SENATE AMENDED
PRIOR PRINTER'S NOS. 17, 1639
PRINTER'S NO. 1987
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
SENATOR ARGALL, EDUCATION, IN SENATE, AS AMENDED,
SEPTEMBER 18, 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, 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. 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 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. ยง 8346(b) (relating to termination of annuities), the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
school employer may hire an annuitant, as defined in 24 Pa.C.S.
ยง 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. ยง 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
professional employes or temporary professional employes for no
more than twenty (20) days per school year. [For the 2021-2022
and 2022-2023] Subject to paragraph (3.1), for the 2023-2024,
20230HB0027PN1987 - 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
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 ยง
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 ยง 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 3. SECTION 1215 OF THE ACT IS 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
substitute teacher certificate shall only be used for day-to-day
assignments and shall expire upon the termination of any summer
20230HB0027PN1987 - 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
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 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
research organization which may include a college or university
accredited by a regional accrediting agency. The report shall be
20230HB0027PN1987 - 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
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 4. SECTION 1218 OF THE ACT, EXPIRED JUNE 30, 2023,
IS REPEALED:
[SECTION 1218. PERMIT FOR CLASSROOM MONITORS.--(A) A SCHOOL
ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM MONITOR
PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS ASSIGNMENTS
THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR TEMPORARY
PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN LESSONS
OR CREATE OR GRADE STUDENT WORK.
(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)
SHALL SATISFY ALL OF THE FOLLOWING:
(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE
EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS
COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY, OR
HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL
IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A
PARAPROFESSIONAL IN A SCHOOL ENTITY.
(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND
1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND
DUTIES OF DEPARTMENT).
(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.
(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED
BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.
(C) AN INDIVIDUAL RECEIVING A PERMIT UNDER THIS SECTION WHO
IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL
SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING
CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE
20230HB0027PN1987 - 5 -
<--
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
SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.
(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM
MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO
RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC
LAW 91-230, 20 U.S.C. ยง 1400 ET SEQ.) RECEIVES A FREE AND
APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE
FOLLOWING BY MARCH 31, 2023:
(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 THE 2020-2021, 2021-2022 AND 2022-2023
SCHOOL YEARS. 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, 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
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
20230HB0027PN1987 - 6 -
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
BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2023.]
SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1218.1. PERMIT FOR CLASSROOM MONITORS.--(A) A
SCHOOL ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM
MONITOR PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS
ASSIGNMENTS THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR
TEMPORARY PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN
LESSONS OR CREATE OR GRADE STUDENT WORK.
(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)
SHALL SATISFY ALL OF THE FOLLOWING:
(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE
EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS
COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY OR
HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL
IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A
PARAPROFESSIONAL IN A SCHOOL ENTITY.
(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND
1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND
DUTIES OF DEPARTMENT).
(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.
(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED
BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.
(C) AN INDIVIDUAL RECEIVING A PERMIT UNDER THIS SECTION WHO
IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL
SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING
CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE
SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.
(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM
20230HB0027PN1987 - 7 -
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
MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO
RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC
LAW 91-230, 20 U.S.C. ยง 1400 ET SEQ.) RECEIVES A FREE AND
APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE
FOLLOWING BY MARCH 31, 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
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, 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
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.
20230HB0027PN1987 - 8 -
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
(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2026.
Section 4 6. This act shall take effect immediately.
20230HB0027PN1987 - 9 -
<--
1
2