1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in professional employees, further
6providing<- for temporary professional employees, for 
7contracts, execution and form, for causes for suspension and
8for persons to be suspended and to receive tenure, for
9collective bargaining agreements and for timing of appeal of
10suspension; and making editorial changes.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. Section 1121(b) of the act of March 10, 1949
14(P.L.30, No.14), known as the Public School Code of 1949,
15amended March 29, 1996 (P.L.47, No.16), is amended to read:

<-16Section 1. Sections 1108 and 1121(b) of the act of March 10,
171949 (P.L.30, No.14), known as the Public School Code of 1949,
18amended March 29, 1996 (P.L.47, No.16), are amended to read:

19Section 1108. Temporary Professional Employes.--(a) It
20shall be the duty of the district superintendent to notify each

1temporary professional employe, at least twice each year during
2the period of his or her employment, of the professional
3quality, professional progress, and rating of his or her
4services. No temporary professional employe shall be dismissed
5unless rated unsatisfactory, and notification, in writing, of
6such unsatisfactory rating shall have been furnished the employe
7within ten (10) days following the date of such rating. The
8rating of a temporary professional employe shall be done as
9provided in section one thousand one hundred twenty-three of
10this act.

11(b) (1) A temporary professional employe initially employed
12by a school district prior to June 30, 1996, whose work has been
13certified by the district superintendent to the secretary of the
14school district, during the last four (4) months of the second
15year of such service, as being satisfactory shall thereafter be
16a "professional employe" within the meaning of this article.

17(2) A temporary professional employe initially employed by a
18school district, on or after June 30, 1996, but prior to June 
1930, 2014, whose work has been certified by the district
20superintendent to the secretary of the school district, during
21the last four (4) months of the third year of such service, as
22being satisfactory shall thereafter be a "professional employe"
23within the meaning of this article.

24(2.1) A temporary professional employe initially employed by
25a school district, on or after June 30, 2014, whose work has
26been certified by the district superintendent to the secretary
27of the school district, during the last four (4) months of the
28fifth year of such service, as being satisfactory shall
29thereafter be a "professional employe" within the meaning of
30this article.

1(3) The attainment of the status under paragraph (1) [or
2(2)], (2) or (2.1) shall be recorded in the records of the board
3and written notification thereof shall be sent also to the
4employe. The employe shall then be tendered forthwith a regular
5contract of employment as provided for professional employes. No
6professional employe who has attained tenure status in any
7school district of this Commonwealth shall thereafter be
8required to serve as a temporary professional employe before
9being tendered such a contract when employed by any other part
10of the public school system of the Commonwealth.

11(c) (1) Any temporary professional employe employed by a
12school district prior to June 30, 1996, who is not tendered a
13regular contract of employment at the end of two years of
14service, rendered as herein provided, shall be given a written
15statement signed by the president and secretary of the board of
16school directors and setting forth explicitly the reason for
17such refusal.

18(2) Any temporary professional employe employed by a school
19district after June 30, 1996, but prior to June 30, 2014, who is
20not tendered a regular contract of employment at the end of
21three years of service, rendered as herein provided, shall be
22given a written statement signed by the president and secretary
23of the board of school directors and setting forth explicitly
24the reason for such refusal.

25(3) Any temporary professional employe employed by a school
26district on or after June 30, 2014, who is not tendered a
27regular contract of employment at the end of five (5) years of
28service, rendered as herein provided, shall be given a written
29statement signed by the president and secretary of the board of
30school directors and setting forth explicitly the reason for

1such refusal.

2(d) Temporary professional employes shall for all purposes,
3except tenure status, be viewed in law as full-time employes,
4and shall enjoy all the rights and privileges of regular full-
5time employes.

6Section 1121. Contracts; Execution; Form.--* * *

7(b) (1) Each board of school directors in all school
8districts shall hereafter enter into contracts, in writing, with
9each professional employe initially employed by a school
10district prior to June 30, 1996, who has satisfactorily
11completed two (2) years of service in any school district of
12this Commonwealth.

13(2) Each board of school directors in all school districts
14shall hereafter enter into contracts, in writing, with each
15professional employe initially employed by a school district, on
16or after June 30, 1996, <-but prior to June 30, 2014, who has
17satisfactorily completed [three (3)<-] five (5) years of service
18in any school district of this Commonwealth.

<-19(3) Each board of school directors in all school districts
20shall only hereafter enter into contracts, in writing, with each
21professional employe initially employed by a school district, on
22or after June 30, 2014, who has satisfactorily completed THREE
23(3) years of service in any school district of this Commonwealth
24and received overall performance ratings of "distinguished" or
25"proficient" on both of the professional employe's most recent
26performance evaluations pursuant to section 1123 at the school
27district of current employment.

