PRIOR PRINTER'S NO. 17
PRINTER'S NO. 1639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
27
Session of
2023
INTRODUCED BY STRUZZI, SMITH, ARMANINI, FLICK, KINKEAD, JAMES
AND SCHLEGEL, MARCH 7, 2023
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 21, 2023
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 preliminary provisions, further
providing for special provisions applicable to limited school
years; and, in certification of teachers, further providing
for substitute teaching permit for prospective teachers and,
for locally issued temporary certification for substitute
teachers AND FOR PERMIT FOR CLASSROOM MONITORS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 129, 1201.1(3) and 1215 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 1. SECTION 129 OF THE ACT OF MARCH 10, 1949 (P.L.30,
NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED TO
READ:
Section 129. Special Provisions Applicable to Limited School
Years.--Notwithstanding any provision of law or regulation to
the contrary, [for the 2021-2022 [and], 2022-2023, 2023-2024 and
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2024-2025 school years,] if, in the judgment of a school
employer, an emergency or shortage of day-to-day substitute
teachers exists under 24 Pa.C.S. § 8346(b) (relating to
termination of annuities), the school employer may hire an
annuitant, as defined in 24 Pa.C.S. § 8102 (relating to
definitions), regardless of whether the school employer first
attempts to secure nonretired personnel, except that the school
employer shall comply with section 1125.1(d)(2) by first
offering the work to any certified professional employe on a
recall list. The provisions of 24 Pa.C.S. § 8346(b) regarding
the continuation of annuity or distributions to an annuitant who
returns to school service during an emergency shall apply to
annuitants hired under this section. Nothing under this section
shall supersede or preempt a provision of an existing collective
bargaining agreement between a school employer and an exclusive
representative of the employes under the act of July 23, 1970
(P.L.563, No.195), known as the "Public Employe Relations Act."
SECTION 2. SECTION 1201.1(3) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
Section 1201.1. Substitute Teaching Permit for Prospective
Teachers.--An individual who does not hold a certificate under
section 1201 shall be eligible to teach as a substitute in a
school district, an area career and technical school or an
intermediate unit provided that:
* * *
(3) An individual receiving a Substitute Teaching Permit for
Prospective Teachers may serve as a substitute teacher for no
more than ten (10) days per school year for a single
professional employe or temporary professional employe, provided
that the individual may serve as a substitute for multiple
20230HB0027PN1639 - 2 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
professional employes or temporary professional employes for no
more than twenty (20) days per school year. [For the 2021-2022
[and], 2022-2023, 2023-2024 and 2024-2025] SUBJECT TO PARAGRAPH
(3.1), FOR THE 2023-2024, 2024-2025 AND 2025-2026 school years,
the number of days or hours per school year for which an
individual receiving a permit under this section may serve as a
substitute teacher shall not be limited, except for an
individual who is undertaking a student teacher program as
required under 22 Pa. Code § 354.25(f) (relating to preparation
program curriculum) for educator preparation programs.
(3.1) DURING AN INDIVIDUAL'S STUDENT TEACHER PROGRAM
REQUIRED UNDER 22 PA. CODE § 354.25(F) (RELATING TO PREPARATION
PROGRAM CURRICULUM) FOR EDUCATOR PREPARATION PROGRAMS, THE
INDIVIDUAL MAY SERVE AS A SUBSTITUTE TEACHER FOR NO MORE THAN
TEN (10) DAYS IN THE INDIVIDUAL'S ASSIGNED CLASSROOM OR
CLASSROOMS OR FOR OTHER TEACHERS WITHIN THE BUILDING OR
BUILDINGS IN WHICH THE INDIVIDUAL HAS BEEN PLACED AS A STUDENT
TEACHER.
* * *
SECTION 3. SECTIONS 1215 AND 1218(E), (F) AND (G) OF THE ACT
ARE AMENDED TO READ:
Section 1215. Locally Issued Temporary Certification for
Substitute Teachers.--A temporary substitute teacher certificate
may be issued by a public school entity to an individual who
presents a letter from a college or university verifying that
the individual has completed an approved teacher preparation
program, has successfully completed the certification testing
requirements or is in the process of scheduling the required
certification testing and has completed all requirements for the
awarding of a bachelor's degree on a date certain. The temporary
20230HB0027PN1639 - 3 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
substitute teacher certificate shall only be used for day-to-day
assignments and shall expire upon the termination of any summer
school conducted in the summer which follows the date of
issuance or upon the receipt of Instructional I certification by
the individual. [For the 2021-2022 [and], 2022-2023, 2023-2024
and 2024-2025 school years, the] THE temporary substitute
teacher certificate issued under this section may be used for
assignments of more than twenty (20) consecutive days to fill a
position due to the absence of professional certified personnel.
SECTION 1218. PERMIT FOR CLASSROOM MONITORS.--* * *
(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE
FOLLOWING BY MARCH 31, [2023] 2026:
(1) THE NUMBER OF INDIVIDUALS WHO SERVED AS CLASSROOM
MONITORS UNDER THIS SECTION AND THE NUMBER OF DAYS ON WHICH THE
SCHOOL ENTITY USED THE SERVICES OF CLASSROOM MONITORS.
(2) THE SCHOOL ENTITY'S DAY-TO-DAY SUBSTITUTE TEACHER
COMPENSATION RATES IN EACH OF THE SCHOOL YEARS FROM 2020-2021[,
2021-2022 AND 2022-2023 SCHOOL YEARS] THROUGH 2025-2026. FOR A
SCHOOL ENTITY THAT USES A THIRD-PARTY ENTITY TO PROVIDE
SUBSTITUTE TEACHERS, THE RATE REPORTED BY THE SCHOOL ENTITY
SHALL BE THE TAKE-HOME AMOUNT RECEIVED BY AN INDIVIDUAL,
EXCLUDING THE PORTION PAID TO THE THIRD-PARTY ENTITY. THE
DEPARTMENT SHALL ISSUE RULES NECESSARY TO EFFECTUATE THIS
SUBSECTION.
(F) BY APRIL 15, [2023] 2026, THE DEPARTMENT SHALL ISSUE A
REPORT ON THE EFFECTIVENESS OF THE CLASSROOM MONITOR PERMIT AND
RECOMMENDATIONS FOR IMPROVEMENT OR CONTINUATION OF THE PERMIT.
THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INFORMATION
REPORTED TO THE DEPARTMENT UNDER SUBSECTION (E) AND A FORMAL
EVALUATION OF THE PERMIT AND ITS EFFECTIVENESS BY AN INDEPENDENT
20230HB0027PN1639 - 4 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
RESEARCH ORGANIZATION WHICH MAY INCLUDE A COLLEGE OR UNIVERSITY
ACCREDITED BY A REGIONAL ACCREDITING AGENCY. THE REPORT SHALL BE
SUBMITTED TO THE GENERAL ASSEMBLY AND THE STATE BOARD AND SHALL
BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(G) THIS SECTION SHALL EXPIRE ON JUNE 30, [2023] 2026.
Section 2 4. This act shall take effect immediately.
20230HB0027PN1639 - 5 -
<--
1
2
3
4
5
6
7