PRINTER'S NO. 1896

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1545

Session of

2019

INTRODUCED BY TOOHIL, MULLINS, GOODMAN, MEHAFFIE, MURT,

DiGIROLAMO, SCHLOSSBERG, WILLIAMS, McCARTER, KINSEY, DERMODY,

MADDEN, ROEBUCK, STURLA, ULLMAN, LONGIETTI, PEIFER, NEILSON,

McNEILL, SIMS, SNYDER, SOLOMON, WARREN, ZABEL, HANBIDGE,

BULLOCK, FIEDLER, OTTEN, HOWARD, WEBSTER, STEPHENS AND RADER,

MAY 23, 2019

REFERRED TO COMMITTEE ON EDUCATION, MAY 23, 2019

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

for special payments on account of minimum salary increases

for professional staff members.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1101(1) and 1106 of the act of March 10,

1949 (P.L.30, No.14), known as the Public School Code of 1949,

are amended to read:

Section 1101. Definitions.--As used in this article,

(1) The term "professional employe" shall include those who

are certificated, such as teachers, supervisors, supervising

section 1106(b) and school nurses.

* * *

Section 1106. Duty to Employ.--(a) The board of school

directors in every school district shall employ the necessary

qualified professional employes, substitutes and temporary

professional employes to keep the public schools open in their

respective districts in compliance with the provisions of this

act. Except for school districts of the first class and first

class A which may require residency requirements for other than

professional employes, substitutes and temporary professional

or other credential but do not require certification under

Article XII.

Section 2. Section 1142.1 of the act is repealed:

[Section 1142.1. Minimum Salaries for Teachers.--(a)

Notwithstanding the provisions of section 1142, the minimum

salary paid to full-time teachers for the school term 1988-1989

and each school term thereafter, shall be eighteen thousand five

hundred dollars ($18,500) as provided in this section.

Relations Act," nor shall the salary or any other terms of any

such contract or agreement be superseded or modified by this

section: Provided, that the board of school directors of a

school district may at any time during the term of such contract

or agreement implement the minimum salary provisions of this

section for the entire school term in the manner provided in

section 1151. Whenever a board of school directors of a school

district exercises the power granted by this subsection to

implement the minimum salary provisions of this section, it

shall implement them by making a supplemental salary payment to

(c) The board of school directors of a school district shall

pay to full-time teachers a salary which equals at least

eighteen thousand five hundred dollars ($18,500) for the school

term beginning after the expiration of the term of any contract

or agreement in effect on the effective date of this section

between a public employer and a public employe or employe

organization pursuant to the "Public Employe Relations Act," and

for each school term thereafter.

unit and area vocational-technical school.

"Teacher" shall mean classroom teachers and all others

included within the definition of "teacher" in section 1141,

including speech correctionists and instructional department

chairmen employed by a school district.]

Section 3. The act is amended by adding a section to read:

Section 1142.2. Minimum Salaries for Professional Staff

Members.--(a) Notwithstanding the provisions of section 1142 or

any other provision of law, the minimum salary paid to

professional staff members for the school year 2019-2020 and

any other terms of any such agreement are not superseded or

modified by this section.

(c) Notwithstanding subsection (b), beginning in the school

year 2019-2020 and each school year thereafter until the

expiration of an agreement in effect on the effective date of

this section and during the period of status quo following the

expiration of an agreement, a public school entity shall make a

supplemental salary payment to each professional staff member in

(d) An agreement negotiated by a public school entity and an

employe organization pursuant to the "Public Employe Relations

Act" after the effective date of this section shall not provide

for a salary lower than provided for under this section. A

provision in an agreement in effect on the effective date of

this section that provides for a salary in conflict with this

section shall be discontinued in a new or renewed agreement.

(e) A public school entity that makes a supplemental salary

payment under subsection (c) in the school year 2019-2020 shall

be entitled to receive the special payment provided for under

"Employe organization" shall have the meaning given to the

term in section 301(3) of the "Public Employe Relations Act."

"Professional staff member" shall mean a full-time

professional employe, a temporary professional employe, or a

substitute.

"Public employe" shall have the meaning given to the term in

section 301(2) of the "Public Employe Relations Act."

"Public Employe Relations Act" shall mean the act of July 23,

Section 4. Section 2594 of the act is repealed:

1970 (P.L.563, No.195), known as the "Public Employe Relations

Act," each school district, intermediate unit and area

vocational-technical school which elects to increase minimum

salaries pursuant to section 1142.1 shall be paid in the manner

provided in subsection (b), in addition to any other payments to

which it is entitled, a special payment to cover the cost of

implementing section 1142.1.

(b) For the school year 1988-1989, the amount paid to each

school district, intermediate unit and area vocational-technical

school shall be the difference between the salary paid to each

is less than eighteen thousand five hundred dollars ($18,500)

and an amount equal to eighteen thousand five hundred dollars

($18,500). For the school year 1989-1990 and each school year

thereafter, the amount paid shall be the difference between the

salary payable to each full-time teacher at the beginning of the

school under the terms of the contract or agreement in effect

each school district, intermediate unit and area vocational-

technical school qualifies out of the funds appropriated to the

department for this purpose.

(c) For each school year for which a school district,

intermediate unit and area vocational-technical school qualifies

for a special payment under subsection (a), the entire

employer's share of contributions to the Public School Employe's

Retirement Fund and Social Security attributable to the salary

increase implemented pursuant to section 1142.1 shall be paid

for each school district, intermediate unit and area vocational-

Section 5. The act is amended by adding a section to read:

public school entity is entitled, a special payment calculated

as provided in paragraph (2) to reimburse the public school

entity for implementing section 1142.2. The department shall

make the payment to each qualifying public school entity out of

funds appropriated to the department for this purpose.

(2) The amount paid to each public school entity under

year 2019-2020 under subsection (a) shall be deemed to be part

of the public school entity's allocation amount under section

2502.53(b)(1).

(2) An intermediate unit shall receive from the department

the amount the intermediate unit received for the school year

2019-2020 under subsection (a). Payments under this paragraph

shall be in addition to any other amounts payable to an

intermediate unit.

(3) An area vocational-technical school shall receive from

the department the amount the area vocational-technical school

attributable to the salary increase implemented under section

1142.2 shall be paid for each public school entity out of funds

appropriated to the department for such purpose.

(d) The department shall issue guidelines necessary for the

implementation of this section.

(e) For purposes of this section, the following terms shall

have the following meanings:

"Department" shall mean the Department of Education of the

in section 1142.2(f).