PRINTER'S NO. 2837
No. 2153 Session of 1998
INTRODUCED BY HERMAN, TANGRETTI, STAIRS, KREBS, STEELMAN,
STURLA, CURRY, MUNDY, SANTONI, ROBINSON, NAILOR, SEMMEL,
M. COHEN, ROSS, VAN HORNE, BOSCOLA, CALTAGIRONE, EVANS,
TRELLO, D. W. SNYDER, YOUNGBLOOD, DeWEESE, BAKER, DALEY,
McCALL, BENNINGHOFF, COLAFELLA, MAHER, SERAFINI, HENNESSEY,
DEMPSEY, ARGALL, SHANER, BEBKO-JONES, SATHER, HANNA, ROBERTS,
BROWNE, GRUPPO, RAMOS, FEESE, ALLEN, CORPORA, ITKIN, TIGUE,
GEIST, LEVDANSKY, BELFANTI, JAROLIN, MARKOSEK, THOMAS, LUCYK,
STABACK, DeLUCA, TRAVAGLIO, LLOYD, LAUGHLIN, BELARDI,
CASORIO, SAINATO, EACHUS, DRUCE, CAPPABIANCA, SCRIMENTI,
McNAUGHTON AND STEVENSON, JANUARY 28, 1998
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 28, 1998
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for transferred
6 programs and classes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1113 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended August 5, 1991 (P.L.219, No.25), is amended to read:
12 Section 1113. Transferred Programs and Classes.--(a) When a
13 program or class is transferred as a unit from one or more
14 school entities to another school entity or entities,
15 professional employes who [were assigned to the class or program
1 immediately prior to the transfer and are classified as teachers
2 as defined in section 1141(1) and are suspended as a result of
3 the transfer and who are properly certificated shall be offered
4 employment in the program or class by the receiving entity or
5 entities when services of a professional employe are needed to
6 sustain the program or class transferred, as long as there is no
7 suspended professional employe in the receiving entity who is
8 properly certificated to fill the position in the transferred
9 class or program.] are classified as teachers as defined in
10 section 1141(1) and who are properly certified and
11 paraprofessional employes who were assigned to the class or
12 program immediately prior to the transfer and who are suspended
13 as a result of the transfer shall be offered employment in the
14 program or class by the receiving entity or entities when
15 services of professional or a paraprofessional employe are
16 needed to sustain the program or class transferred as long as
17 there is no suspended professional employe or furloughed
18 paraprofessional in the receiving entity who is properly
19 certificated, in the case of a professional employe, or
20 experienced, in the case of a paraprofessional, to fill the
21 position in the transferred class or program. The receiving
22 entity, however, shall not be required to hire a professional or
23 paraprofessional employe pursuant to this subsection whose
24 personnel file, including sealed portions thereof, is not made
25 available to the receiving entity for inspection as a condition
26 of hiring. Receiving entities may refuse to employ an individual
27 who received at least two unsatisfactory ratings during the
28 thirty-six (36) months prior to the date of transfer.
29 (a.1) Transfers under the provisions of this act shall only
30 occur once a year prior to the beginning of each school year and
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1 shall be included in the district's special education plan if
2 the receiving entity is a school district. Special education
3 program transfers may not be implemented unless the transfers
4 are approved by the Department of Education on or before March
5 31 of the school term preceding the proposed transfer.
6 (b) Transferred professional employes shall be credited by
7 the receiving entity only for their sick leave accumulated in
8 the sending entity and also for their years of service in the
9 sending entity, the latter for purposes of sabbatical leave
10 eligibility and placement in the salary schedule: Provided,
11 however, That such employes shall not utilize the sabbatical
12 leave until they have taught in the receiving entity for a
13 period of three (3) years. Such employes shall transfer their
14 accrued seniority in the area of certification required for the
15 transferred program or class only. Transferred paraprofessional
16 employes shall be credited by the receiving entity only for
17 their sick leave accumulated in the sending entity and also for
18 their years of service in the sending entity, the latter for the
19 purpose of placement in the salary schedule.
20 (b.1) Professional employes who are classified as teachers
21 and paraprofessional employes who are not transferred with the
22 classes to which they are assigned or who have received a formal
23 notice of suspension shall form a pool of employes within the
24 school entity. No school entity shall be obligated to hire from
25 the pool, once the pool which is in effect at the time of the
26 transfer has been exhausted. No new [professional] employe who
27 is classified as a teacher or a paraprofessional shall be
28 employed by a school entity assuming program responsibility for
29 transferred students while there is:
30 (1) a properly certificated professional employe who is
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1 classified as a teacher or a paraprofessional employe suspended
2 in the receiving entity; or
3 (2) if no person is qualified under clause (1), a properly
4 certificated member of the school entity pool who is willing to
5 accept employment with the school entity assuming program
6 responsibility for transferred students. Members of the pool
7 shall have the right to refuse employment offers from such
8 school entity and remain in the pool[.]; Provided, however, That
9 the pool member shall not remain in the pool after three
10 refusals of offers of full-time employment and Provided further,
11 That any pool member who changes residency from this
12 Commonwealth to another residency shall be removed from the
13 pool. Refusal to accept work under this subsection shall not be
14 grounds for denial of unemployment compensation under sections
15 401 and 402 of the act of December 5, 1936 (2nd Sp.Sess., 1937
16 P.L.2897, No.1), known as the "Unemployment Compensation Law."
17 (c) Nothing contained in this section shall be construed to
18 supersede or preempt any provision of a collective bargaining
19 agreement in effect on February 4, 1982, and negotiated by a
20 school entity and an exclusive representative of the employes in
21 accordance with the act of July 23, 1970 (P.L.563, No.195),
22 known as the "Public Employe Relations Act."
23 (c.1) If a receiving entity returns a unit to the sending
24 entity within two (2) academic years of the first transfer,
25 professional and paraprofessional employes assigned to the unit
26 shall be given the opportunity to return with the unit.
27 (d) (1) As used in this section, the term "school entity"
28 or "school entities" shall mean an intermediate unit and its
29 participating school districts or an area vocational-technical
30 school and its sending school districts.
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1 (2) As used in this section, the term "unit" shall mean a
2 program or class whose membership falls within the minimum and
3 maximum class size as defined in Department of Education
4 standards.
5 (3) As used in this section, the term "paraprofessional
6 employe" shall mean an instructional assistant or aide,
7 classroom assistant or aide, special education assistant or
8 aide, teaching assistant or associate teacher who is not defined
9 as a "professional employe."
10 Section 2. This act shall take effect immediately.
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