Cause (for suspension)

Suspension is not a permanent severance of the employment relationship between employee and school district. In Pennsylvania school law, suspension refers to different actions: (a) "lay off" or furlough, (b) removal from employment for disciplinary reasons, or (c) removal from employment pending termination proceedings. In the Pennsylvania School Code, suspension refers to what is commonly referred to as "lay off", furlough or "reduction in force". Court decisions have extended suspension to the other two classes of actions-i.e. (b) and (c).

A school board must have a reason (cause) for suspending a professional employee (tenured employee). The only causes for which a professional employee may be suspended ("laid off") by a school board are stated in 24 PS § 11-1124. Professional employes cannot be suspended for economic reasons-i.e. simply to save money and reduce school district expenditures.

Only professional employees are given statutory protection against "lay off"; untenured employees (temporary professional employes) are not protected. Untenured employees could be given protection by the collective bargaining agreement and tenured employees could be given additional protection by the collective bargaining agreement.

Causes for disciplinary suspension and/or suspension pending termination proceedings, either with or without pay, would be stated in school board resolution or policy. Case law indicates that a school board can impose a disciplinary suspension for one of the causes specified in the Pennsylvania School Code for termination of contract.

School Code 24 PS S 11-1124

 

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