PRINTER'S NO. 1085
No. 977 Session of 1999
INTRODUCED BY BELFANTI, WOGAN, EACHUS, RAMOS, GEORGE,
YOUNGBLOOD, MARKOSEK, TIGUE, THOMAS, SHANER, SANTONI,
TANGRETTI, TRAVAGLIO, KENNEY, DeWEESE, WOJNAROSKI, PRESTON,
JAMES, GORDNER, SAINATO, CORRIGAN, WALKO, STEELMAN, HORSEY,
GRUITZA, HARHAI, MANDERINO, McCALL, MICHLOVIC, RAYMOND,
ROEBUCK, MELIO, ROBINSON, WILLIAMS, SURRA, BARRAR, TRELLO,
CALTAGIRONE, JOSEPHS, MANN, ROONEY, CAWLEY, LUCYK, MAYERNIK,
CAPPABIANCA, STAIRS, COLAFELLA, CIVERA, GRUCELA, STETLER,
KIRKLAND, BUXTON, GIGLIOTTI, BELARDI, PESCI, CURRY, LAUGHLIN,
STURLA, McGEEHAN, BEBKO-JONES, DALEY, KAISER, CASORIO AND
STABACK, MARCH 22, 1999
REFERRED TO COMMITTEE ON EDUCATION, MARCH 22, 1999
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 distressed
6 school district.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 696(k) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 April 27, 1998 (P.L.270, No.46), is amended to read:
12 Section 696. Distress in School Districts of the First
13 Class.--* * *
14 (k) Collective bargaining between employes and the school
15 district of the first class shall be conducted in accordance
1 with this subsection.
2 [(1) Whether or not a declaration of distress has been made
3 under section 691(c), a collective bargaining agreement in
4 effect on the effective date of this section shall not be
5 extended and shall have no force or effect beyond the existing
6 term of the contract, notwithstanding any other law to the
7 contrary.]
8 (2) No distressed school district of the first class shall
9 be required to engage in collective bargaining negotiations or
10 enter into memoranda of understanding or other agreements
11 regarding any of the following issues:
12 (i) Contracts with third parties for the provision of goods
13 or services, including educational services or the potential
14 impact of such contracts on employes.
15 (ii) Decisions related to reductions in force.
16 (iii) Staffing patterns and assignments, class schedules,
17 academic calendar, places of instruction, pupil assessment and
18 teacher preparation time.
19 (iv) The use, continuation or expansion of programs
20 designated by the chief executive officer as pilot or
21 experimental programs.
22 (v) The approval or designation of a school as a charter or
23 magnet school.
24 (vi) The use of technology to provide instructional or other
25 services.
26 (3) A collective bargaining agreement for professional
27 employes entered into after the expiration of the agreement in
28 effect on the date of the declaration of distress shall provide
29 for the following:
30 (i) A school day for professional employes that is equal to
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1 or exceeds the State average as determined by the department. An
2 extension of the school day resulting from this requirement
3 shall be used exclusively for instructional time for students.
4 (ii) The number of instructional days shall be equal to or
5 exceed the State average number of instructional days.
6 (iii) The chief executive officer and the commission shall
7 not increase compensation for employes solely to fulfill the
8 requirements under subparagraphs (i) and (ii).
9 (4) A provision in any contract in effect on the date of the
10 declaration of distress under this subsection that is in
11 conflict with this subsection shall be discontinued in any new
12 or renewed contract.
13 (5) Nothing in this subsection shall eliminate, supersede or
14 preempt any provision of an existing collective bargaining
15 agreement until the expiration of the agreement unless otherwise
16 authorized by law.
17 (6) If upon the termination of a collective bargaining
18 agreement in effect on the date of the declaration of distress
19 under this section a new collective bargaining agreement has not
20 been ratified, the Secretary of Education shall establish a
21 personnel salary schedule to be used until a new agreement is
22 ratified.
23 * * *
24 Section 2. Nothing contained in the act of March 10, 1949
25 (P.L.30, No.14), known as the Public School Code of 1949, and in
26 particular sections 691(c) and 696 shall be construed to effect,
27 supersede or preempt any provision of the act of July 23, 1970
28 (P.L.563, No.195), known as the Public Employe Relations Act, or
29 any right, obligation or procedure arising thereunder, including
30 those rights, duties and obligations concerning good faith
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1 bargaining and negotiation of a new collective bargaining
2 agreement. In all such cases, the procedures arising under the
3 Public Employe Relations Act and Article XI-A of the Public
4 School Code of 1949 shall be deemed to control negotiations by a
5 school district, intermediate unit or area vocational-technical
6 school and an employee organization.
7 Section 3. Section 28(a) of the act amending the act
8 entitled "An act amending the act of March 10, 1949 (P.L.30,
9 No.14), entitled 'An act relating to the public school system,
10 including certain provisions applicable as well to private and
11 parochial schools; amending, revising, consolidating and
12 changing the laws relating thereto,' further providing for
13 auxiliary services and for the definitions of "school year" and
14 "children in low-income families"; authorizing school districts
15 to impose dress codes and require students to wear standard
16 dress or uniforms; further providing for distressed school
17 districts and for basic education grants and higher education
18 grants for the Link-to-Learn Program; providing for certain
19 procedures relating to management of distressed first class
20 school districts and for technology grants to nonpublic and
21 private schools; further providing for community college
22 reimbursements, small school district assistance, basic
23 education funding payments to intermediate units, special
24 education payments to school districts, school performance
25 incentives and charter school grants; providing for community
26 education councils, for the operation of the State System of
27 Higher Education, for payments on account of transportation of
28 nonpublic school pupils, for temporary special aid to school
29 districts suffering loss of tax revenue due to reduction in
30 assessed valuation of taxable property and for incentives for
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1 administrative and instructional consolidation; and making
2 repeals," is repealed.
3 Section 4. Section 3 of this act shall be retroactive to
4 April 27, 1998.
5 Section 5. This act shall take effect immediately.
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