Pennsylvania Act 2016-143 — PUBLIC SCHOOL CODE OF 1949 - ISSUING PERMANENT COLLEGE CERTIFICATES, PROGRAM OF CONTINUING PROFESSIONAL EDUCATION AND PROFESSIONAL EDUCATOR DISCIPLINE FEE

Act text

Session of 2016

No. 2016-143

HB 2078

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," in certification of teachers, further providing for issuing permanent college certificates, for program of continuing professional education and for professional educator discipline fee.

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

Section 1. Section 1205 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, amended July 22, 1970 (P.L.540, No.183), is amended to read:

Section 1205. Issuing Permanent College Certificates.--The [Superintendent of Public Instruction] Secretary of Education shall issue a permanent college certificate to every graduate of an approved college or university, and of such departments therein as are approved by him, when such graduate furnishes satisfactory evidence of good moral character and successful experience of three years' teaching on a provisional college certificate in approved elementary or secondary schools, in private institutions from which the Department of [Public Instruction] Education purchases services on a tuition basis, and in state-aided and state-owned secondary schools, and has completed such work in education as may be required by the standards of the State Board of Education. Such work in education shall not exceed that required as of the time of graduation of such graduates from colleges or universities approved by the State Board of Education. Such certificate shall entitle its holder to teach without further examination. The Department of Education shall process an application for permanent college certification submitted by a n individual who is a member of the United States Armed Forces, including a reserve component or National Guard, or a veteran, or the spouse of the member of the United States Armed Forces or the spouse of the veteran, within fourteen (14) days of the date the department received the completed application. For the purposes of this section, the term "veteran" shall mean an individual who has served in the United States Armed Forces, including a reserve component or National Guard, and who was discharged or released from such service under conditions other than dishonorable.

Section 2. Section 1205.2(k) of the act, amended June 22, 2001 (P.L.530, No.35), is amended to read:

Section 1205.2. Program of Continuing Professional Education.--* * *

(k) A professional educator who is not employed by a school entity as a professional or temporary professional employe may apply to the department for inactive certification. Inactive certification shall:

(1) Suspend the requirements of this section until inactive certification is removed by the department. Upon the removal of inactive certification, a professional educator shall have the same number of hours of continuing professional education and the same amount of time in which to complete those hours as existed for the professional educator at the time inactive certification was granted.

(2) [Be] Except as provided under paragraph (2.1), be removed by the department upon the application of the professional educator and evidence of the completion of thirty (30) hours of continuing professional education within the immediate preceding twelve (12) months. The department shall establish guidelines to approve courses that will authorize the removal of inactive certification.

(2.1) Be removed by the department upon the application of a professional educator who satisfies all of the following:

(i) holds a valid professional certificate issued by another state;

(ii) provides evidence of current compliance with the continuing education requirements of the other state; and

(iii) was employed on the certificate in the other state within the previous two calendar years prior to the application.

Upon the removal of inactive certification under this paragraph, a professional educator with voluntary inactive certification shall have the same number of hours of continuing professional education and the same amount of time in which to complete those hours as existed for the professional educator at the time inactive certification was granted. In the case of a professional educator whose certificate was placed on inactive status by the department due to the expiration of the professional educator's compliance period, the professional educator shall begin a new five-year compliance period to satisfy the requirements of subsection (a).

(3) Disqualify an individual from being employed by a school entity as a professional or temporary employe. An individual with inactive certification may be employed as a substitute teacher, principal, superintendent or assistant superintendent in accordance with the endorsement on the individual's certificate or letter of eligibility for no more than ninety (90) days during a school year.

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Section 3. Section 1216.1 of the act, added July 9, 2013 (P.L.408, No.59), is amended to read:

Section 1216.1. Professional Educator Discipline Fee.--(a) [In] Except as provided under subsection (d), in addition to any application fee established by the Department of Education, an applicant for certification from the department shall pay a professional educator discipline fee of twenty-five dollars ($25).

(b) The following shall apply:

(1) There is created in the General Fund a restricted receipts account to be known as the Professional Educator Discipline Account.

(2) The Professional Educator Discipline Account shall be funded by money received under this section and any interest derived from funds in the Professional Educator Discipline Account.

(3) The funds in the Professional Educator Discipline Account shall be appropriated to the department for administration, enforcement and adjudication by the department and the Professional Standards and Practices Commission under the act of December 12, 1973 (P.L.397, No.141), known as the "[Professional] Educator Discipline Act."

(c) Notwithstanding any other provision of law, the department may increase the fee established under subsection (a) if the department determines that the cost of enforcement exceeds the revenue generated by the fee and by all other fees, fines and civil penalties provided for under the "[Professional] Educator Discipline Act."

(d) Notwithstanding any other provision of law or regulation, a n individual who is a member of the United States Armed Forces, including a reserve component or National Guard, or a veteran, or the spouse of the member of the United States Armed Forces or the spouse of the veteran, shall be required to pay only the following fees to the department with respect to the individual's certification:

(1) A certification fee not to exceed ten dollars ($10).

(2) A professional educator discipline fee not to exceed twenty-five dollars ($25).

(e) For the purposes of this section, the term "veteran" shall mean an individual who has served in the United States Armed Forces, including a reserve component or National Guard, and who was discharged or released from such service under conditions other than dishonorable.

Section 4. This act shall take effect in 60 days.

APPROVED--The 3rd day of November, A.D. 2016.

TOM WOLF