PRINTER'S NO. 3432
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2106
Session of
2015
INTRODUCED BY D. MILLER, ENGLISH AND ROZZI, MAY 27, 2016
REFERRED TO COMMITTEE ON EDUCATION, MAY 27, 2016
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 professional employees, further
providing for transferred programs and classes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1113 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding subsections to read:
Section 1113. Transferred Programs and Classes.--* * *
(b.3) (1) The following shall apply to professional and
temporary professional employes of any school district in which
the students assigned to a building or buildings have been
reassigned to another school district due to the closing of a
building or buildings:
(i) The district in which a building is closing shall create
a pool comprised of the professional and temporary professional
employes who have received formal notice of suspension as a
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result of the closure.
(ii) Employes in the pool created under subclause (i) shall
be offered employment by any school district that receives
students reassigned to it due to the closing of a building or
buildings in the sending school district whenever the receiving
school district has a vacancy for a position that an employe in
the pool is certified to fill, provided that no employe of the
school district in which the vacancy exists, including a
suspended or demoted employe, has a right to such vacancy under
this act or the collective bargaining unit of that school
district.
(iii) No new employe shall be hired by a receiving school
district under this subsection until the position has been
offered, in order of seniority, to all properly certified
members of the pool created under subclause (i). Section 2110(b)
of this act shall not apply when there is a properly certified
member of the pool created under this subsection available for
appointment to the vacant position.
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all sick leave accumulated in the sending school district and
shall be credited for years of service in the sending school
district for purposes of salary scale placement, sabbatical
leave eligibility, suspension and realignment rights and
eligibility for any retirement incentives or severance payments
in the hiring school district.
(b.4) (1) The following shall apply to school district
employes other than professional and temporary professional
employes and administrators of any school district in which the
students assigned to a building or buildings have been
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reassigned to another school district due to the closing of a
building or buildings:
(i) The district in which a building is closing shall create
a pool comprised of the employes who have received formal notice
of suspension as a result of the closure.
(ii) Employes in the pool created under subclause (i) shall
be offered employment by any school district that receives
students reassigned to it due to the closing of a building or
buildings in the sending school district whenever the receiving
school district has a vacancy for a position that an employe in
the pool is qualified to fill, provided that no employe of the
school district in which the vacancy exists, including a
suspended or demoted employe, has a right to such vacancy under
this act or the collective bargaining unit of that school
district. A qualified employe is one who has held the same
position in any other school district or who reasonably
demonstrates that the employe satisfies the minimum requirements
to perform the job.
(iii) No new employe shall be hired by a receiving district
under this subsection until the position has been offered, in
order of seniority, to all qualified members of the pool created
under subclause (i).
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all leave accumulated in the sending school district and shall
be credited for years of service in the receiving school
district for purposes of wages and eligibility for any
retirement incentives or severance payments in the hiring school
district.
* * *
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Section 2. This act shall take effect in 60 days.
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