Bill Text: PA HB2248 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for manner of election or approval, for election of assistant district superintendents, for term and salary of assistants, for commissions, for removal, for superintendents of schools or buildings and of supplies and for associate and assistant district superintendents; and making an editorial change.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced - Dead) 2012-03-13 - Referred to EDUCATION [HB2248 Detail]

Download: Pennsylvania-2011-HB2248-Introduced.html

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PRINTER'S NO. 3206
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2248 Session of2012
INTRODUCED BY McGEEHAN, BRENNAN, CALTAGIRONE, D. COSTA, CRUZ, DeLUCA, GODSHALL, M. O'BRIEN, PASHINSKI, SABATINA, STABACK, SWANGER, VULAKOVICH AND YOUNGBLOOD, MARCH 13, 2012
REFERRED TO COMMITTEE ON EDUCATION, MARCH 13, 2012
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," further providing for manner of
election or approval, for election of assistant district
superintendents, for term and salary of assistants, for
commissions, for removal, for superintendents of schools or
buildings and of supplies and for associate and assistant
district superintendents; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1073 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended January 14, 1970 (1969 P.L.468, No.192) and January 16,
1974 (P.L.1, No.1), is amended to read:
Section 1073. Manner of Election or Approval.--(a) The
board of school directors of each school district[, except in
school districts of the first class,] shall meet at its regular
place of meeting, during the last year of the term of the
district superintendent or at any other time when a vacancy
shall occur in the office of district superintendent, at an hour
previously fixed by the board. The secretary of each board of
school directors shall mail to each member thereof at least five
days beforehand, a notice of the time, place and purpose of such
meeting. At such meeting the board shall elect or approve a
properly qualified district superintendent to enter into a
contract to serve [a term of from three to five years] a term of
three years from the first day of July next following his
election or from a time mutually agreed upon by the duly elected
district superintendent and the board of school directors. The
contract shall be subject to the act of February 14, 2008
(P.L.6, No.3), known as the "Right-to-Know Law."
(b) At a regular meeting of the board of school directors
occurring at least one hundred fifty (150) days prior to the
expiration date of the term of office of the district
superintendent, the agenda shall include an item requiring
affirmative action by five or more members of the board of
school directors to notify the district superintendent that the
board intends to retain him for a further term of [from] three
(3) [to five (5)] years or that another or other candidates will
be considered for the office. In the event that the board fails
to take such action at a regular meeting of the board of school
directors occurring at least one hundred fifty (150) days prior
to the expiration date of the term of office of the district
superintendent, he shall continue in office for a further term
of similar length to that which he is serving.
(d) The term of office or commission of a district
superintendent or assistant district superintendent shall not be
shortened by reason of the fact that the district in which he
serves shall be come part of a joint school, or by reason of the
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fact that the district in which he serves shall become a part of
a new school district established as the result of
reorganization of school districts pursuant to Article II.,
subdivision (i) or section 224 of this act. Any district
superintendent, assistant districts superintendent or
supervising principal not selected as the district
superintendent of the joint school or newly established school
district in which the district he serves becomes a part shall be
assigned to a position or office for which he is eligible:
Provided, however, That in a new school district reorganized
under Article II., subdivision (i) or section 224 of this act,
he shall be assigned to a position or office which is
administrative or supervisory in nature only, but there shall be
no reduction in salary until the expiration of his commission.
Thereafter, unless elected to an office requiring a commission
he shall have the status of a professional employe: Provided,
That the board of school directors may adjust the salary
according to the classification of the position to which he may
be assigned, and that the period of service as a commissioned
district superintendent, assistant district superintendent or
associate superintendent shall be counted as time served as a
professional employe in determining his seniority rights.
(e) The following shall apply:
(1) Notwithstanding any other provision of law, no
individual shall be employed as a superintendent or assistant
superintendent by a school district except pursuant to a written
contract of employment expressly stating the terms and
conditions of employment.
(2) A contract for the employment of a superintendent or
assistant superintendent shall do all of the following:
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(i) Contain the mutual and complete agreement between the
superintendent or assistant superintendent and the board of
school directors with respect to the terms and conditions of
employment.
(ii) Consistent with State Board of Education certification
requirements, specify the duties, responsibilities, job
description and performance expectations.
(iii) Incorporate all provisions relating to compensation
and benefits to be paid to or on behalf of the superintendent or
assistant superintendent.
(iv) Specify the term of employment and state that the
contract shall terminate immediately upon the expiration of the
term unless the contract is allowed to renew automatically under
subsection (b).
(v) Specify the termination, buyout and severance
provisions, including all postemployment compensation and the
period of time in which the compensation shall be provided.
(vi) Contain provisions relating to outside work that may be
performed, if any.
(vii) State that any modification to the contract must be in
writing.
(viii) State that the contract shall be governed by the laws
of this Commonwealth.
(ix) Limit compensation for unused sick leave to the maximum
compensation for unused sick leave under the teachers'
collective bargaining agreement for that district at the time of
the contract or renewal.
(x) Limit transferred sick leave from previous employment to
not more than thirty (30) days.
