H0412B0845A03233 MSP:EJH 12/14/21 #90 A03233
AMENDMENTS TO HOUSE BILL NO. 412
Sponsor: SENATOR PHILLIPS-HILL
Printer's No. 845
Amend Bill, page 1, lines 5 through 9, by striking out "in
professional employes EMPLOYEES," in line 5 and all of lines 6
through 9 and inserting
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.
Amend Bill, page 1, lines 12 through 20; pages 2 and 3, lines
1 through 30; page 4, lines 1 through 26; by striking out all of
said lines on said pages and inserting
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
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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 (relating to criteria
for eligibility) 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
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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
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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
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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.
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See A03233 in
the context
of HB0412