Frequently Asked Questions About Act 45 and Act48 Suspension

1. Under what authority has the Act 45 and Act 48suspension/moratorium been instituted?

Act 24 of 2011 amended section 1205.1 of thePublic School Code of 1949 by adding subsection (F); section 1205.2 of thePublic School Code of 1949 by adding subsection (N.1); and section 1205.5 ofthe Public School Code of 1949 by adding subsection (H). These amendmentssuspended Act 45 and Act 48 continuing professional education requirements forschool and system leaders and educators until June 30, 2013. 24 P.S. §§12-1205.1(F); 12-1205.2(N.1); 12-1205.5(H).

2. When do the Act 45 and Act 48 moratoriums takeeffect?

The Act 48 suspension/moratorium period takeseffect on August 29, 2011. The Act 45 suspension/moratorium was effective onJune 30, 2011.

3. May I complete Act 45 or Act 48 courses,programs or activities and receive credit hours during the suspension?

Yes, no one is prohibited from taking Act 45 orAct 48 courses, programs or activities if they choose to do so during thesuspension/moratorium period. Any educator or school or system leader maycontinue to acquire Act 45 or Act 48 credits and/or hours during thestatutorily prescribed two-year suspension period. Hours accrued during thistime will be credited to the compliance period in effect at the time thesuspension/moratorium took effect.



4. Have all of the professional educationrequirements for Act 45 and Act 48 been suspended for two years?

No, not entirely – see below:

INDUCTION

The requirement for principals, vice principalsand assistant principals to complete the PIL induction program within fiveyears of appointment for the first time as a principal, vice principal orassistant vice principal to convert to an administrative II certification wasnot suspended.  See generally 24 P.S. § 11-1109.

ALTERNATIVE PATHWAY TO ADMINISTRATIVE ORVOCATIONAL DIRECTOR CERTIFICATION

Candidates for administrative or vocationaldirector certification that do not complete a college or university graduateprogram in education approved by the Department MUST complete a leadershipdevelopment program that addresses the school leadership standards (PIL) withintwo years of serving in the capacity for which the candidate wascertified.   See 24 P.S. § 12-1207.1(D)(1)(IV).

The Department is currently developing guidelinesthat will identify approved program(s) for this purpose.

ALTERNATIVE PATHWAY FOR APPOINTMENT OR ELECTIONTO A SUPERINTENDENT OR ASSISTANT SUPERINTENDENT POSITION

An individual that holds a graduate degree froman accredited higher education institution in business or finance and has atleast four years of relevant experience in business, finance or management thatis elected or appointed as a district superintendent or assistant districtsuperintendent for the first time MUST complete a program that addresses theschool leadership standards (PIL).  See 24 P.S. § 10-1003(B-C).

The Department is currently developing guidelinesthat will identify approved program(s) for this purpose, with a definitivetimeline for completion of any approved program(s).

NOTE:  All previously established routes toobtain either Administrative or Vocational Director Certificate(s) AND/ORLetters of Eligibility or Appointment or Election to Superintendent orAssistant Superintendent that existed prior to the passage of Act 24 of 2011are still valid.  

5. Will individuals facing inactivation of theircertification prior to the effective date of the suspension/moratorium havetheir certificate inactivated?

Inactivation notices will be sent out to alleducators not completing Act 48 requirements with continuing education periodsthat end on or before August 28, 2011.    These educators’certificates will be placed in “Inactivation Pending” status and may beinactivated between June 30 and July 31, 2012. Certificates of school andsystem leaders that are pending inactivation for failure to complete their Act45 continuing professional education requirements will remain in “InactivationPending” status during the course of the suspension/moratorium period, as themoratorium/suspension for Act 45 was effective on June 30, 2011.

6.  Will end dates be changed for educatorswith continuing education periods ending on or after the start of thesuspension/moratorium?

Yes, two years will be added to the continuingprofessional education period of all educators with continuing educationperiods that currently end on or after August 29, 2011, the start date of thesuspension/moratorium. In other words, their continuing education period enddates will be changed so that their periods expire two years later than theywould have expired without the suspension/moratorium.

7. During the suspension/moratorium period doesit matter that educators have “inactive” certificates?

Yes, those educators with inactive certificatesas of June 1, 2011 will remain inactive although educators may have theircertificates reactivated during the suspension/moratorium if they completetheir outstanding continuing professional education requirements during theperiod of the suspension/moratorium. See Question No. 10 below.

8.What is the last continuing education period end date that the Department willsend inactivation notices for prior to the beginning of thesuspension/moratorium (08/29/2011)? 

Inactivation notices will be sent to alleducators not completing Act 48 requirements with continuing education periodsending on or before August 28, 2011.

9.  Will the Department be changing thestatus of those educators in “Inactivation Pending” status to “Inactive” statusin on June 30, 2012?

