THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GODSHALL, BUXTON, BENNINGHOFF, CALTAGIRONE, CONKLIN, DeLUCA, FABRIZIO, FRANKEL, HARPER, MARSHALL, MOUL, PEIFER, PRESTON, REICHLEY, SIPTROTH AND STERN, FEBRUARY 2, 2009

REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, FEBRUARY 2, 2009  

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," changing provisions relating to

school terms and sessions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1504(a) of the act of March 10, 1949

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

amended July 1, 1978 (P.L.575, No.105), is amended to read:

Section 1504.  Dates and Times of School Terms and Sessions;

Commencement.--(a)  (1)  The board of school directors of each

school district shall fix the date of the beginning of the

school term[.]: Provided, however, That, in a school district

that is not on a year-round education calendar, the beginning of

any school term for students shall not commence any earlier than

the day after Labor Day. The board of school directors may, upon

approval by the Secretary of Education, begin the school term

prior to the day after Labor Day for situations beyond the

control of the school district as a result of major construction

and renovation to the school building or natural disaster.

(2)  Unless otherwise determined by the board, the daily

session of school shall open at nine ante-meridian and close at

four post-meridian, with an intermission of one hour at noon,

and an intermission of fifteen minutes in the forenoon and in

the afternoon. Upon request of a board of school directors for

an exception to the aforesaid daily schedule, the Secretary of

Education may, when in his opinion a meritorious educational

program warrants, approve a school week containing a minimum of

twenty seven and one-half hours of instruction as the equivalent

of five (5) school days, or a school year containing a minimum

of nine hundred ninety hours of instruction at the secondary

level or nine hundred (900) hours of instruction at the

elementary level as the equivalent of one hundred eighty (180)

school days.

(3)  Professional and temporary professional employes shall

be allowed a lunch period free of supervisory or other duties of

at least thirty minutes.

(4)  The provisions of this subsection shall not be

construed:

(i)  to repeal any rule or regulation of any board of school

directors now in effect which provides for a lunch period longer

than the minimum prescribed herein or to repeal any action of

any board of school directors taken in compliance with section 7

of the act of July 25, 1913 (P.L.1024, No.466), entitled "An act

to protect the public health and welfare, by regulating the

employment of females in certain establishments, with respect to

their hours of labor and the conditions of their employment; by

establishing certain sanitary regulations in the establishments

in which they work; by requiring certain abstracts and notices

to be posted; by providing for the enforcement of this act by

the Commissioner of Labor and Industry and others; by

prescribing penalties for violations thereof; by defining the

procedure in prosecutions; and by repealing all acts and parts

of acts inconsistent with the provisions thereof," as

amended[.]; or

(ii)  to prevent a school district from conducting in-service

sessions for teachers before Labor Day.

* * *

Section 2.  Any contractually agreed-upon school calendar or

process which determines the school calendar in effect on the

effective date of this amendatory act between a school district

and its professional or nonprofessional employees which is in

conflict with the provisions of this amendatory act shall remain

in effect for the duration of that contract.

Section 3.  This act shall take effect in 60 days.