PRINTER'S NO. 70
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
99
Session of
2021
INTRODUCED BY D. MILLER, GALLOWAY, SANCHEZ, HOHENSTEIN AND
NEILSON, JANUARY 11, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 11, 2021
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 professional employes, further
providing for transferred programs and classes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1113 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding subsections to read:
Section 1113. Transferred Programs and Classes.--* * *
(b.3) (1) The following shall apply to professional
employes and temporary professional employes of a school
district in which the students assigned to a building or
buildings have been reassigned to another school district due to
the closing of a building or buildings:
(i) The school district in which a building is closing shall
create a pool comprised of the professional employes and
temporary professional employes who have received formal notice
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of suspension as a result of the closure.
(ii) Employes in the pool created under subclause (i) shall
be offered employment by a school district that receives
students reassigned to it due to the closing of a building or
buildings in the sending school district whenever the receiving
school district has a vacancy for a position that an employe in
the pool is certified to fill, if no employe of the school
district in which the vacancy exists, including a suspended or
demoted employe, has a right to the vacancy under this act or
the collective bargaining unit of that school district.
(iii) No new employe shall be hired by a receiving school
district under this subsection until the position has been
offered, in order of seniority, to all properly certified
members of the pool created under subclause (i). Section 2110(b)
of this act shall not apply when there is a properly certified
member of the pool created under this subsection available for
appointment to the vacant position.
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all sick leave accumulated in the sending school district and
shall be credited for years of service in the sending school
district for purposes of salary scale placement, sabbatical
leave eligibility, suspension and realignment rights and
eligibility for retirement incentives or severance payments in
the hiring school district.
(b.4) (1) The following shall apply to school district
employes other than professional employes and temporary
professional employes and administrators of a school district in
which the students assigned to a building or buildings have been
reassigned to another school district due to the closing of a
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building or buildings:
(i) The school district in which a building is closing shall
create a pool comprised of the employes who have received formal
notice of suspension as a result of the closure.
(ii) Employes in the pool created under subclause (i) shall
be offered employment by a school district that receives
students reassigned to it due to the closing of a building or
buildings in the sending school district whenever the receiving
school district has a vacancy for a position that an employe in
the pool is qualified to fill, if no employe of the school
district in which the vacancy exists, including a suspended or
demoted employe, has a right to the vacancy under this act or
the collective bargaining unit of that school district. A
qualified employe is one who has held the same position in
another school district or who reasonably demonstrates that the
employe satisfies the minimum requirements to perform the job.
(iii) No new employe shall be hired by a receiving school
district under this subsection until the position has been
offered, in order of seniority, to all qualified members of the
pool created under subclause (i).
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all leave accumulated in the sending school district and shall
be credited for years of service in the receiving school
district for purposes of wages and eligibility for retirement
incentives or severance payments in the hiring school district.
* * *
Section 2. This act shall take effect in 60 days.
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