the terms and |
8 | conditions of employment. |
9 | (ii) Consistent with State Board of Education certification |
10 | requirements, specify the duties, responsibilities, job |
11 | description and performance expectations, including performance |
12 | criteria standards and assessments provided for under section | <-- |
13 | 1073.1. |
14 | (iii) Incorporate all provisions relating to compensation |
15 | and benefits to be paid to or on behalf of the district | <-- |
16 | superintendent or assistant district superintendent. | <-- |
17 | (iv) Specify the term of employment and state that the |
18 | contract shall terminate immediately, except as otherwise | <-- |
19 | provided under this section, upon the expiration of the term |
20 | unless the contract is allowed to renew automatically under |
21 | subsection (b). |
22 | (v) Specify the termination, buyout and severance |
23 | provisions, including all postemployment compensation and the |
24 | period of time in which the compensation shall be provided. |
25 | Termination, buyout and severance provisions may not be modified | <-- |
26 | during the course of the contract or in the event a contract is |
27 | terminated prematurely. |
28 | (vi) Contain provisions relating to outside work that may be |
29 | performed, if any. |
30 | (vii) State that any modification to the contract must be in |
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1 | writing. |
2 | (viii) State that the contract shall be governed by the laws |
3 | of this Commonwealth. |
4 | (ix) Limit compensation for unused sick leave to the maximum | <-- |
5 | compensation for unused sick leave under the teachers' |
6 | collective bargaining agreement for that district at the time of |
7 | the contract or renewal in new employment contracts entered into | <-- |
8 | after the effective date of this subsection for district |
9 | superintendents or assistant district superintendents who have |
10 | no prior experience as a district superintendent or assistant |
11 | district superintendent to the maximum compensation for unused |
12 | sick leave under the school district's administrator |
13 | compensation plan under section 1164 in effect at the time of |
14 | the contract. |
15 | (x) Limit transferred sick leave from previous employment to |
16 | not more than 30 days in new employment contracts after the | <-- |
17 | effective date of this subsection for district superintendents |
18 | or assistant district superintendents who have no prior |
19 | experience as a district superintendent or assistant district |
20 | superintendent. |
21 | (xi) Specify postretirement benefits and the period of time | <-- |
22 | in which the benefits shall be provided. |
23 | (3) No agreement between the board of school directors and a |
24 | district superintendent or assistant district superintendent for | <-- |
25 | a negotiated severance of employment prior to the end of the |
26 | specified contract term shall provide for severance compensation |
27 | to the district superintendent or assistant district | <-- |
28 | superintendent, including the reasonable value of any noncash |
29 | severance benefits or postemployment benefits not otherwise |
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1 | accruing under the contract or pursuant to law, that: |
2 | (i) If the agreement takes effect two years or more prior to |
3 | the end of the specified contract term, exceeds the equivalent |
4 | of one year's compensation and benefits otherwise due under the |
5 | contract. |
6 | (ii) If the agreement takes effect less than two years prior |
7 | to the end of the specified contract term, exceeds the |
8 | equivalent of one-half of the total compensation and benefits |
9 | due under the contract for the remainder of the term. |
10 | Section 2. The act is amended by adding a section to read: |
11 | Section 1073.1. Performance Review.--(a) In addition to any |
12 | other requirements provided for under this act, the board of | <-- |
13 | school directors may include objective performance standards in |
14 | a contract for the district superintendent and assistant |
15 | superintendent. The objective criteria may be established by the |
16 | board of directors and may be based upon the following other | <-- |
17 | requirements provided for under this act, the employment |
18 | contract for a district superintendent or assistant district |
19 | superintendent shall include objective performance standards |
20 | mutually agreed to in writing by the board of school directors |
21 | and the district superintendent or assistant district |
22 | superintendent. The objective performance standards may be based |
23 | upon the following: |
24 | (1) achievement of annual measurable objectives established |
25 | by the school district in compliance with the No Child Left | <-- |
26 | Behind Act of 2001; |
27 | (2) achievement on Pennsylvania System of School Assessment |
28 | (PSSA) tests; |
29 | (3) achievement on Keystone Exams; |
30 | (4) student growth as measured by the Pennsylvania Value- |
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1 | Added Assessment System; |
2 | (5) attrition rates or graduation rates; |
3 | (6) financial management standards; |
4 | (7) standards of operational excellence; or |
5 | (8) any additional criteria deemed relevant and mutually | <-- |
6 | agreed to by the board of school directors and the district | <-- |
7 | superintendent or assistant district superintendent. |
8 | (b) The board of school directors shall establish a time | <-- |
9 | frame for periodic performance evaluations of the district |
10 | superintendent and assistant district superintendent and shall |
11 | include the time frame within the contract. |
12 | (b) The board of school directors shall conduct a formal | <-- |
13 | written performance assessment of the district superintendent |
14 | and assistant district superintendent annually. A time frame for |
15 | the assessment shall be included in the contract. |
16 | (b.1) The board of school directors shall post the mutually |
17 | agreed to objective performance standards contained in the |
18 | contract on the school district's publicly accessible Internet |
19 | website. Upon completion of the annual performance assessment, |
