2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 91 - PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS

Session of 2021

No. 2021-91

 

HB 412

 

AN ACT

 

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," in preliminary provisions, providing for special provisions applicable to limited school years; in professional employees, providing for day-to-day substitutes; in certification of teachers, further providing for substitute teaching permit for prospective teachers, for program of continuing professional education and for locally issued temporary certification for substitute teachers and providing for permit for classroom monitors and for substitute teaching policy; and, in Safe2Say Program, further providing for false reports.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding sections to read:

Section 129.  Special Provisions Applicable to Limited School Years.--Notwithstanding any provision of law or regulation to the contrary, for the 2021-2022 and 2022-2023 school years, if, in the judgment of a school employer, an emergency or shortage of day-to-day substitute teachers exists under 24 Pa.C.S. § 8346(b) (relating to termination of annuities), the school employer may hire an annuitant, as defined in 24 Pa.C.S. § 8102 (relating to definitions), regardless of whether the school employer first attempts to secure nonretired personnel, except that the school employer shall comply with section 1125.1(d)(2) by first offering the work to any certified professional employe on a recall list. The provisions of 24 Pa.C.S. § 8346(b) regarding the continuation of annuity or distributions to an annuitant who returns to school service during an emergency shall apply to annuitants hired under this section. Nothing under this section shall supersede or preempt a provision of an existing collective bargaining agreement between a school employer and an exclusive representative of the employes under the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations Act."

Section 1114.  Day-to-Day Substitutes.--(a)  The following shall apply:

(1)  An individual holding a day-to-day substitute permit issued by the department under 22 Pa. Code § 49.31 (relating to criteria for eligibility) may serve as a day-to-day substitute in any certificate area for a period not exceeding twenty (20) days of substituting for an individual professional or temporary professional employe. If the individual's service exceeds twenty (20) days of substituting for an individual professional or temporary professional employe, a long-term substitute permit issued by the department shall be required.

(2)  An individual holding a day-to-day substitute permit under paragraph (1) may serve as a day-to-day substitute for more than one professional or temporary professional employe within a school year, even if the individual serves as a substitute for more than twenty (20) cumulative days.

(b)  The following shall apply:

(1)  The following service limitations shall apply:

(i)  An individual holding a day-to-day substitute permit issued by a chief school administrator under 22 Pa. Code § 49.34 (relating to locally-issued day-to-day substitute permits) may serve as a day-to-day substitute in any certificate area for a period not exceeding twenty (20) days of substituting for an individual professional or temporary professional employe.

(ii)  An individual holding a valid and active Pennsylvania certificate or a comparable out-of-State certificate may serve as a day-to-day substitute in the individual's certificate area for a period not exceeding twenty (20) days of substituting for an individual professional or temporary professional employe.

(2)  If an individual's service exceeds twenty (20) days of substituting for an individual professional or temporary professional employe, or if a certified individual is substituting outside the individual's certificate area, an emergency permit under 22 Pa. Code § 49.31 issued by the department shall be required.

(3)  An individual holding a day-to-day substitute permit under paragraph (1) may serve as a day-to-day substitute for more than one professional or temporary professional employe within a school year, notwithstanding if the individual serves as a substitute for more than twenty (20) cumulative days.

(c)  The department shall update certification staffing guidelines to comply with this section.

(d)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Chief school administrator" shall include a school district superintendent, an executive director of an intermediate unit, an administrative director of an area career and technical school or a chief executive officer of a charter school, regional charter school or cyber charter school.

"Day-to-day substitute permit" shall mean a permit issued by the department or a chief school administrator to fill a position due to the temporary absence of a professional or temporary professional employe and for which a long-term substitute permit is not required.

"Emergency permit" shall mean a permit issued to fill a vacancy resulting from resignation, termination, retirement, death or the creation of a new position.

"Long-term substitute permit" shall mean a permit issued by the department that allows an individual to substitute for an individual professional or temporary professional employe for more than twenty (20) days.

Section 2.  Sections 1201.1(3), 1205.2(k)(3) and 1215 of the act are amended to read:

Section 1201.1.  Substitute Teaching Permit for Prospective Teachers.--An individual who does not hold a certificate under section 1201 shall be eligible to teach as a substitute in a school district, an area career and technical school or an intermediate unit provided that:

* * *

(3)  An individual receiving a Substitute Teaching Permit for Prospective Teachers may serve as a substitute teacher for no more than ten (10) days per school year for a single professional employe or temporary professional employe, provided that the individual may serve as a substitute for multiple professional employes or temporary professional employes for no more than twenty (20) days per school year. For the 2021-2022 and 2022-2023 school years, the number of days or hours per school year for which an individual receiving a permit under this section may serve as a substitute teacher shall not be limited, except for an individual who is undertaking a student teacher program as required under 22 Pa. Code § 354.25(f) (relating to preparation program curriculum) for educator preparation programs.

