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(a) Professional employes shall be suspended under section 1124 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 1123 or subarticle (c.1) 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.
The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Assessment.” The Pennsylvania System of School Assessment test, the Keystone Exams or another test established by the State Board of Education or approved by an act of the General Assembly to meet the requirements of section 2603-B(d)(10)(i) and the requirements of the Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802) or its successor statute or required to achieve other standards established by the department for the school or school district.
“Chief school administrator.” Includes an individual who is employed as a school district superintendent, an executive director of an intermediate unit or an administrative director of an area career and technical school.
“Classroom teacher.” A professional employee or temporary professional employee who provides direct instruction to students related to a specific subject or grade level.
“Classroom walk-through.” An observational classroom visit by an evaluator to observe an employee for the purpose of gathering evidence and artifacts to inform the employee’s rating.
“Comprehensive classroom observation.” An observational classroom visit that includes a preconference and postconference between an evaluator and an employee which may be conducted by telephone or videoconferencing. Upon the mutual agreement of both an evaluator and a professional employee, the requirement of a postconference may be waived for extenuating circumstances, if the evaluator places written documentation of the comprehensive classroom observation in the professional employee’s file. If the extenuating circumstances are raised by the evaluator, a professional employee who does not receive a postconference shall not receive a rating of needs improvement or failing on the comprehensive classroom observation component of an evaluation. The requirement of a postconference shall not be waived for a temporary professional employee.
“Data-available teacher.” A classroom teacher who is a professional employee teaching English, language arts, mathematics, science or other content areas as assessed by an assessment, including the Pennsylvania System of School Assessment and Keystone Exams.
“Department.” The Department of Education of the Commonwealth.
“Differentiated supervision.” A system of supervision of professional employees that:
(1) Involves a multi-year cycle in which supervisors complete a comprehensive classroom observation for one annual rating in the professional employee’s supervision cycle and in the other years of the cycle collaborate with the professional employee to differentiate supervision by developing individualized goals, learning activities and measures for the professional employee’s growth in one or more areas listed in section 1138.3(a)(1) or (b)(1) or a nonteaching professional employee’s growth in one or more areas listed in section 1138.5(a) or (b).
(2) Is offered only to professional employees who received a proficient or distinguished annual rating in both of the two immediately preceding years and is not offered to temporary professional employees.
(3) Is optional for the employer and the professional employee.
(4) In any year in which the professional employee does not receive a comprehensive classroom observation, uses data sources and data collection strategies designed to measure a professional employee’s progress toward the professional employee’s individualized professional goals.
(5) Allows a supervisor to move a professional employee out of individualized professional goals, activities and measures and into comprehensive classroom observation at any time.
(6) Allows a professional employee to move out of individualized professional goals, activities and measures and enter comprehensive classroom observation at any time.
“Economically disadvantaged.” The economically disadvantaged status of a student as reported by a school district, intermediate unit or area career and technical school through the Pennsylvania Information Management System (PIMS) and determined based upon poverty data sources such as eligibility for Temporary Assistance for Needy Families, Medicaid or free or reduced-price lunch, census data, residence in an institution for the neglected or delinquent or residence in a foster home.
“Educational specialist.” The term shall have the same meaning given in section 1.2 of the act of December 12, 1973 (P.L.397, No.141), known as the Educator Discipline Act.
“Evaluator.” Includes the chief school administrator or the chief school administrator’s designee who is an assistant administrator, supervisor or principal, has supervision over the work of the professional employee or temporary professional employee being rated and is directed by the chief school administrator to perform the rating.
“Graduation rate.” The rate submitted by the department under the Every Student Succeeds Act State plan that represents the percentage of students in a school who earn a high school diploma within four years.
“Nonteaching professional employee.” An educational specialist or a professional employee or temporary professional employee who provides services and who is not a classroom teacher.
“Performance improvement plan.” A plan, designed by an employer with documented input from the employee, that:
(1) Provides actionable feedback to an employee on the specific domain within the comprehensive classroom observation and practice models that prevented the employee from achieving a proficient rating. The employer shall consider the documented input from the employee for inclusion in the plan.
(2) Identifies employer resources that will be provided to an employee to help the employee improve. Resources may include, but shall not be limited to, mentoring, coaching, recommendations for professional development and intensive supervision based on the contents of the rating tool provided for under this subarticle.