20 | the board of school directors shall post the date of the |
21 | assessment and whether or not the district superintendent and |
22 | assistant district superintendent have met the agreed to |
23 | objective performance standards on the school district's |
24 | publicly accessible Internet website. |
25 | (c) The State Board of Education may promulgate regulations |
26 | pursuant to the act of June 25, 1982 (P.L.633, No.181), known as |
27 | the Regulatory Review Act, in order to implement this section. |
28 | Section 3. Sections 1076 and 1077 of the act, amended |
29 | January 16, 1974 (P.L.1, No.1), are amended to read: |
30 | Section 1076. Election of Assistant District |
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1 | Superintendents[, Except in Districts First Class].--[Except in | <-- |
2 | districts of the first class, assistant] Assistant district | <-- |
3 | superintendents shall be chosen by a majority vote of all the |
4 | members of the board of school directors of the district, for a |
5 | term of [from] three [to five] years upon the nomination by the | <-- |
6 | district superintendent. If the assistant district | <-- |
7 | superintendent has no prior experience as a district |
8 | superintendent or assistant district superintendent, the initial |
9 | contract shall be for a period not to exceed three years. |
10 | Section 1077. Term and Salary of Assistants.--Assistant |
11 | district superintendents may serve through the term of the |
12 | district superintendent, or enter a contract for a term of |
13 | [from] three [to five] years at salaries paid by the district, | <-- |
14 | and fixed by a majority vote of the whole board of school |
15 | directors prior to their election. If the assistant district | <-- |
16 | superintendent has no prior experience as a district |
17 | superintendent or assistant district superintendent, the initial |
18 | contract shall be for a period not to exceed three years. The |
19 | contract shall be subject to the act of February 14, 2008 |
20 | (P.L.6, No.3), known as the Right-to-Know Law. |
21 | At a regular meeting of the board of school directors |
22 | occurring at least one hundred fifty (150) days prior to the |
23 | expiration date of the term of office of the assistant district |
24 | superintendent, the agenda shall include an item requiring |
25 | affirmative action by five (5) or more members of the board of |
26 | school directors to notify the assistant district superintendent |
27 | that the board intends to retain him for a further term of |
28 | [from] three (3) [to five (5)] years or that another or other | <-- |
29 | candidates will be considered for the office. In the event that |
30 | the board fails to take such action at a regular meeting of the |
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1 | board of school directors occurring at least one hundred fifty |
2 | (150) days prior to the expiration date of the term of office of |
3 | the assistant district superintendent, he shall continue in |
4 | office for a further term of similar length to that which he is |
5 | serving. |
6 | Section 4. Section 1078 of the act, amended January 14, 1970 |
7 | (1969 P.L.468, No.192), is amended to read: |
8 | Section 1078. Commissions.--District superintendents and |
9 | assistant district superintendents shall be commissioned by the |
10 | [Superintendent of Public Instruction] Secretary of Education. |
11 | Section 5. Section 1080 of the act is Sections 1080 and 2104 | <-- |
12 | of the act are amended to read: |
13 | Section 1080. Removal.--(a) District superintendents and |
14 | assistant district superintendents may be removed from office |
15 | and have their contracts terminated, after hearing, by a |
16 | majority vote of the board of school directors of the district, |
17 | for neglect of duty, for failure to meet the terms of the | <-- |
18 | contract, incompetency, intemperance, or immorality, of which |
19 | hearing notice of at least one week has been sent by mail to the |
20 | accused, as well as to each member of the board of school |
21 | directors. |
22 | (b) The board of school directors shall publicly disclose at |
23 | the next regularly scheduled monthly meeting the cause or reason |
24 | for the removal from office of a district superintendent or |
25 | assistant district superintendent under subsection (a). |
26 | (c) Proceedings under this section shall be held under 2 |
27 | Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of |
28 | local agencies). |
29 | Section 2104. Superintendents of Schools or Buildings and of | <-- |
30 | Supplies.--The board of public education in each school district |
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1 | of the first class shall, whenever a vacancy in said office |
2 | shall occur, appoint a district superintendent, who shall be |
3 | designated and known as superintendent of schools[, for a term |
4 | of not more than six (6) years]. The board may also appoint a |
5 | superintendent of buildings and a superintendent of supplies. |
6 | The board shall prescribe the terms and duties and fix the |
7 | salaries of each of such employes. They shall be responsible to |
8 | the board for the conduct of their respective departments, shall |
9 | make annual reports to the board, and shall from time to time |
10 | submit such plans and suggestions for the improvement of the |
11 | schools and the school system as they shall deem expedient or as |
12 | the board of public education may require. |
13 | The superintendent of buildings shall be an engineer or |
14 | architect of good standing in his profession. The superintendent |
15 | of buildings and the superintendent of supplies shall each give |
16 | such security for the faithful performance of the duties of |
17 | their respective offices as the board of public education shall |
18 | prescribe. |
19 | Section 6. The amendment or addition of sections 1073, |
20 | 1073.1, 1076, 1077, 1078 and 1080 of the act shall apply to |
21 | contracts of district superintendents or assistant district |
22 | superintendents entered into or renewed on or after the |
23 | effective date of this section. |
24 | Section 7. This act shall take effect in 60 days. |
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