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§ 11-1125.1. Persons to be suspended

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: March 27, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XI. Professional Employes (Refs & Annos)
Subarticle (c). Tenure (Refs & Annos)
Effective: March 27, 2020
24 P.S. § 11-1125.1
§ 11-1125.1. Persons to be suspended
(a) Professional employes shall be suspended under section 11241 in the following order, within the area of certification required by law for the professional employe's current position:
(1) Each professional employe who received, on the professional employe's two most recent annual performance evaluations, consecutive ratings that are considered unsatisfactory pursuant to section 11232 or subarticle (c.1)3 shall be suspended first.
(2) After suspending professional employes under paragraph (1), each professional employe who received, on the professional employe's two most recent annual performance evaluations, one rating that is considered unsatisfactory pursuant to section 1123 or subarticle (c.1) and one rating that is considered satisfactory pursuant to section 1123 or subarticle (c.1) shall be suspended second.
(3) After suspending professional employes pursuant to paragraph (2), each professional employe who received, on the professional employe's two most recent annual performance evaluations, consecutive ratings which are considered satisfactory pursuant to section 1123 or subarticle (c.1) and which are either consecutive ratings of “proficient” or a combination of one rating of “proficient” or “distinguished” and one rating of “needs improvement” pursuant to section 1123 or subarticle (c.1) shall be suspended third.
(4) After suspending professional employes pursuant to paragraph (3), each professional employe who received, on the professional employe's two most recent annual performance evaluations, consecutive ratings which are considered satisfactory pursuant to section 1123 or subarticle (c.1), and which are consecutive ratings of “distinguished” or a combination of one rating of “proficient” and one rating of “distinguished” pursuant to section 1123 or subarticle (c.1) shall be suspended last.
(a.1) When more professional employes receive the same overall performance rating than there are suspensions, seniority within the school entity and within the area of certification required by law for the professional employe's current position shall be used to determine suspensions among professional employes with the same overall performance rating on the professional employe's two most recent annual performance evaluations pursuant to section 1123 or subarticle (c.1). An approved leave of absence shall not constitute a break in service for purposes of computing seniority for suspension purposes.
(a.2) 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) Deleted by 2017, Nov. 6, P.L. 1142, No. 55, § 5, imd. effective.
(c.1) A school entity shall realign its professional staff so as to ensure that more senior employes are provided with the opportunity to fill any positions within the school entity for which they are certificated and which are being filled by less senior employes, subject to the order specified in subsection (a).
(d) The following apply:
(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 in the following order, within the area of certification required by law for the vacancy being filled and within the school entity:
(i) Professional employes suspended pursuant to subsection (a)(4) shall be reinstated first, on the basis of their seniority within the school entity.
(ii) After reinstating professional employes under subclause (i), professional employes suspended pursuant to subsection (a)(3) shall be reinstated second, on the basis of their seniority within the school entity.
(iii) After reinstating professional employes under subclause (ii), professional employes suspended pursuant to subsection (a)(2) shall be reinstated third, on the basis of their seniority within the school entity.
(iv) After reinstating professional employes under subclause (iii), professional employes suspended pursuant to subsection (a)(1) shall be reinstated last, on the basis of 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 this section shall be construed to:
(1) limit the cause for which a temporary professional employe may be suspended; or
(2) 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),4 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.”5
(g) The following apply:
(1) No collective bargaining agreement negotiated by a school district and an exclusive representative of the employes in accordance with the “Public Employe Relations Act” after the effective date of this subsection shall provide for suspending, reinstating or realigning professional employes based on seniority other than as provided for in this section.
(2) Upon the expiration, amendment or adoption of any agreement or contract, a provision that provides for suspending, reinstating or realigning professional employes based on seniority in conflict with section 1124 or this section shall be discontinued in any new or renewed agreement or contract or during the period of status quo following an expired contract.

Credits

1949, March 10, P.L. 30, No. 14, art. XI, § 1125.1, added 1979, Nov. 20, P.L. 465, No. 97, § 3, imd. effective. Amended 1986, July 10, P.L. 1270, No. 117, § 4, imd. effective; 2017, Nov. 6, P.L. 1142, No. 55, § 5, imd. effective; 2018, June 22, P.L. 241, No. 39, § 5, effective July 1, 2018; 2020, March 27, P.L. 62, No. 13, § 2, imd. effective.

Footnotes

24 P.S. § 11-1124.
24 P.S. § 11-1123.
24 P.S. § 11-1138.1 et seq.
43 P.S. § 1101.101 et seq.
See 2 Pa.C.S.A. §§ 551 et seq., 751 et seq.
24 P.S. § 11-1125.1, PA ST 24 P.S. § 11-1125.1
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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