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A00366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
412
Session of
2021
INTRODUCED BY GLEIM, RYAN, PICKETT, JAMES, MOUL, ECKER, HILL-
EVANS, ROWE, KAUFFMAN, KEEFER, FREEMAN, B. MILLER AND
R. BROWN, FEBRUARY 4, 2021
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 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, providing
for day-to-day substitutes; and, in certification of
teachers, further providing for substitute teaching permit
for prospective teachers and for program of continuing
professional education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1114. Day-to-Day Substitutes.--(a) (1) An
individual holding a day-to-day substitute permit issued by the
department may serve as a day-to-day substitute in any
certificate area for a period not exceeding twenty (20) days of
substituting for a professional an individual professional or
temporary professional employe. If the individual's service
exceeds twenty (20) days of substituting for a professional an
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individual professional or temporary professional employe, a
long-term substitute permit issued by the department is
required.
(2) An individual holding a day-to-day substitute permit
under paragraph (1) may serve as a day-to-day substitute for
more than one professional or temporary professional employe
within a school year, even if the individual serves as a
substitute for more than twenty (20) cumulative days.
(b) (1) An individual holding a day-to-day substitute
permit issued by a chief school administrator may serve as a
day-to-day substitute in any certificate area for a period not
exceeding twenty (20) days of substituting for a professional an
individual professional or temporary professional employe. If a
person's service exceeds twenty (20) days of substituting for a
professional an individual professional or temporary
professional employe, an emergency permit pursuant to 22 Pa.
Code § 49.31 (relating to criteria for eligibility) issued by
the department is required.
(2) An individual holding a day-to-day substitute permit
under paragraph (1) may serve as a day-to-day substitute for
more than one professional or temporary professional employe
within a school year, even if the individual serves as a
substitute for more than twenty (20) cumulative days.
(3) As used in this subsection, the term "chief school
administrator" shall include a school district superintendent,
an executive director of an intermediate unit, an administrative
director of an area career and technical school or a chief
executive officer of a charter school, regional charter school
or cyber charter school.
(c) The department shall update certification staffing
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guidelines to comply with this section.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Chief school administrator" shall include a school district
superintendent, an executive director of an intermediate unit,
an administrative director of an area career and technical
school or a chief executive officer of a charter school,
regional charter school or cyber charter school.
"Day-to-day substitute permit" shall mean a permit issued for
no longer than twenty (20) consecutive days to fill a position
due to the absence of professional certified personnel. by the
department or a chief school administrato r to fill a position
due to the temporary absence of a professional or temporary
professional employe and for which a long-term substitute permit
is not required.
"Emergency permit" shall mean a permit issued to fill a
vacancy resulting from resignation, termination, retirement,
death or the creation of a new position.
"Long-term substitute permit" shall mean a permit issued for
an indeterminate period to fill a position due to the absence of
professional certified personnel. by the department that allows
a person to substitute for an individual professional or
temporary professional employe for more than twenty (20) days.
Section 2. Section 1201.1(a) introductory paragraph and (b)
of the act, amended October 30, 2019 (P.L.460, No.76), are
amended to read:
Section 1201.1. Substitute Teaching Permit for Prospective
Teachers.--[(a)] An individual who does not hold a certificate
under section 1201 shall be eligible to teach as a substitute in
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a school district, an area career and technical school or an
intermediate unit provided that:
* * *
[(b) This section shall expire on June 30, 2021.]
Section 3. Section 1205.2(k)(3) of the act is amended to
read:
Section 1205.2. Program of Continuing Professional
Education.--* * *
(k) A professional educator who is not employed by a school
entity as a professional or temporary professional employe may
apply to the department for inactive certification. Inactive
certification shall:
* * *
(3) Disqualify an individual from being employed by a school
entity as a professional or temporary employe. An individual
with inactive certification who is not an annuitant as defined
in 24 Pa.C.S. § 8102 (relating to definitions) or 71 Pa.C.S. §
5102 (relating to definitions) may be employed as a substitute
teacher, principal, superintendent or assistant superintendent
in accordance with the endorsement on the individual's
certificate or letter of eligibility for no more than [ninety
(90)] one hundred twenty (120) one hundred eighty (180) days
during a school year.
* * *
Section 4. This act shall take effect in 60 days.
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