“Principal.” Includes a building principal, an assistant principal, a vice principal, a supervisor of special education or a director of career and technical education.
“Regulatory Review Act.” The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
Section 1138.2. State rating tool.
In determining whether a professional employee shall be dismissed for unsatisfactory teaching performance as provided for in section 1122(a), and in rating professional employees and temporary professional employees, each professional employee and temporary professional employee shall be rated through the use of a rating tool approved by the department in consultation with education experts, parents of school-age children enrolled in a public school, teachers and administrators, including research and collaboration conducted by the department.
(a) Evaluation with building-level data.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a professional employee serving as a classroom teacher in a building where annual building-level data is made available by the department shall be weighted and calculated accordingly:
(1) Comprehensive classroom observation and practice models that are related to student achievement, which shall comprise 70% of the overall rating in each of the following areas:
(i) Planning and preparation, with a weight of 20%.
(ii) Classroom environment, with a weight of 30%.
(iii) Instruction, with a weight of 30%.
(iv) Professional responsibilities, with a weight of 20%.
(2) Student performance, which shall comprise 30% of the overall rating, and shall be based upon multiple measures of student achievement. The multiple measures shall be comprised of the following:
(i) (A) Building-level data, which shall comprise one-third of the student performance component measure, including each of the following areas, if applicable:
(I) Student performance on assessments administered to the grade level in the building.
(II) Value-added assessment system data made available by the department under section 221 if the building administers assessments in grades for which annual value-added system data is made available by the department.
(III) Graduation rate.
(IV) Attendance rate as reported to the department under section 2512.
(B) The total score for building-level data shall be adjusted by a challenge multiplier for each school building as follows:
(I) Calculate the regression coefficient of determination, known as r2, that estimates the proportion of the variance in school-level data that is predictable by the percentage of students that are economically disadvantaged in a school.
(II) Multiply the regression coefficient of determination under subclause (I) by .1.
(III) Multiply the product produced in subclause (II) by the most currently available percentage of economically disadvantaged students in the school.
(IV) Multiply the product produced in subclause (III) by 100.
(V) Add the product produced in subclause (IV) to the building level score.
(C) Buildings must have a minimum of two measures in clause (A) in order to receive a building-level score.
(ii) Teacher-specific data, which shall comprise two-thirds of the student performance component measure, including student achievement as measured by the following scores:
(A) If the individual is a data-available teacher, the following measures shall be weighted accordingly:
(I) One-half of the score shall be comprised of the following:
(a) Student performance on assessments as applicable and attributable to the classroom teacher.
(b) Value-added assessment system data made available by the department under section 221 if the building administers assessments in grades for which annual value-added system data is made available by the department as applicable and attributable to the classroom teacher. The data shall be calculated using three consecutive years of data.
(c) Progress in meeting the goals of student individualized education plans required under the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) as applicable and attributable to the classroom teacher.
(II) One-half of the score shall be comprised of one or more measures as applicable and attributable to the classroom teacher selected by the employer from the following list:
(a) Locally developed school district rubrics.
(b) District-designed measures and examinations.
(c) Nationally recognized standardized tests.
(d) Industry certification examinations.
(e) Student projects pursuant to local requirements.
(f) Student portfolios pursuant to local requirements.
(B) If the individual is not a data-available teacher, the teacher-specific data shall be comprised of the following measures:
(I) One-half of the score shall be comprised of progress in meeting the goals of student individualized education plans required under the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) as applicable and attributable to the classroom teacher.
(II) One-half of the score shall be comprised of one or more measures as applicable and attributable to the classroom teacher selected by the employer from the following list:
(a) Locally developed school district rubrics.
(b) District-designed measures and examinations.
(c) Nationally recognized standardized tests.
(d) Industry certification examinations.
(e) Student projects pursuant to local requirements.
(f) Student portfolios pursuant to local requirements.
(b) Evaluation without building-level data.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a professional employee who is a classroom teacher primarily assigned in a building or buildings within a school entity by which the classroom teacher is not employed or where building-level data is not made available by the department shall be weighted and calculated as follows:
(1) Classroom observation and practice models that are related to student achievement, which shall comprise 80% of the overall rating in each of the following areas:
(i) Planning and preparation, with a weight of 20%.