28* * *

29Section 2. Section 1124(a) 1124 <-of the act, amended June 30,
302012 (P.L.684, No.82), is amended to read:

1Section 1124. Causes for Suspension.--(a) Any board of
2school directors may suspend the necessary number of
3professional employes, for any of the causes hereinafter
4enumerated:

5(1) substantial decrease in pupil enrollment in the school
6district;

7(2) curtailment or alteration of the educational program on
8recommendation of the superintendent and on concurrence by the
9board of school directors, as a result of substantial decline in
10class or course enrollments or to conform with standards of
11organization or educational activities required by law or
12recommended by the Department of [Public Instruction] Education;

13(3) consolidation of schools, whether within a single
14district, through a merger of districts, or as a result of joint
15board agreements, when such consolidation makes it unnecessary
16to retain the full staff of professional employes; [or]

17(4) when new school districts are established as the result
18of reorganization of school districts pursuant to Article II.,
19subdivision (i) of this act, and when such reorganization makes
20it unnecessary to retain the full staff of professional
21employes[.]; or

22(5) economic reasons that require a reduction in
23professional employes.

24* * *<-

<-25A school district may not use costs as the sole factor in
26determining which professional employes to suspend, but shall
27use the procedures in section 1125.1 to determine the order in
28which professional employes are suspended.

29(b) Notwithstanding an existing or future provision in a
30collective bargaining agreement or other similar employment

1contract to the contrary, suspension of a professional employe
2due to the curtailment or alteration of the educational program
3as set forth in subsection (a)(2) may be effectuated without the
4approval of the curtailment or alteration of the educational
5program by the Department of Education, provided that, where an
6educational program is altered or curtailed as set forth in
7subsection (a)(2), the school district shall notify the
8Department of Education of the actions taken pursuant to
9subsection (a)(2). The Department of Education shall post all
10notifications received from a school district pursuant to this
11subsection on the Department of Education's publicly accessible
12Internet website.

13(c) A collective bargaining agreement negotiated by a school
14district and an exclusive representative of professional
15employes in accordance with the act of July 23, 1970 (P.L.563,
16No.195), known as the "Public Employe Relations Act," after the
17effective date of this subsection may not prohibit the
18suspension of professional employes for economic reasons other
19than as provided for in this section. A provision in any
20agreement or contract in effect on the effective date of this
21subsection that prohibits the suspension of professional
22employes for economic reasons in conflict with this section
23shall be discontinued in any new or renewed agreement or
24contract or during the period of status quo following an expired
25contract.

26Section 3. Section 1125.1 of the act, amended or added
27November 20, 1979 (P.L.465, No.97) and July 10, 1986 (P.L.1270,
28No.117), is amended to read:

29Section 1125.1. Persons to be Suspended.--(a) Professional
30employes shall be suspended under section 1124 [(relating to

1causes for suspension) in inverse order of seniority within the
2school entity of current employment. Approved leaves of absence
3shall not constitute a break in service for purposes of
4computing seniority for suspension purposes.] <-based upon the 
5professional employe's performance evaluations pursuant to 
6section 1123 within the professional employe's areas of 
7certification. <-in the following order within the area of 
8certification required by law for the professional employe's 
9current position:

10(1) Each professional employe who received an overall
11performance rating of "failing" on the professional employe's
12most recent performance rating shall be suspended first.

13(2) After suspending professional employes under paragraph
14(1), each professional employe who received an overall
15performance rating of "needs improvement" on the professional
16employe's most recent performance rating shall be suspended
17second.

18(3) After suspending professional employes under paragraph
19(2), each professional employe who received an overall
20performance rating of "proficient" on the professional employe's
21most recent performance rating shall be suspended third.

22(4) After suspending professional employes under paragraph
23(3), each professional employe who received an overall
24performance rating of "distinguished" on the professional
25employe's most recent performance rating shall be suspended
26last.

27(a.1) When more professional employes receive the same
28overall performance rating than there are suspensions, seniority
29within the school entity shall be used to determine suspensions
30among professional employes with the same overall performance

1rating on the employe's most recent performance evaluation
2pursuant to section 1123.

3(a.2)  Seniority shall continue to accrue during suspension
4and all approved leaves of absence.

5(b) Where there is or has been a consolidation of schools,
6departments or programs, all professional employes shall retain
7the seniority rights they had prior to the reorganization or
8consolidation.

