Districts can now lay off teachers based on performance

Pittsburgh Post-Gazette

A new law that went into effect earlier this week will allow financially pinched school districts to lay off teachers based on their performance in the classroom, rather than their years of experience.

It marks a major upheaval in the realm of Pennsylvania teacher contracts, and one that unions furiously battled for years.

“These are significant changes,” said Ira Weiss, whose law firm represents a number of local school districts, including Pittsburgh Public Schools.

So far this week, teachers unions have been relatively tight-lipped on the subject and merely expressed their disappointment that Gov. Tom Wolf allowed the legislation to pass into law without his signature Monday, despite his “concerns.”

Nina Esposito-Visgitis, president of the Pittsburgh Federation of Teachers, said the state law will supersede the Pittsburgh teachers contract, which bases furloughs on seniority. However, Pittsburgh Public Schools hasn’t furloughed teachers in several years.

“We were really disappointed to see that go through,” she said. “Policy shouldn’t be part of funding package. It’s disappointing, too, that furloughs will be based on an unfair system.”

Pittsburgh labor attorney Michael Healey questions whether the new statute could legally overrule seniority provisions in a teachers contract.

According to the language of the education funding bill, also known as the education code, no future collective bargaining agreements can provide for furloughs based on seniority rather than experience.

“That’s likely grounds for a substantial legal challenge,” Mr. Healey said.