Bill Text: PA SB441 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for disqualifications relating to teacher's certificate, for medical examinations of teachers and other persons and for attendance in other districts.

Spectrum: Slight Partisan Bill (Republican 9-4)

Status: (Passed) 2010-11-23 - Act No. 123 [SB441 Detail]

Download: Pennsylvania-2009-SB441-Amended.html

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HOUSE AMENDED
PRIOR PRINTER'S NOS. 445, 1075, 1896 PRINTER'S NO. 1949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 441 Session of2009
INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 4, 2010
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 certificates <--
qualifying persons to teach and for kinds of State
certificates; providing for postbaccalaureate certification;
and further providing for disqualifications relating to
teacher's certificate.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1209 of the act of March 10, 1949 <--
(P.L.30, No.14), known as the Public School Code of 1949,
amended April 15, 1959 (P.L.41, No.16) and June 24, 1959
(P.L.485, No.110), is amended to read:
Section 1. Section 1201 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), is amended to
read:
Section 1201. Certificates Qualifying Persons to Teach.--
Only those persons holding one of the following certificates
shall be qualified to teach in the public schools of this
Commonwealth--(1) Permanent college certificate, (2) provisional
college certificate, (3) normal school diploma, (4) normal
school certificate, (5) special permanent certificate, (6)
special temporary certificate, (7) permanent State certificate,
(8) residency certificate, (9) intern certificate, (10)
certificates which are permanent licenses to teach by virtue of
the provisions of section one thousand three hundred eight of
the act, approved the eighteenth day of May, one thousand nine
hundred eleven (Pamphlet Laws 309), as amended, which is
repealed hereby, or [(9)] (11) such other kinds of certificates
as are issued under the standards prescribed by the State Board
of Education. The State Board of Education shall also provide
for issuance of certificates by district superintendents to meet
such emergencies or shortage of teachers as may occur.
Section 2. Sections 1203 and 1206 of the act are amended to
read:
Section 1203. Kinds of State Certificates.--(a) State
certificates hereafter granted shall include the following:
Provisional College Certificates,
Permanent College Certificates,
Certificates issued by other states and validated by the
Superintendent of Public Instruction,
Special Temporary Certificates,
Special Permanent Certificates[.],
Residency Certificates,
Intern Certificates.
(b) All persons receiving any of such certificates shall
have qualifications not less than graduation from a State
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Teachers' College of this Commonwealth, or equivalent training.
Postbaccalaureate certification programs, including residency,
intern and administrative certification programs completed under
section 1207.1 are equivalent training for purposes of this act.
(c) Every college certificate shall set forth the names of
the college or university from which its holder was graduated.
State certificates shall entitle their holders to teach in every
part of this Commonwealth for the terms herein specified.
Section 1206. Certificates Issued by Other States.--[The
Superintendent of Public Instruction may validate in this
Commonwealth teachers' certificates issued by other states, or
by the State normal schools or colleges of other states, whose
requirements are equivalent to those of this Commonwealth. Such
validation of certificates may be revoked by the Superintendent
of Public Instruction at any time.] (a) Candidates holding a
valid instructional certificate issued by another state may be
eligible for comparable Pennsylvania certification provided that
the candidate meets the following requirements:
(1) Holds a bachelor's degree from a regionally accredited
college or university.
(2) Has at least three (3) years of successful professional
experience.
(3) Demonstrates subject matter competency in the applicable
area of Pennsylvania certification.
(4) Satisfies the requirements of section 1209.
(b) The Secretary of Education shall adopt standards and
guidelines as necessary to implement this section.
Section 3. The act is amended by adding a section to read:
Section 1207.1. Postbaccalaureate Certification.--(a)
Notwithstanding any other provision of law to the contrary, the
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Secretary of Education shall have all of the following powers
and duties with regard to postbaccalaureate certification
programs:
(1) Evaluate and approve, in accordance with this section,
all postbaccalaureate certification programs, including
accelerated programs, leading to the certification of
professional personnel including intern certification programs,
residency certification programs and administrative
certification programs.
(2) Evaluate and approve qualified providers of
postbaccalaureate certification programs, which may include
providers other than institutions of higher education.
(3) Develop guidelines for the approval of postbaccalaureate
instructional certification programs, which shall include:
(i) Instruction and training in the following:
(A) Educational strategies for the designated subject area.
(B) Child development specifically related to the level of
the certificate sought.
(C) Professional ethics and responsibilities.
(D) Pennsylvania academic standards.
(E) Assessment knowledge and skills.
(F) Accommodations and adaptations for students with
disabilities in an inclusive setting.
(G) Strategies for meeting instructional needs of English
language learners.
(ii) Requirements for candidate oversight and mentoring that
include field placement, student teaching, classroom
observations and ongoing support for novice educators in
partnership with local education agencies during their induction
period, including observation, consultation and assessment that
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includes close supervision by a professional employe.
(4) Issue certificates in accordance with this section to
qualified candidates.
(5) Adopt standards and guidelines as necessary to implement
this section.
(b) (1) The Secretary of Education may make a one-time
issuance of a residency certificate for service in a specific
shortage area of instruction in public schools of this
Commonwealth to an applicant who meets all of the following:
(i) Satisfies the requirements specified under section 1209.
