May 24, 2004

      Since 1999, there has been a tremendous and ongoing controversy as to exactly what our teachers’ obligations are in obtaining Act 48 or continuing education credits.  On May 13th, following receipt of a written legal opinion from our attorney, a special meeting of the SDACT Executive Board and all Senior Delegates was held to discuss this issue, so that our members might receive a definitive answer to that question.  We have asked all Delegates to call meetings of members in their buildings to disseminate this information and answer all questions.  This special edition of the Communicator  is also dedicated to addressing the issue.  
     Before getting to the answers regarding our obligations, a brief history of the complex developments connected with this issue is in order.  First and foremost , it is extremely important to note that under state law, certification is not required to teach in private schools in Pennsylvania, including Catholic schools.  Nonetheless, it is equally as important to note that many (but certainly not all) of our contracts with our various employers mandate some form of state certification. Finally, it is vitally important to note, that our contracts with our employers constitute the total legal relationship which bind us and them.  Neither dictates from the Diocesan Schools Office, nor Diocesan School Policy have any bearing on unionized teachers.
     Prior to the passage of Act 48 of 1999, teachers held “permanent” teaching certificates in their academic area.  Act 48 changed all of this by requiring that 180 hours of continuing education credits be obtained to maintain certification.  At that time, in those schools where permanent certification was a contractual condition of employment, specific language was added to those contracts to reflect that change.  That language is as follows:  “The School will make every reasonable effort to provide for teachers to maintain their permanent Pennsylvania certification in accordance with Act 48 of 1999, through in-service meetings and training sessions.”   
     Next came word from our employers, that we were to sign a form attached to a directive from the Catholic Schools Office, signifying that we were aware of our “obligations” under a new Diocesan directive that we must obtain 180 hours of continuing education credits to remain employed by our schools.  This requirement, we are told, has nothing to do with Act 48, and would apply to all teachers including those who teach computers, religion, etc., and any others for whom PA certification does not exist, as well as to those teachers in schools where PA certification has never been a condition of employment.  End of history lesson.  
     Now the answers.  The SDACT has consulted with legal counsel who has looked at our contracts and now proffers this advice:

 Question:  If my contract mandated permanent certification for me before the passage of  Act 48, (and continues to do so) must I obtain the 180 hours of continuing education credits?

 Answer:  YES.  Teachers must obtain the credits or face dismissal.  (A proviso here.  Has the employer  fulfilled his contractual obligation to “make every reasonable effort to provide for teachers to maintain their permanent Pennsylvania certification in accordance with Act 48 of 1999, through in- service  meetings and training sessions.”  Talk to you Senior Delegate about this proviso.)  
 

 Question:  I hold temporary certification in Social Studies but have taught Science for the  past 30 years. If my contract did not mandate permanent certification for me before the passage of Act 48, must I obtain the 180 hours of continuing education credits?

 Answer:  NO.  If not required to obtain permanent certification before, you do not need the credits.  

 Question:  My contract requires temporary certification.  I teach Religion.  Do I need to obtain the credits?

 Answer:  NO.  If no PA certification is available in your subject area, you need not pursue the credits.

 Question:  My contract does not require PA certification at all.  My employer insists that he  can mandate my obligation to earn continuing education credits per the Diocesan policy.  At  my employer’s request, I signed a paper saying that I understood the policy of obtaining the  continuing education credits. Must I obtain the credits?  
 
 Answer:  NO.  The contract governs.  The only parties which can effect legally binding agreements are  the employer and the union.  Your signature on any document connected with your employment  means nothing.  If the union did not contractually agree to the policy of obtaining credits, it cannot be  unilaterally mandated by the employer.  On the whole, the employer may not force an employee to expend his/her own resources, both time and money, on credits where the credits are not necessary to  keep certification as a job qualification.  Could the employer require a music teacher to attend five operas at La Scala in Milan?  Could they require a math teacher to write a math dissertation every  two years?  Could they require a history teacher to walk five World War II battlefields each summer?   Could the employer require an English teacher purchase a complete set of Milton, Shakespeare, Chaucer and Burroughs?  They might, but it had better be a job qualification agreed to by union and  employer in the labor agreement.
     
     Hopefully, following your meeting with your Senior Delegate, you will fully understand your obligation on this issue. If questions still remain, don’t hesitate to call the SDACT office for any additional clarification.