PRINTER'S NO. 1579
No. 1358 Session of 1989
INTRODUCED BY OLASZ, B. D. CLARK, SERAFINI, GODSHALL, MRKONIC,
PISTELLA, BATTISTO, DALEY, DeWEESE, BILLOW, F. TAYLOR, BLACK,
COLE, BURNS, MAINE, BOYES, PETRONE, WOZNIAK, MICOZZIE, BUNT,
LaGROTTA, BARLEY, D. R. WRIGHT, DOMBROWSKI, TRELLO, McCALL,
LUCYK, COY, PETRARCA, LETTERMAN, GIGLIOTTI, DeLUCA, FARGO,
VAN HORNE, GAMBLE, CALTAGIRONE, BURD, COLAIZZO, VROON,
LESCOVITZ, VEON, TANGRETTI, SALOOM, CIVERA, TIGUE, FEE,
GEORGE, STABACK, BELARDI, CAWLEY, CAPPABIANCA, STEIGHNER,
KAISER AND McNALLY, MAY 1, 1989
REFERRED TO COMMITTEE ON EDUCATION, MAY 1, 1989
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," changing provisions relating to
6 school terms and sessions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1504(a) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended July 1, 1978 (P.L.575, No.105), is amended to read:
12 Section 1504. Dates and Times of School Terms and Sessions;
13 Commencement.--(a) The board of school directors of each school
14 district shall fix the date of the beginning of the school term:
15 Provided, however, That the beginning of any school term for
16 students shall not commence any earlier than the day after Labor
1 Day. Unless otherwise determined by the board, the daily session
2 of school shall open at nine ante-meridian and close at four
3 post-meridian, with an intermission of one hour at noon, and an
4 intermission of fifteen minutes in the forenoon and in the
5 afternoon. Upon request of a board of school directors for an
6 exception to the aforesaid daily schedule, the Secretary of
7 Education may, when in his opinion a meritorious educational
8 program warrants, approve a school week containing a minimum of
9 twenty seven and one-half hours of instruction as the equivalent
10 of five (5) school days, or a school year containing a minimum
11 of nine hundred ninety hours of instruction at the secondary
12 level or nine hundred (900) hours of instruction at the
13 elementary level as the equivalent of one hundred eighty (180)
14 school days. Professional and temporary professional employes
15 shall be allowed a lunch period free of supervisory or other
16 duties of at least thirty minutes. The provisions of this
17 subsection shall not be construed to repeal any rule or
18 regulation of any board of school directors now in effect which
19 provides for a lunch period longer than the minimum prescribed
20 herein or to repeal any action of any board of school directors
21 taken in compliance with section 7 of the act of July 25, 1913
22 (P.L.1024, No.466), entitled "An act to protect the public
23 health and welfare, by regulating the employment of females in
24 certain establishments, with respect to their hours of labor and
25 the conditions of their employment; by establishing certain
26 sanitary regulations in the establishments in which they work;
27 by requiring certain abstracts and notices to be posted; by
28 providing for the enforcement of this act by the Commissioner of
29 Labor and Industry and others; by prescribing penalties for
30 violations thereof; by defining the procedure in prosecutions;
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1 and by repealing all acts and parts of acts inconsistent with
2 the provisions thereof," as amended. Nothing in this section
3 shall prevent school districts from conducting in-service
4 sessions for teachers before Labor Day.
5 * * *
6 Section 2. (a) The provisions of this amendatory act shall
7 expire three years from the effective date hereof. Prior to the
8 stated expiration date, the General Assembly shall consider and
9 act upon the recommendations of a temporary commission as
10 provided in subsections (b) and (c).
11 (b) Prior to the end of the second year this amendatory act
12 is in effect, the Governor shall appoint a temporary commission
13 for the purpose of making a survey of the effect this amendatory
14 act has had upon schools, the travel industry, families and this
15 Commonwealth in general. The temporary commission appointed by
16 the Governor shall consist of the Secretary of Education, the
17 Secretary of Commerce and the Secretary of Revenue or their
18 designees, a head administrator of a public school or his
19 designee, a teacher, a representative of the Pennsylvania School
20 Board Association, a representative of the Pennsylvania State
21 Education Association, a representative of the Pennsylvania
22 Federation of Teachers, a representative of the travel industry,
23 a parent, one member of the majority party and one member of the
24 minority party of the House of Representatives, one member of
25 the majority party and one member of the minority party of the
26 Senate, and a member of the Governor's Office. The survey shall
27 be coordinated and conducted through the Department of
28 Education.
29 (c) The temporary commission so appointed shall, within 180
30 days of the beginning of the third year after the effective date
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1 hereof, make its report and recommendations to the General
2 Assembly as to whether this amendatory act should be continued,
3 terminated or modified. Upon the submission of its report and
4 recommendations, the temporary commission shall cease to exist.
5 Section 3. Any contractually agreed-upon school calendar or
6 process which determines the school calendar in effect on the
7 effective date of this amendatory act between a school district
8 and its professional or nonprofessional employees which is in
9 conflict with the provisions of this amendatory act shall remain
10 in effect for the duration of that contract.
11 Section 4. This act shall take effect September 1, 1990.
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