* * *

Section 1205.2.  Program of Continuing Professional Education.--* * *

(k)  A professional educator who is not employed by a school entity as a professional or temporary professional employe may apply to the department for inactive certification. Inactive certification shall:

* * *

(3)  Disqualify an individual from being employed by a school entity as a professional or temporary employe. An individual with inactive certification who is not an annuitant as defined in 24 Pa.C.S. § 8102 (relating to definitions) or 71 Pa.C.S. § 5102 (relating to definitions) may be employed as a substitute teacher, principal, superintendent or assistant superintendent in accordance with the endorsement on the individual's certificate or letter of eligibility for no more than [ninety (90)] one hundred and eighty (180) days during a school year.

* * *

Section 1215.  Locally Issued Temporary Certification for Substitute Teachers.--A temporary substitute teacher certificate may be issued by a public school entity to an individual who presents a letter from a college or university verifying that the individual has completed an approved teacher preparation program, has successfully completed the certification testing requirements or is in the process of scheduling the required certification testing and has completed all requirements for the awarding of a bachelor's degree on a date certain. The temporary substitute teacher certificate shall only be used for day-to-day assignments and shall expire upon the termination of any summer school conducted in the summer which follows the date of issuance or upon the receipt of Instructional I certification by the individual. For the 2021-2022 and 2022-2023 school years, the temporary substitute teacher certificate issued under this section may be used for assignments of more than twenty (20) consecutive days to fill a position due to the absence of professional certified personnel.

Section 3.  The act is amended by adding sections to read:

Section 1218.  Permit for Classroom Monitors.--(a)  A school entity may request that the department issue a classroom monitor permit to allow an individual to deliver to students assignments that are preplanned by a professional employe or temporary professional employe. A classroom monitor may not plan lessons or create or grade student work.

(b)  An individual receiving a permit under subsection (a) shall satisfy all of the following:

(1)  Has completed at least sixty (60) semester hours or the equivalent of courses at a college or university located in this Commonwealth and accredited by a regional accrediting agency, or has at least three (3) years' experience as a paraprofessional in a school entity and is currently employed as a paraprofessional in a school entity.

(2)  Has met the requirements under sections 111, 111.1 and 1109(a) and 23 Pa.C.S. Ch. 63 Subch. C (relating to powers and duties of department).

(3)  Has attained a minimum age of twenty-five (25) years.

(4)  Has completed training on classroom management provided by an intermediate unit and approved by the department.

(c)  An individual receiving a permit under this section who is already employed by the school entity as a paraprofessional shall receive the higher of the individual's existing contractual compensation or the compensation established by the school entity for day-to-day substitute teachers.

(d)  Each school entity that uses the services of a classroom monitor under this section shall ensure that each student who receives services under an Individualized Education Program under the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) receives a free and appropriate public education as required under the Individuals with Disabilities Education Act.

(e)  Each school entity shall report to the department the following by March 31, 2023:

(1)  The number of individuals who served as classroom monitors under this section and the number of days on which the school entity used the services of classroom monitors.

(2)  The school entity's day-to-day substitute teacher compensation rates in the 2020-2021, 2021-2022 and 2022-2023 school years. For a school entity that uses a third-party entity to provide substitute teachers, the rate reported by the school entity shall be the take-home amount received by an individual, excluding the portion paid to the third-party entity. The department shall issue rules necessary to effectuate this subsection.

(f)  By April 15, 2023, the department shall issue a report on the effectiveness of the classroom monitor permit and recommendations for improvement or continuation of the permit. The report shall include, but not be limited to, the information reported to the department under subsection (e) and a formal evaluation of the permit and its effectiveness by an independent research organization which may include a college or university accredited by a regional accrediting agency. The report shall be submitted to the General Assembly and the State Board and shall be posted on the department's publicly accessible Internet website.

(g)  This section shall expire on June 30, 2023.

Section 1219.  Substitute Teaching Policy.--By February 15, 2022, each teacher preparation program approved by the department shall adopt a policy regarding allowing an individual undertaking a student teacher program under 22 Pa. Code § 354.25(f) (relating to preparation program curriculum) and satisfying the requirements of section 1201.1(1) to teach as a substitute in exchange for financial compensation, if the individual has received at least one satisfactory observation related to the individual's student teacher program. A teacher preparation program policy may not prohibit substitute teaching by individuals who have received at least one satisfactory observation related to their student teacher program.

Section 4.  Section 1305-D of the act is amended by adding a subsection to read:

Section 1305-D.  False reports.

* * *

(c)  Concurrent jurisdiction.--The Attorney General may investigate and institute criminal proceedings for a violation of this section.

Section 5.  This act shall take effect immediately.

 

APPROVED--The 17th day of December, A.D. 2021.

 

TOM WOLF