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05/12/2024 01:16 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=38685
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: December 14, 2022 03:43 PM
From: Representative Valerie S. Gaydos
To: All House members
Subject: School Savings in Contracting
 
Only one state (Illinois) currently spends more on a per-student basis on school employee benefits and pensions than Pennsylvania.  Because of this fact, school districts often look to third party contracting as a way to be responsible and save valuable taxpayer dollars and direct more resources to students in the classroom. By using outside contractors for services, school districts can avoid additions to costly pension and health insurance expenses and still maintain a high level of service. But, in recent years unreasonable requirements have been placed on school districts looking to utilize cost saving third party contractors.
 
In 2018, a new section of law (section 528) was added to an omnibus School Code bill passed with the budget which imposes a number of mandates on school districts looking to engage a third party contractor. These requirements, while well intended do not always contribute to more transparency, cost savings and accountability. More often than not, the added and often redundant burdens to school districts can make contracting an onerous and difficult process which often discourages school entities to pursue cost saving third party contracts. For example, school entities are required to force potential contractors to 1) submit a three-year cost projection (even if the contract is only for a one- or two-year term); 2) conduct at least one public hearing in addition to any regularly scheduled meeting where the issue of contracting would be discussed; 3) require potential contractors to submit information on the disciplinary records of its employees to the school entity; and 4) require any contractor who successfully jumps through all of the newly required hoops to consider hiring current school employees.
 
Third party contracting was required to take place in full view of the public well before section 528 was enacted, so this section of law does not shed any light on previously unknown decision-making. The law also already required any contractor engaged by a school entity to ensure that its employees are not prohibited from serving in a school due to prior criminal history or prior child abuse, so this section of law is not about protecting students either. Local elected officials were chosen as leaders by their communities, to consider and make efficient and effective personnel decisions to help them save taxpayer dollars, which includes engaging a third party contractor when appropriate. This starts by repealing section 528, and avoiding state intervention into employment matters which are more rightly within the purview of collective bargaining.
 
Please join me in sponsoring this important legislation.
 



Introduced as HB446