(3) No agreement between the board of school directors and a
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superintendent or assistant superintendent for a negotiated
severance of employment prior to the end of the specified
contract term shall provide for severance compensation to the
superintendent or assistant superintendent, including the
reasonable value of any noncash severance benefits or
postemployment benefits not otherwise accruing under the
contract or pursuant to law, that:
(i) If the agreement takes effect two (2) years or more
prior to the end of the specified contract term, exceeds the
equivalent of one year's compensation and benefits otherwise due
under the contract.
(ii) If the agreement takes effect less than two (2) years
prior to the end of the specified contract term, exceeds the
equivalent of one-half of the total compensation and benefits
due under the contract for the remainder of the term.
Section 2. Sections 1076 and 1077 of the act, amended
January 16, 1974 (P.L.1, No.1), are amended to read:
Section 1076. Election of Assistant District
Superintendents, Except in Districts First Class.--Except in
districts of the first class, assistant district superintendents
shall be chosen by a majority vote of all the members of the
board of school directors of the district, for a term of [from]
three [to five] years upon the nomination by the district
superintendent.
Section 1077. Term and Salary of Assistants.--Assistant
district superintendents may serve through the term of the
district superintendent, or enter a contract for a term of
[from] three [to five] years at salaries paid by the district,
and fixed by a majority vote of the whole board of school
directors prior to their election. The contract shall be subject
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to the act of February 14, 2008 (P.L.6, No.3), known as the
"Right-to-Know Law."
At a regular meeting of the board of school directors
occurring at least one hundred fifty (150) days prior to the
expiration date of the term of office of the assistant district
superintendent, the agenda shall include an item requiring
affirmative action by five (5) or more members of the board of
school directors to notify the assistant district superintendent
that the board intends to retain him for a further term of
[from] three (3) [to five (5)] years or that another or other
candidates will be considered for the office. In the event that
the board fails to take such action at a regular meeting of the
board of school directors occurring at least one hundred fifty
(150) days prior to the expiration date of the term of office of
the assistant district superintendent, he shall continue in
office for a further term of similar length to that which he is
serving.
Section 3. Section 1078 of the act, amended January 14, 1970
(1969 P.L.468, No.192), is amended to read:
Section 1078. Commissions.--District superintendents and
assistant district superintendents shall be commissioned by the
[Superintendent of Public Instruction] Secretary of Education.
Section 4. Sections 1080, 2104 and 2107 of the act are
amended to read:
Section 1080. Removal.--(a) District superintendents and
assistant district superintendents may be removed from office
and have their contracts terminated, after hearing, by a
majority vote of the board of school directors of the district,
for neglect of duty, for failure to meet the terms of the
contract, incompetency, intemperance, or immorality, of which
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hearing notice of at least one week has been sent by mail to the
accused, as well as to each member of the board of school
directors.
(b) The board of school directors shall publicly disclose at
the next regularly scheduled monthly meeting the cause or reason
for the removal from office of a district superintendent or
assistant district superintendent under subsection (a).
(c) Proceedings under this section shall be held under 2
Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of
local agencies).
Section 2104. Superintendents of Schools or Buildings and of
Supplies.--The board of public education in each school district
of the first class shall, whenever a vacancy in said office
shall occur, appoint a district superintendent, who shall be
designated and known as superintendent of schools, for a term of
not more than [six (6)] three (3) years. The board may also
appoint a superintendent of buildings and a superintendent of
supplies. The board shall prescribe the terms and duties and fix
the salaries of each of such employes. They shall be responsible
to the board for the conduct of their respective departments,
shall make annual reports to the board, and shall from time to
time submit such plans and suggestions for the improvement of
the schools and the school system as they shall deem expedient
or as the board of public education may require.
The superintendent of buildings shall be an engineer or
architect of good standing in his profession. The superintendent
of buildings and the superintendent of supplies shall each give
such security for the faithful performance of the duties of
their respective offices as the board of public education shall
prescribe.
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Section 2107. Associate and Assistant District
Superintendents.--Supervision of all matters pertaining to
instruction in all the schools, under the direction and subject
to the approval of the board of public education, shall be
vested in the superintendent of schools, associate
superintendents, assistant district superintendents, and school
principals. Associate and assistant district superintendents may
be appointed by the board of school directors, upon the
nomination of the superintendent of schools. They shall receive
such compensation as the board of public education may
determine. They shall be under the supervision and direction of
the superintendent of schools. Assistant district
superintendents shall be assigned by the superintendent of
schools to administrative districts. They shall, in conjunction
with the school principals, inquire into and supervise all
matters relating to the government, courses of study, method of
teaching, discipline, and conduct of all schools in their
respective districts, and shall report the same when required to
the superintendent of schools. Notwithstanding any other
provision of law, associate superintendents and assistant
district superintendents may only serve a term of three (3)
years.
Section 5. The amendment of sections 1073, 1076, 1077, 1078,
1080, 2104 and 2107 of the act shall apply to contracts or
agreements entered into or renewed on or after the effective
date of this section.
Section 6. This act shall take effect in 60 days.
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