9[(c) A school entity shall realign its professional staff so
10as to insure that more senior employes are provided with the
11opportunity to fill positions for which they are certificated
12and which are being filled by less senior employes.]

13(d) (1) No suspended employe shall be prevented from
14engaging in another occupation during the period of suspension.

15(2) Suspended professional employes or professional employes
16demoted for the reasons set forth in section 1124 shall be
17reinstated on the basis of their [seniority] <-performance 
18evaluation within their areas of certification, followed next by 
19seniority <-overall performance rating on their most recent 
20performance evaluation within the area of certification required 
21by law for the position held by the professional employe on the 
22date the professional employe was suspended or demoted, with the 
23highest rated employes reinstated first, except seniority within
24the school entity <-shall be used to make reinstatement decisions 
25among teachers with the same overall performance rating on their 
26most recent performance evaluation. No new appointment shall be
27made while there is such a suspended or demoted professional
28employe available who is properly certificated to fill such
29vacancy. For the purpose of this subsection, positions from
30which professional employes are on approved leaves of absence

1shall also be considered temporary vacancies.

2(3) To be considered available a suspended professional
3employe must annually report to the governing board in writing
4his current address and his intent to accept the same or similar
5position when offered.

6(4) A suspended employe enrolled in a college program during
7a period of suspension and who is recalled shall be given the
8option of delaying his return to service until the end of the
9current semester.

10(e) Nothing contained in [section 1125.1(a) through (d)]
11this section shall be construed to:

12(1) limit the cause for which a temporary professional
13employe may be suspended; or

14(2) supersede or preempt any provisions of a collective
15bargaining agreement negotiated by a school entity and an
16exclusive representative of the employes in accordance with the
17act of July 23, 1970 (P.L.563, No.195), known as the "Public
18Employe Relations Act"; however, no agreement shall prohibit the
19right of a professional employe who is not a member of a
20bargaining unit from retaining seniority rights under the
21provisions of this act.

<-22[(f) A decision to suspend in accordance with this section
23shall be considered an adjudication within the meaning of the
24"Local Agency Law."<-]

25(g) A collective bargaining agreement for professional
26employes which is entered into after the effective date of this
27subsection shall not include provisions prohibiting suspension
28of professional employes for economic reasons pursuant to
29section 1124(a)(5).

<-30(g) No collective bargaining agreement negotiated by a
 

1school district and an exclusive representative of the employes 
2in accordance with the act of July 23, 1970 (P.L.563, No.195), 
3known as the "Public Employe Relations Act," after the effective 
4date of this subsection shall provide for suspending, 
5reinstating or realigning professional employes based on 
6seniority other than as provided for in this section. Upon the 
7expiration, amendment or adoption of any agreement or contract, 
8a provision that provides for suspending, reinstating or 
9realigning professional employes based on seniority in conflict 
10with this section shall be discontinued in any new or renewed 
11agreement or contract or during the period of status quo 
12following an expired contract.

13Section 4. Section 1131 of the act is amended to read:

14Section 1131. Appeals to [Superintendent of Public
15Instruction] Secretary of Education.--In case the professional
16employe concerned considers himself or herself aggrieved by the
17action of the board of school directors, an appeal by petition,
18setting forth the grounds for such appeal, may be taken to the
19[Superintendent of Public Instruction] Secretary of Education at
20Harrisburg. Such appeal shall be filed within [thirty (30)]
21fifteen (15) days after receipt by registered mail of the
22written notice of the decision of the board. A copy of such
23appeal shall be served by registered mail on the secretary of
24the school board.

25The [Superintendent of Public Instruction] Secretary of 
26Education shall fix a day and time for hearing, which shall be
27not sooner than ten (10) days nor more than thirty (30) days
28after presentation of such petition, and shall give written
29notice to all parties interested.

30The [Superintendent of Public Instruction] Secretary of
 

1Education shall review the official transcript of the record of
2the hearing before the board, and may hear and consider such
3additional testimony as he may deem advisable to enable him to
4make a proper order. At said hearing the litigants shall have
5the right to be heard in person or by counsel or both.

6After hearing and argument and reviewing all the testimony
7filed or taken before him, the [Superintendent of Public
8Instruction] Secretary of Education shall enter such order,
9either affirming or reversing the action of the board of school
10directors, as to him appears just and proper.

11Section 5. This act shall take effect <-immediately. as 
12follows:

13(1) The amendment or addition of sections 1124(c) and
141125.1(g) of the act shall take effect immediately.

15(2) This section shall take effect immediately.

16(3) The remainder of this act shall take effect July 1,
172015.