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24 P.S. §11-1124

DATE OF ISSUE: July 1, 2002

 DATE OF REVIEW: July 1, 2009

PURPOSE

Section 1124 of the School Code provides that: Any board of school directors may suspend the necessary number of professional employes, for any of the causes herein enumerated:

(1)   Substantial decrease in pupil enrollment in the school district;

(2)   curtailment or alteration of the educational program on recommendation of  the superintendent, concurred in by the board of school directors, approved  by the Department of Public Instruction, as a result of substantial decline in class or course enrollments or to conform with standards of organization or educational activities required by law or recommended by the Department  of Public Instruction

PROCEDURES

The Pennsylvania Department of Education will review requests for curtailment or alteration of the educational program of a school district using the following criteria:

1. The Department will approve a school district’s request to curtail or alter an educational program if the district establishes that the curtailment or alteration is the result of a substantial decline in class or course enrollments. Generally, to establish that the curtailment or alteration is the result of a substantial decline in class or course enrollments, the school district must submit enrollment data, certified by the district Superintendent, which demonstrates the following:
   1. that enrollment in the class or course has decreased at least 20% from the school year five years prior; or
   2. that enrollment for the class or course is less than ten students.
2. The Department will approve a school district’s request to curtail or alter an educational program if the district establishes that the curtailment or alteration is necessary to conform with standards of organization. Generally, to establish that a curtailment or alteration is necessary to conform with standards of organization, the school district, through information certified by the district Superintendent, must demonstrate that the requested curtailment or alteration will effect a change in the school or school district’s organization or curriculum that results in a more effective educational program.
3. The Department will approve a school district’s request to curtail or alter an educational program if the district establishes that the curtailment or alteration is necessary to conform with educational activities recommended by the Department. To establish that a  curtailment or alteration is necessary to conform with educational activities recommended by the Department, the school district, through information certified by the district superintendent, must identify the specific department recommendation that serves as the basis for the curtailment or alteration. In determining whether to approve the curtailment or alteration, the department reserves the right to modify or withdraw any recommendation regarding educational activities that was previously issued.
4. The Department will approve a school district’s request to curtail or alter an educational program if the district establishes that the curtailment or alteration is necessary to conform with educational activities required by law. To establish that a curtailment or alteration is necessary to conform with educational activities required by law, the school district, through information certified by the district superintendent, must identify the specific law that serves as the basis for the curtailment or alteration.

All requests must include a copy of the Board Action as recorded in the Board minutes as evidence of approval by the school district’s board of school directors.

For purposes of this section, certification that the district will remain in compliance with minimum curriculum requirements is not adequate proof that the curtailment or alteration is necessary to conform with educational activities required by law.

REFERENCES:

Purdon’s Statutes

24 P.S. §9-963(e)

24 P.S. §11-1124

24 P.S. §18-1850.1(b)(9)

CONTACT BUREAU/OFFICE:

School Services Unit

Office of Elementary/Secondary Education

Pennsylvania Department of Education

333 Market Street, 5th Floor

Harrisburg, PA 17126-0333

Voice: 717.787.4860

Content Last Modified on 8/31/2009 10:36:53 AM

School Services Unit |
Pennsylvania Department of Education – Office of Elementary and Secondary Education
333 Market Street | Harrisburg, PA 17126-0333
Phone: 717.787.4860 | Fax: 717.214.4389
RA-PDE-SchoolService@state.pa.us | www.education.state.pa.us