PRINTER'S NO. 2695
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1914
Session of
2017
INTRODUCED BY KAUFER, MILLARD, WARD, PICKETT, SOLOMON, SANTORA,
GILLEN, REESE, COOK, DiGIROLAMO, ZIMMERMAN AND WATSON,
NOVEMBER 13, 2017
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 13, 2017
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 duties and powers of boards of
school directors, providing for third-party services.
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 a
section to read:
Section 528. Third-Party Services.--(a) In addition to the
requirements of any other law or regulation, a school employer
shall not enter into a contract with a third party for non-
instructional services unless the following conditions are met:
(1) The school employer shall solicit applications from
third parties. The solicitations and applications shall be
posted on the school employer's publicly accessible Internet
website and made publicly available for review at the school
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employer's administrative office.
(2) The school employer's solicitation shall require each
third party to provide in the application:
(i) A minimum three-year cost projection to the school
employer, using generally accepted accounting principles.
(ii) Amount of liability insurance held by the third party.
(iii) Information concerning any violation of Federal or
State laws or regulations by the third party, composite
information about the criminal and disciplinary records of
current employes of the third party who may perform the non-
instructional services and information concerning any traffic
violations or chargeable accidents that occurred during the
course of employment by individual employes of the third party.
(iv) Any additional information that the school employer
deems appropriate.
(3) The school employer shall conduct a minimum of one
public hearing prior to a regularly scheduled board meeting to
present to the public the selected proposal of a third party to
perform the non-instructional services and to receive public
comment. The school employer must provide notice to the public
of the date, time and location of the first public hearing on or
before the initial date that bids to provide the non-
instructional services are solicited or a minimum of thirty (30)
days prior to the public board meeting, whichever provides a
greater period of notice.
(4) The school employer shall approve the proposed contract
by a majority vote of all members of the board at a public
meeting of the board.
(5) No later than sixty (60) days prior to the date of
adoption of a final budget, the board shall adopt a resolution
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of intent to enter into a contract with a third party in the
following fiscal year, which shall set forth the following:
(i) The total cost savings expected to result from the
contract.
(ii) A comparison of the projected expenditures of the
school employer for the following fiscal year with and without
the proposed contract.
(iii) The number of non-instructional employes to be
suspended as a result of the contract.
(6) The contract shall guarantee that the school employer
may terminate the contract if expenditures under the contract
exceed the expenditures projected in the comparison of projected
expenditures required under paragraph (5)(ii).
(b) A third party shall give employment preference to a
school employe who held the same or a substantially similar
position with satisfactory performance and whose employment is
terminated due to a third-party contract before hiring any new
employe to fill any vacancy for a position that provides non-
instructional services to a school employer.
(c) Applications submitted under subsection (a) and
contracts entered into or renewed under this section shall be
public records as the term is defined under the act of February
14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
(d) (1) This section shall not supersede 7 CFR Pt. 210
(relating to National School Lunch Program), where applicable.
(2) Nothing in this section shall be construed to supersede
or preempt the rights, remedies and procedures afforded to
school employes or labor organizations under Federal or State
law, including the act of July 23, 1970 (P.L.563, No.195), known
as the "Public Employe Relations Act," or any provision of a
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collective bargaining agreement negotiated between a school
employer and an exclusive representative of the employes in
accordance with that act.
(e) 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:
(1) "Non-instructional services" shall mean any services not
provided by a professional employe, a substitute or a temporary
professional employe as those terms are defined under section
1101.
(2) "School employer" shall mean a board of school
directors, an intermediate unit board of directors and an area
vocational-technical board of directors.
(3) "Third party" shall mean a for-profit service provider,
including a business or corporation, that contracts with a
school employer to provide non-instructional services. The term
shall not include an individual.
Section 2. This act shall apply to the 2018-2019 school year
and each school year thereafter.
Section 3. This act shall take effect immediately.
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