24 Pa. Stat. § 25-2518

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 25-2518 - Forfeitures for employing improperly certified individuals

In the event that after the first day of July one thousand nine hundred fifty-one, any school district, or intermediate unit with respect to area technical schools, for a period of two successive years employes the same teacher, who holds only an emergency certificate for any grade or subject which he teaches, or for a period of two successive years, employs in the same position teachers, who hold only an emergency certificate for any grades or subjects which they teach, such school district or board shall forfeit the sum of three hundred dollars ($300) for each teacher so employed or for each position so filled. No such penalty shall be imposed for any violation of the foregoing provision during the biennium one thousand nine hundred forty-seven--one thousand nine hundred forty-nine. Any school district or intermediate unit with respect to area technical schools that now or hereafter employs any teacher, who does not hold any form of teacher certification to teach in the public schools of this Commonwealth, valid for the subjects or grades in which the teacher is giving instruction, shall forfeit one reimbursement unit for each such teacher employed. Any school district or intermediate unit with respect to area technical schools that employs any person in a supervisory capacity after the first Monday of July, 1962, who has not been certified for such position by the Department of Education, shall forfeit one reimbursement unit for each such person employed: Provided, That there shall not be any forfeiture for any uncertificated person who is employed in a supervisory capacity if such person was in the employ of any school district on or before July 1, 1962. Forfeiture shall apply only to uncertificated persons who are hired in a supervisory capacity after July 1, 1962. Any school district or intermediate unit with respect to area technical schools that employs a substitute after July first, one thousand nine hundred fifty-two, in a position where a vacancy exists for a full year or more, without the specific written approval of the Secretary of Education, shall forfeit one reimbursement unit for each substitute so employed. The Secretary of Education shall deduct such sum or sums from the amount of the Commonwealth appropriation otherwise due such district or intermediate unit under the provisions of this act.

The foregoing forfeitures of reimbursement units on account of employes uncertificated for the position in which employed, and on account of substitutes, shall not apply in the case of employes in positions after July 1, 1966: Provided, however, That any school district or any county board of school directors with respect to area technical schools that from July 1, 1966, to July 1, 1992, has had in its employ any person in a teaching, specialist, supervisory or administrative capacity who has not been certificated for said position by the Department of Education, or that has had in its employ a substitute in a position where a vacancy exists for a full year or more without the specific written approval of the Secretary of Education, shall forfeit an amount equal to the minimum salary mandated by law for the position less the product of said salary and the aid ratio of the district. Notwithstanding the above, after July 1, 1992, any school district, intermediate unit, area career and technical school or other public school in this Commonwealth that has in its employ any person in a position that is subject to the certification requirements of the Department of Education but who has not been certificated for his position by the Department of Education or that has in its employ a substitute in a position where a vacancy exists for a full year or more without the specific written approval of the Secretary of Education shall forfeit an amount equal to six thousand dollars ($6,000) less the product of six thousand dollars ($6,000) and the district's market value/income aid ratio. Any exemption from forfeiture by reason of employment on or before July 1, 1962 as provided elsewhere in this section shall not be invalidated by this amendment.

24 P.S. § 25-2518

Amended by P.L. TBD 2019 No. 76, § 61, eff. 12/30/2019.
1949, March 10, P.L. 30, art. XXV, § 2518. Amended 1949, May 9, P.L. 962, § 1; 1952, Jan. 14, P.L. (1951) 2018, § 1; 1953, Aug. 21, P.L. 1223, § 12; 1961, Sept. 12, P.L. 1257, § 1; 1965, Oct. 21, P.L. 601, § 54; 1970, Jan. 14, P.L. (1969) 468, § 79; 1970, May 4, P.L. 326, No. 103, § 1; 1970, July 22, P.L. 543, No. 185, § 1; 1993, June 7, P.L. 49, No. 16, § 26, retroactive effective 7/1/1992.