(ii) Meets one of the following:
(A) Holds a doctoral degree from an accredited college or
university in the subject area of shortage.
(B) Holds a master's degree from an accredited college or
university in the subject area of shortage and has at least two
(2) years of work experience in the subject area or related
field.
(C) Holds a bachelor's degree from an accredited college or
university in the subject area of shortage and has at least five
(5) years of work experience in the subject area or related
field.
(iii) Is continuously enrolled in an approved residency
program.
(iv) Presents evidence of satisfactory achievement on the
appropriate subject area content test.
(2) A residency certificate shall be valid for three (3)
years of teaching in the public schools of this Commonwealth in
the area for which it applies.
(3) The Secretary of Education shall have all of the
following powers and duties related to the issuance of residency
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certificates:
(i) Identify areas of certification in which there is a
Statewide or regional shortage of qualified teachers.
(ii) Develop guidelines for the residency program in
accordance with subsection (a).
(iii) Issue residency certificates to qualified applicants.
(iv) Report annually to the State Board of Education on the
number of residency certificates issued under this section.
(4) A residency certificate may be converted to an
Instructional I Certificate upon the completion of all residency
program requirements under Department of Education guidelines
and the completion of three (3) years of satisfactory teaching
in the public schools of this Commonwealth.
(c) (1) Postbaccalaureate instructional intern
certification programs shall provide flexible and accelerated
pedagogical training to teachers who have demonstrated subject
matter competency in a subject area related to their
certification, provided that the first year of teaching includes
a minimum of one classroom observation each month by an approved
postbaccalaureate certification program provider.
(2) The Secretary of Education may make a one-time issuance
of a postbaccalaureate instructional intern certificate for
service in a specific area of instruction to candidates who, in
addition to meeting the requirements of section 1209, present
evidence of satisfactory achievement on the department-
prescribed subject matter assessments related to the area of
certification and hold a bachelor's degree from an accredited
college or university. This certificate shall require continuing
enrollment in an approved postbaccalaureate instructional intern
certification program.
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(3) A postbaccalaureate instructional intern certificate
shall be valid for three (3) years of teaching in the public
schools of this Commonwealth and may not be renewed.
(4) A candidate shall be issued an Instructional I
Certificate upon successful completion of the approved
postbaccalaureate instructional intern program provided that the
candidate has satisfied the requirements of section 1209.
(d) (1) Notwithstanding any other provision of law, no
person shall be granted an administrative certificate by the
Department of Education unless:
(i) The candidate holds a bachelor's degree from a
regionally accredited college or university.
(ii) The candidate has had three (3) years of relevant
professional experience.
(iii) The candidate satisfies the requirements of section
1209.
(iv) The candidate has completed in a college or university
a graduate program in education approved by the Department of
Education or has provided to the Secretary of Education
satisfactory evidence that the candidate has successfully
completed a leadership development program that meets the
Pennsylvania school leadership standards under section 1217.
(2) The Secretary of Education may adopt standards and
guidelines as necessary to implement this section.
(e) Notwithstanding any other provision of law, no candidate
for certification or admission into a certification preparation
program who holds a bachelor's degree from a regionally
accredited college or university shall be required to complete
the academic preparation requirements of 22 Pa. Code Ch. 354
(relating to preparation of professional educators).
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Section 4. Section 1209 of the act, amended April 15, 1959
(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended
to read:
Section 1209. Disqualifications.--No teacher's certificate
shall be granted to any person who [has]:
(1) Has not submitted, upon a blank furnished by the
[Superintendent of Public Instruction] Secretary of Education, a
certificate from a physician [legally qualified to practice
medicine], certified registered nurse practitioner or physician
assistant licensed or certified in this Commonwealth, or in any
other state or the District of Columbia, setting forth that
[said] the applicant is [neither mentally nor physically
disqualified, by reason of tuberculosis or any other
communicable disease or by reason of mental disorder] not
disqualified by reason of a mental or physical disability or a
communicable disease from the successful performance of the
[duties of a teacher; nor to any person who has not] essential
functions of a teacher with or without a reasonable
accommodation.
(2) Does not have a good moral character[, or who is].
(3) [in the habit of using opium or other narcotic drugs in
any form, or any intoxicating drink as a beverage, or to any
applicant who has a major physical disability or defect unless
such a person submits a certificate signed by an official of the
college or university from which he was graduated or of an
appropriate rehabilitation agency, certifying that in the
opinion of such official the applicant, by his work and
activities, demonstrated that he is sufficiently adjusted,
trained and motivated to perform the duties of a teacher,
notwithstanding his impediment.] Engages in the illegal use of
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controlled substances or alcoholic beverages. An applicant for
certification may overcome the disqualification under this
paragraph and receive a teaching certificate if the applicant is
reviewed by the Department of Education pursuant to the
requirement of paragraph (2) and determined to be of good moral
character.
Section 2 5. Any regulations of the Department of Education <--
that are inconsistent with this act are hereby abrogated to the
extent of the inconsistency.
Section 3 6. This act shall take effect in 60 days <--
immediately. <--
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