(ii) Classroom environment, with a weight of 30%.
(iii) Instruction, with a weight of 30%.
(iv) Professional responsibilities, with a weight of 20%.
(2) Student performance as applicable and attributable to the classroom teacher, which shall comprise 20% of the overall rating, and shall be comprised of the following measures:
(i) (Reserved).
(ii) One-half of the score shall be comprised of progress in meeting the goals for student individualized education plans required under the Individuals with Disabilities Education Act as applicable and attributable to the classroom teacher.
(iii) One-half of the score shall be comprised of one or more measures selected by the employer from the following list:
(A) Locally developed school district rubrics.
(B) District-designed measures and examinations.
(C) Nationally recognized standardized tests.
(D) Industry certification examinations.
(E) Student projects pursuant to local requirements.
(F) Student portfolios pursuant to local requirements.
(c) Temporary professional employee.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a temporary professional employee serving as a classroom teacher shall be based on comprehensive classroom observation and practice models that are related to student achievement, which shall comprise 100% of the overall rating in each of the following areas:
(1) Planning and preparation, with a weight of 20%.
(2) Classroom environment, with a weight of 30%.
(3) Instruction, with a weight of 30%.
(4) Professional responsibilities, with a weight of 20%.
(d) Rating tool.–The following shall apply:
(1) No later than March 31, 2021, the department shall develop, issue and submit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin a rating tool for professional employees and temporary professional employees serving as classroom teachers that is consistent with subsections (a), (b) and (c) and includes the multiple measures of student performance as specified under subsections (a), (b) and (c).
(2) Beginning with the 2021-2022 school year, the rating tool developed under this section shall be used in the rating of each professional employee and temporary professional employee serving as a classroom teacher.
(3) After March 31, 2021, any changes to the rating tool developed under this section shall be made by the State Board of Education through regulations promulgated under the Regulatory Review Act.
(e) Classroom walk-throughs.–The classroom observation and practice models component under subsections (a)(1), (b)(1) and (c) may include the use of multiple classroom walk-throughs in an academic year to gather evidence and artifacts to inform the professional employee’s or temporary professional employee’s ratings under subsections (a)(1)(ii) and (iii), (b)(1)(ii) and (iii) and (c)(2) and (3). Classroom walk-throughs used to inform the ratings for a professional employee or temporary professional employee under this subarticle shall ensure that specific observations are based only on factors that are present or witnessed by the evaluator during the walk-through. Classroom walk-throughs shall be used to gather evidence in addition to, not in place of, data gathered during one or more comprehensive classroom observations except when defined by a plan of differentiated supervision.
(a) Evaluation.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a professional employee serving as a principal in a building where annual building-level data is made available by the department shall be calculated with 70% of the overall rating reflected in the areas of planning and preparation, school environment, delivery of service and professional development utilizing a rating tool approved by the department.
(b) Student performance.–Student performance shall be measured as provided in section 1138.3(a)(2) for professional employees and temporary professional employees supervised by the principal and shall comprise 10% of the principal’s overall rating. The 10% building-level data shall include, if available, but not be limited to:
(1) Student performance on assessments.
(2) Value-added assessment system data made available by the department under section 221 if the building administers assessments in grades for which annual value-added system data is made available by the department.
(3) Graduation rate.
(4) Attendance rate as reported to the department under section 2512.
(5) The total score for building-level data shall be adjusted by a challenge multiplier for each school building as follows:
(i) Calculate the regression coefficient of determination, known as r2, that estimates the proportion of the variance in school-level data that is predictable by the percentage of students that are economically disadvantaged in a school.
(ii) Multiply the regression coefficient of determination under subparagraph (i) by .1.
(iii) Multiply the product produced in subparagraph (ii) by the most currently available percentage of economically disadvantaged students in the school.
(iv) Multiply the product produced in subparagraph (iii) by 100.
(v) Add the product produced in subparagraph (iv) to the building level score.
(c) Performance goals.–Performance goals shall comprise 20% of the principal’s annual evaluation. Performance goals shall be determined prior to the beginning of each school year between the principal and the principal’s immediate supervisor. Performance goals may be district-specific or building-specific goals. The following shall apply:
(1) Performance goals should include specific measurable areas and the evidence to be collected during the year.
