1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in professional employees, further
6providing for definitions and for duty to employ.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1101 of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended November 30, 1971 (P.L.546, No.144), is amended to read:

12Section 1101. Definitions.--As used in this article,

13(1) The term "professional employe" shall include those who
14are certificated as teachers, supervisors, supervising
15principals, principals, assistant principals, vice-principals,
16directors of vocational education, dental hygienists, visiting
17teachers, home and school visitors, school counselors, child
18nutrition program specialists, school librarians, school
19secretaries the selection of whom is on the basis of merit as
20determined by eligibility lists and school nurses. The term also 

1includes those who hold noncertified positions and meet the 
2qualifications provided in section 1106.

3(2) The term "substitute" shall mean any individual who has
4been employed to perform the duties of a regular professional
5employe during such period of time as the regular professional
6employe is absent on sabbatical leave or for other legal cause
7authorized and approved by the board of school directors or to
8perform the duties of a temporary professional employe who is
9absent.

10(3) The term "temporary professional employe" shall mean any
11individual who has been employed to perform, for a limited time,
12the duties of a newly created position or of a regular
13professional employe whose services have been terminated by
14death, resignation, suspension or removal.

15Section 2. Section 1106 of the act, amended June 22, 2001
16(P.L.530, No.35), is amended to read:

17Section 1106. Duty to Employ.--(a) The board of school
18directors in every school district shall employ the necessary
19qualified professional employes, substitutes and temporary
20professional employes to keep the public schools open in their
21respective districts in compliance with the provisions of this
22act. Except for school districts of the first class and first
23class A which may require residency requirements for other than
24professional employes, substitutes and temporary professional
25employes, no other school district shall require an employe to
26reside within the school district as a condition for appointment
27or continued employment.

28(b) At least seventy-five per centum (75%) of the
29professional employes shall hold appropriate State
30certification. The balance of professional employes shall be

1employed in noncertified positions and, while not required to
2hold appropriate State certification, must:

3(1) Meet the qualifications in sections 1109 and 1209.

4(2) Have demonstrated satisfactorily a combination of
5experience, achievement and qualifications in basic skills,
6general knowledge, professional knowledge and practice and
7subject matter knowledge in the subject area that they will
8teach.

9Section 3. This act shall take effect in 60 days.