Superintendent’s Corner

August 2008

Teacher Certification and Tenure

 

 

            I have been approached several times by members of the community and school board to define teacher tenure and the certification process. 

 

These items listed below will give an overview of what it takes to be a temporary, professional employee or professional employee and what it takes to be granted tenure within the state of Pennsylvania.  This also outlines some areas that are valid causes for the dismissal of a professional employee.

 

First, let’s clarify a legal definition of a teacher which is, “a professional employee, temporary professional employee, a substitute or instructor in public schools within the Commonwealth who devotes 50% or more time to teaching or other educational activities.”  Second, the qualifications are:  an individual must be of good moral character, at least 18 years of age, a citizen of the United States and certified in the appropriate area.  There then are two different areas for classification at the district level:  one is a temporary professional employee, which is a certified teacher who has not completed the required probationary period of three (3) years and has not earned tenure.  The second is a professional employee which is a certified teacher who has been granted tenure by the school board.  There are two types of instructional certificates:  Instructional I is a teaching certificate issued to those individuals who have successfully completed an approved, baccalaureate program who are recommended by their University for the certificate.  The certificate is valid for six (6) teaching years in the areas listed on the certificate.  Instructional II is a teaching certificate issued by the Pennsylvania Department of Education after the holder of the Instructional I has successfully completed a minimum of three (3) years teaching and earned an additional 24 credits.  The certificate is valid for 99 years.

 

            Teacher tenure falls under Act 16 of 1996.  “Teacher tenure is looked at for a temporary, professional employee who is initially employed by a school district on or after June 30, 1996 whose work has been certified by the district superintendent to the secretary of the school district during the last four (4) months of the third year of service as being satisfactory shall thereafter be a professional employee within the meaning of this article.” 

 

The only valid causes for dismissal of a professional employee or a temporary, professional employee are:  “immorality; incompetency; unsatisfactory teaching performance, based upon two (2) consecutive ratings of employee’s teaching experience that are to include classroom observations not less than four (4) months apart in which the employee’s teaching performance is rated unsatisfactory; intemperance; cruelty; persistent negligence in the performance of duties; willful neglect of duties; physical or mental disability, as documented by competent medical evidence, which after reasonable accommodation of such disability as required law substantially interferes with the employee’s ability to perform the essential functions of the position; subversive activities; conviction of a felony or acceptance of a guilty plea of a nolo contendere  therefore; persistent and willful violation or failure to comply with laws including board directives and policies. 

 


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