(2) After the initial meeting to determine the goals, the principal and the principal’s supervisor shall meet midyear to monitor progress on established goals and to modify goals.
(3) At the conclusion of the school year, the principal and the principal’s immediate supervisor shall meet to evaluate the performance goals by providing an overall rating of the attainment of the goals as follows:
(i) A score of 3, which indicates “distinguished” goal performance.
(ii) A score of 2, which indicates “proficient” goal performance.
(iii) A score of 1, which indicates “needs improvement” goal performance.
(iv) A score of 0, which indicates “failing” goal performance.
(d) Evaluation without building-level data.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a professional employee who is a principal assigned in a building or buildings where building-level data is not made available by the department shall be weighted and calculated as follows:
(1) The following areas shall comprise 80% of the overall rating and are reflected in the areas of planning and preparation, school environment, delivery of service and professional development utilizing a department-approved rating tool.
(2) Performance goals shall comprise 20% of the principal’s annual evaluation. Performance goals will be determined prior to the beginning of each school year between the principal and the principal’s immediate supervisor. Performance goals may be district-specific or building-specific goals. The following shall apply:
(i) Performance goals may include specific measurable areas and the evidence to be collected during the year.
(ii) After the initial meeting to determine the goals, the principal and the principal’s supervisor shall meet midyear to monitor progress on established goals and to modify goals.
(iii) At the conclusion of the school year, the principal and the principal’s immediate supervisor shall meet to evaluate the performance goals by providing an overall rating of the attainment of the goals as follows:
(A) A score of 3, which indicates “distinguished” goal performance.
(B) A score of 2, which indicates “proficient” goal performance.
(C) A score of 1, which indicates “needs improvement” goal performance.
(D) A score of 0, which indicates “failing” goal performance.
(e) Rating tool.–
(1) No later than March 31, 2021, the department shall develop, issue and transmit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin a rating tool for professional employees and temporary professional employees serving as principals that is consistent with this section and includes the weights given to the multiple measures of student performance contained under subsection (b).
(2) Beginning with the 2021-2022 school year, the rating tool developed under this section shall be used in the rating of each principal superseding all other rating cards and forms used previously.
(3) After March 31, 2021, any changes to the rating tool developed under this section shall be made by the State Board of Education through regulations promulgated under the Regulatory Review Act.
Section 1138.5. Nonteaching professional employees.
(a) Evaluation.–Beginning in the 2021-2022 school year, professional employees employed as nonteaching professionals shall be evaluated using a rating tool designed specifically for nonteaching professional employees which shall be determined in the following manner:
(1) The following shall compose 90% of the overall rating of nonteaching professional employees:
(i) Planning and preparation, with a weight of 25%.
(ii) Educational environment, with a weight of 25%.
(iii) Delivery of service, with a weight of 25%.
(iv) Professional development, with a weight of 25%.
(2) Student performance as measured by building-level data as described in section 1138.3(a)(2)(i)(A) and (B) for each building in which the employee is assigned shall compose 10% of the overall rating of nonteaching professional employees.
(b) Evaluation without building-level data.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a professional employee who is a nonteaching professional primarily assigned in a building or buildings within a school entity by which the nonteaching professional is not employed or where building-level data is not made available by the department shall include the following:
(1) Planning and preparation, with a weight of 25%.
(2) Educational environment, with a weight of 25%.
(3) Delivery of service, with a weight of 25%.
(4) Professional development, with a weight of 25%.
(c) Temporary professional employee.–Beginning in the 2021-2022 school year, the evaluation of the effectiveness of a temporary professional employee who is a nonteaching professional shall be evaluated using a rating tool designed specifically for nonteaching temporary professional employees which shall include the following:
(1) Planning and preparation, with a weight of 25%.
(2) Educational environment, with a weight of 25%.
(3) Delivery of service, with a weight of 25%.
(4) Professional development, with a weight of 25%.
(d) Rating tool.–
(1) No later than March 31, 2021, the department shall develop, issue and publish in the Pennsylvania Bulletin a rating tool for nonteaching professional and temporary professional employees that is consistent with this section and includes the weights given to the multiple measures of student performance contained under subsection (a).