The Department maintains the right under the lawto continue to inactivate certificates with “Inactivation Pending” statusduring the period of the suspension/moratorium.  Pursuant to section1205.2 of Act 48, the Department may place a professional educator’s (includingschool and system leaders) certificate in inactive status between June 30 andJuly 31, 2012.  24 P.S. § 12-1205.2(h)(4).

10. Will educators with inactive certificates beable to reactivate their certificates during the suspension/moratorium period?

Yes, an educator’s certificate(s) will bereactivated if the individual completes the required 180 hours or six collegecredits of continuing education during the course of the suspension/ moratoriumperiod.

11. Will four year notices be sent to those withone year or less remaining in their compliance period during thesuspension/moratorium period?

No, four year notices will be discontinued duringthe suspension/moratorium period.

12. Will reporting of continuing education hoursand credits continue during the suspension/moratorium period?

Yes, all providers will be able to report Act45/Act 48 hours and credits during the suspension/moratorium period.

13.  How does the suspension/moratoriumaffect the continuing professional education periods of educators who get theirfirst Act 48 covered certificate issued to them during thesuspension/moratorium?    

All educators who are issued their first Act 48covered certificate during the period of the suspension/moratorium will beassigned a continuing education period end date of June 30, 2018.

14. Will extensions of the continuingprofessional education period be granted during the suspension/moratoriumperiod?

There will be no need to grant extensions duringthe suspension/moratorium period; therefore, none will be granted. 

15.  Will the Department place educators onVoluntary Inactive status during the period of the suspension/moratorium?

Yes, educators may apply for Voluntary Inactivestatus, and the Department will continue to place them on Voluntary Inactivestatus, during the suspension/moratorium period.

16.  What will happen with regard to thecontinuing education period end dates of educators who apply to have theirVoluntary Inactive status removed during the suspension/moratorium period?

Normally, when an educator requests removal ofVoluntary Inactive status the educator upon reactivation is credited with theamount of time remaining in the continuing education period when thateducator’s certificate was placed on Voluntary Inactive status – i.e., it isadded to the remainder of the educator’s continuing education period. However, because the moratorium will be effective upon the removal of thevoluntary inactive status, the educator’s compliance period will be extended bythe amount of time remaining in the continuing education period when thateducator’s certificate was placed on Voluntary Inactive status upon expirationof the suspension/moratorium.  

17.  Will the Department continue to offerfree online courses for Act 48 hours during the period of theSuspension/Moratorium?

Yes, the free online courses will continue to beoffered during the period of the suspension/ moratorium. Educators can go to http://pdesas.org and establish a login (freeto everyone) at the question prompt “Registered User?” in the right handcolumn. At the top right, click on Teacher Tools, and after that, click on PDCenter. Descriptions of the free courses can be found there and educators canregister to take them.

18. May currently approved Pennsylvania InspiredLeaders (PIL) courses continue to be offered during the suspension/moratoriumperiod?

Yes, courses and programs approved through theITQ process prior to the suspension may be offered throughout the period of thesuspension/moratorium.

19. Will the provider approval process continuefor Act 48 Approved Providers during the suspension/ moratorium period? 

Yes, providers that wish to apply for initial Act48 Approved Provider status may submit new applications for review and approvalby the Department. 

20.  What will happen if an Act 48Provider’s period of approval expires during the period of thesuspension/moratorium?

The suspension/moratorium has no effect on thelength of approval for Act 48 and Act 45 Providers.  Act 48 and Act 45Providers will follow the normal three-year submission cycle for seekingapproval. 

21. Will the Invitation to Qualify (ITQ) approvalprocess continue for new PIL courses and programs during thesuspension/moratorium period?

Yes, the Department of Education will continue toapprove PIL courses and programs at regularly scheduled intervals throughoutthe year.

22. Are Local Education Agencies (LEAs) requiredto submit professional education plans during the suspension/moratorium period?

Professional education plans as required bysection 1205.1 of the Public School Code of 1949, 24 P.S. § 12-1205.1, are notrequired during the suspension/moratorium period; however, professionaleducation plans associated with the federal requirements of Title I and TitleII will continue in effect. It should be noted that Title I requires sustainedon-going, intensive professional development as a component within mandatedschool improvement plans. Further, any district receiving Title I and Title IIfunding is required to include a professional development plan within theschool improvement plan along with the requirements of 22 Pa. Code § 49.17(Continuing Professional Education).

23. Will the Department continue to review andapprove initial professional education plans submitted by private/nonpublicschools during the suspension/moratorium?

Yes, private/non-public schools may continue tosubmit initial professional education plans to the Department for review andapproval during the period of the suspension/moratorium. Approvals will begranted for a period of three years. 

24. What will happen if a private/nonpublicschool’s professional education plan expires during the suspension/moratoriumperiod?

The suspension/moratorium has no effect on thelength of approval for private/nonpublic school professional education plans.Private/nonpublic schools will continue to follow the normal three-yearsubmission cycle for seeking approval of professional education plans.