PRINTER'S NO. 1035
No. 950 Session of 1993
INTRODUCED BY D. R. WRIGHT, DeWEESE, COY, LAUGHLIN, CAWLEY,
BEBKO-JONES, TRELLO, PISTELLA, STISH, TIGUE, MELIO, OLASZ AND
BELFANTI, MARCH 25, 1993
REFERRED TO COMMITTEE ON EDUCATION, MARCH 25, 1993
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for transferred
6 programs and classes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1113 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended August 5, 1991 (P.L.219, No.25), is amended to read:
12 Section 1113. Transferred Programs and Classes.--(a) When a
13 program or class is transferred as a unit from one or more
14 school entities to another school entity or entities,
15 professional employes who were assigned to the class or program
16 immediately prior to the transfer and are classified as teachers
17 as defined in section 1141(1) and are suspended as a result of
18 the transfer and who are properly certificated shall be offered
19 employment in the program or class by the receiving entity or
1 entities when services of a professional employe are needed to
2 sustain the program or class transferred, as long as there is no
3 suspended professional employe in the receiving entity who is
4 properly certificated to fill the position in the transferred
5 class or program.
6 (b) Transferred professional employes shall be credited by
7 the receiving entity only for their sick leave accumulated in
8 the sending entity and also for their years of service in the
9 sending entity, the latter for purposes of sabbatical leave
10 eligibility and placement in the salary schedule: Provided,
11 however, That such employes shall not utilize the sabbatical
12 leave until they have taught in the receiving entity for a
13 period of three (3) years. Such employes shall transfer their
14 accrued seniority in the area of certification required for the
15 transferred program or class only.
16 (b.1) Professional employes who are classified as teachers
17 and who are not transferred with the classes to which they are
18 assigned or who have received a formal notice of suspension
19 shall form a pool of employes within the school entity. No new
20 professional employe who is classified as a teacher shall be
21 employed by a school entity assuming program responsibility for
22 transferred students while there is:
23 (1) a properly certificated professional employe who is
24 classified as a teacher suspended in the receiving entity; or
25 (2) if no person is qualified under clause (1), a properly
26 certificated member of the school entity pool who is willing to
27 accept employment with the school entity assuming program
28 responsibility for transferred students. Members of the pool
29 shall have the right to refuse employment offers from such
30 school entity and remain in the pool. Refusal to accept work
19930H0950B1035 - 2 -
1 under this subsection shall not be grounds for denial of
2 unemployment compensation under sections 401 and 402 of the act
3 of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
4 as the "Unemployment Compensation Law."
5 (c) Nothing contained in this section shall be construed to
6 supersede or preempt any provision of a collective bargaining
7 agreement in effect on February 4, 1982, and negotiated by a
8 school entity and an exclusive representative of the employes in
9 accordance with the act of July 23, 1970 (P.L.563, No.195),
10 known as the "Public Employe Relations Act."
11 (d) (1) As used in this section, the term "school entity"
12 or "school entities" shall mean an intermediate unit and its
13 participating school districts or an area vocational-technical
14 school and its sending school districts or two or more school
15 districts affected by a transfer of territory pursuant to
16 section 242.1.
17 (2) As used in this section, the term "unit" shall mean a
18 program or class whose membership falls within the minimum and
19 maximum class size as defined in Department of Education
20 standards.
21 Section 2. This act shall take effect in 60 days.
C11L24PJP/19930H0950B1035 - 3 -