(2) Beginning with the 2021-2022 school year, the rating tool developed under this section shall be used in the rating of each nonteaching professional and temporary professional employee.
(3) After March 31, 2021, any subsequent changes to the rating tool developed under this subsection shall be made by the State Board of Education through regulations promulgated under the Regulatory Review Act.
Section 1138.6. Local rating tools.
Notwithstanding sections 1138.2, 1138.3, 1138.4 and 1138.5, professional employees and temporary professional employees serving as classroom teachers, principals and nonteaching professional employees may be evaluated through the use of a rating tool developed by an individual school district, intermediate unit or area career and technical school that the department has approved as meeting or exceeding the measures of effectiveness established under this subarticle.
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We are continually updating the State Revised Code Information: Check back often. If you need information immediately, please use the Contact Us section of the website.
We are continually updating the State Revised Code Information: Check back often. If you need information immediately, please use the Contact Us section of the website.
We are continually updating the State Revised Code Information: Check back often. If you need information immediately, please use the Contact Us section of the website.
Every written agreement hereafter made by one person to answer for the default of another shall subject such person to the liabilities of suretyship, and shall confer upon him the rights incident thereto, unless such agreement shall contain in substance the words: “This is not intended to be a contract of suretyship,” or unless each portion of such agreement intended to modify the rights and liabilities of suretyship shall contain in substance the words: “This portion of the agreement is not intended to impose the liability of suretyship.”
It shall be lawful for any party of whom a bond or undertaking is required to agree with his sureties for the deposit of any or all moneys for which said sureties are or may be held responsible with a trust company authorized by law to receive such deposit, if such deposit is otherwise proper, and for the safekeeping of any and all other depositable assets for which said sureties are or may be held responsible with a safe deposit company authorized by law to do business as such, in such manner as to prevent the withdrawal of such moneys and assets, or any part thereof except with the written consent of such sureties, or an order of the court made on such notice to them as such court may direct.
The surety or sureties in any instrument in writing for the forbearance or payment of money at any future time, shall not be discharged from their liability upon the same, by reason of notice from the surety or sureties, to the creditor or creditors, to collect the amount thereof from the principal in said instruments, unless such notice shall be in writing and signed by the party giving the same.
Whereas it hath been held, that bonds and specialties, under hand and seal, and notes in writing, signed by the party who makes the same, whereby such party is obliged, or promises, to pay unto any other person, or his order or assigns, any sum of money therein mentioned, are not, by law, assignable or indorsable over to any person, so as that the person to whom the said bonds, specialties, note or notes, is or are assigned or indorsed, may in their own names, by action at law, or otherwise, recover the same: Therefore to the intent to encourage trade, commerce and credit, Be it enacted, That all bonds, specialties, and notes, in writing made or to be made, and signed by any person or persons, whereby such person or persons is or are obliged, or doth or shall promise to pay to any other person or persons, his, her, or their order or assigns, any sum or sums of money, mentioned in such bonds, specialties, note or notes, may, by the person or persons to whom the same is or are made payable, be assigned, indorsed and made over to such person or persons as shall think fit to accept thereof.
The person or persons, to whom such bonds, specialties or notes, are or shall be assigned, indorsed or made over, their factors, agents, executors or assigns, may, at his, her or their pleasure, again assign, indorse and makeover the same, and so toties quoties.
No person or persons shall have power, by virtue of this act, to make, issue, or give out, any bonds, specialties or notes, by themselves or servants, than such as they might have made, issued, and given out, if this act had never been made.
It shall not be in the power of the assignors, after assignment made as aforesaid, to release any of the debts or sums of money really due by the said bonds, specialties or notes.
All official bonds hereafter given by any clerk of either branch of the legislature, or by any county treasurer, or by any brigade inspector, or by any officer on the public works, shall not be deemed invalid, on the ground, that the same may not have been approved by the proper officer or officers, as directed by law; but the same are hereby declared to be as good and valid in law, against said public officers and their sureties, as if said bonds had been executed and approved in due form of law; and no mistake in the bond of any collector or other public officer, as to the name of the officer described in the instrument intended for his official bond, shall in anywise invalidate such bond, but the same shall be considered to apply to the officer, whose office was intended to be described in such bond.
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