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§ 11-1124. Causes for suspension

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: November 6, 2017

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: November 6, 2017
24 P.S. § 11-1124
§ 11-1124. 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 and on concurrence by the board of school directors, 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 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; or
(5) economic reasons that require a reduction in professional employes.
(a.1) The following apply:
(1) A school district may not use an employe's compensation in determining which professional employes to suspend, but shall use the procedures in section 1125.11 to determine the order in which professional employes are suspended.
(2) A chief school administrator or other administrator who knowingly approves a suspension that violates paragraph (1) shall have a letter from the Secretary of Education indicating the violation included as part of the individual's permanent employment record.
(b) Notwithstanding an existing or future provision in a collective bargaining agreement or other similar employment contract to the contrary, suspension of a professional employe due to the curtailment or alteration of the educational program as set forth in subsection (a)(2) may be effectuated without the approval of the curtailment or alteration of the educational program by the Department of Education, provided that, where an educational program is altered or curtailed as set forth in subsection (a)(2), the school district shall notify the Department of Education of the actions taken pursuant to subsection (a)(2). The Department of Education shall post all notifications received from a school district pursuant to this subsection on the Department of Education's publicly accessible Internet website.
(c) The following shall apply in the case of a suspension pursuant to subsection (a)(5) in which a board of school directors suspends professional employes who are 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 all of the following apply:
(i) The Secretary of Education determines that the school district's operations are already sufficiently streamlined or the suspension of administrative staff pursuant to paragraph (1) would cause harm to school stability and student programs.
(ii) The Secretary of Education submits the determination to the State Board of Education.
(iii) The State Board of Education approves the determination by a majority of its members.
(3) Any five administrative staff positions selected by the board of school directors, one of whom shall be the business manager of the school district or another staff member with the primary responsibility of managing the business operations of the school district, shall be exempt from the requirements of paragraph (1).
(d) A board of school directors may suspend professional employes pursuant to subsection (a)(5) only if all of the following apply:
(1) The board of school directors approves the proposed suspensions by a majority vote of all school directors at a public meeting of the board of school directors.
(2) No later than sixty (60) days prior to the date of adoption of a final budget, the board of school directors has adopted a resolution of intent to suspend professional employes in the following fiscal year, which shall set forth the following:
(i) The economic conditions of the school district making the proposed suspensions necessary and how those economic conditions will be alleviated by the proposed suspensions, including:
(A) The total cost savings expected to result from the proposed suspensions.
(B) A description of other cost-saving actions taken by the board of school directors, if any.
(C) The projected expenditures of the school district for the following fiscal year with and without the proposed suspensions.
(D) The projected total revenues of the school district for the following fiscal year.
(ii) The number and percentage of employes to be suspended who are professional employes assigned to provide instruction directly to students.
(iii) The number and percentage of employes to be suspended who are administrative staff.
(iv) The number and percentage of employes to be suspended who are professional employes who are not assigned to provide instruction directly to students and who are not administrative staff.
(v) The impact of the proposed suspensions on academic programs to be offered to students following the proposed suspensions, as well as the impact on academic programs to be offered to students if the proposed suspensions are not undertaken, compared to the current school year, and the actions, if any, that will be taken to minimize the impact on student achievement.
(e) Following the 2021-2022 school year, the Legislative Budget and Finance Committee shall conduct a study of the effectiveness of the provisions of subsections (a)(5), (c) and (d) and section 1125.1, including whether these provisions of law are being used effectively by school districts to improve school district efficiency and the impact of these provisions on programs offered to students, as well as the impact on programs that would have been offered to students if these provisions had not been enacted, if such information is available, and shall deliver a written report of its findings to the Governor, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives by December 31, 2022.
(f) The following apply:
(1) A collective bargaining agreement negotiated by a school district and an exclusive representative of professional employes in accordance with the act of July 23, 1970 (P.L. 563, No. 195),2 known as the “Public Employe Relations Act,” after the effective date of this subsection may not prohibit the suspension of professional employes for economic reasons other than as provided for in this section.
(2) A provision in any agreement or contract in effect on the effective date of this subsection that prohibits the suspension of professional employes for economic reasons in conflict with 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, § 1124. Amended 1963, Aug. 8, P.L. 564, § 8; 2012, June 30, P.L. 684, No. 82, § 15, effective July 1, 2012; 2017, Nov. 6, P.L. 1142, No. 55, § 5, imd. effective.

Footnotes

24 P.S. § 11-1125.1.
43 P.S. § 1101.101 et seq.
24 P.S. § 11-1124, PA ST 24 P.S. § 11-1124
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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