School Code: 1123

Section 4. Section 1123 of the act, amended January 14, 1970 (1969 P.L.468, No.192), is amended to read:

Section 1123. Rating System.--In determining whether a professional employe shall be dismissed for incompetency or unsatisfactory teaching performance as provided for in section 1122(a) of this act, and in rating the services of a temporary professional employe, the professional employe or temporary professional employe shall be rated by an approved rating system which shall give due consideration to personality, preparation, technique, and pupil reaction, in accordance with standards and regulations for such scoring as defined by rating cards to be prepared by the Department of [Public Instruction] Education; and to be revised, from time to time, by the Department of [Public Instruction] Education with the cooperation and advice of a committee appointed by the [Superintendent of Public Instruction] Secretary of Education, including representation from district superintendents of schools, classroom teachers, school directors, school supervisors, parents of school-age children ENROLLED IN A PUBLIC SCHOOL, A REPRESENTATIVE FROM A COLLEGE OR DEPARTMENT OF EDUCATION WITHIN A HIGHER EDUCATION INSTITUTION LOCATED WITHIN THIS COMMONWEALTH, and such other groups or interests as the [Superintendent of Public Instruction) Secretary of Education may deem appropriate. Rating shall be done by or under the supervision of the superintendent of schools or, if so directed by him, the same may be done by an assistant superintendent, a supervisor, or a principal, who has supervision over the work of the professional employe or temporary professional employe who is being rated: provided, That no unsatisfactory rating shall be valid unless approved by the district superintendent.

Section 5. Nothing contained in the amendment of sections 1108, 1122 and 1123 of the act shall supersede or preempt any provisions of an existing collective bargaining agreement between a school entity and an employee organization THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION. For the purpose of this subsection, a "school entity" shall mean a school district, joint school district, intermediate unit or area vocational3 technical school.

Section 6. This act shall take effect immediately.