PRINTER'S NO. 1899
No. 1559 Session of 1997
INTRODUCED BY TANGRETTI, ROONEY, BELFANTI, GIGLIOTTI, SHANER,
OLASZ, CASORIO, LUCYK, BAKER, JAMES, HALUSKA, PETRARCA,
SCRIMENTI, LEVDANSKY, STABACK AND MELIO, JUNE 3, 1997
REFERRED TO COMMITTEE ON EDUCATION, JUNE 3, 1997
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," further providing for transferred
6 programs and classes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1113 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended August 5, 1991 (P.L.219, No.25), is amended to read:
12 Section 1113. Transferred Programs and Classes.--(a) When a
13 program or class is transferred as a unit from one or more
14 school entities to another school entity or entities,
15 professional employes who [were assigned to the class or program
16 immediately prior to the transfer and are classified as teachers
17 as defined in section 1141(1) and are suspended as a result of
18 the transfer and who are properly certificated shall be offered
19 employment in the program or class by the receiving entity or
1 entities when services of a professional employe are needed to
2 sustain the program or class transferred, as long as there is no
3 suspended professional employe in the receiving entity who is
4 properly certificated to fill the position in the transferred
5 class or program.] are classified as teachers as defined in
6 section 1141(1) and who are properly certified and
7 paraprofessional employes who were assigned to the class or
8 program immediately prior to the transfer and who are suspended
9 as a result of the transfer shall be offered employment in the
10 program or class by the receiving entity or entities when
11 services of a professional or a paraprofessional employe are
12 needed to sustain the program or class transferred as long as
13 there is no suspended professional employe or furloughed
14 paraprofessional in the receiving entity who is properly
15 certificated, in the case of a professional employe, or
16 experienced, in the case of a paraprofessional employe, to fill
17 the position in the transferred class or program. The receiving
18 entity, however, shall not be required to hire a professional or
19 paraprofessional employe pursuant to this subsection whose
20 personnel file, including sealed portions thereof, is not made
21 available to the receiving entity for inspection as a condition
22 of hiring. Receiving entities may refuse to employ an individual
23 who received at least two unsatisfactory ratings during the
24 thirty-six (36) months prior to the date of transfer.
25 (a.1) Transfers under the provisions of this act shall only
26 occur once a year at the beginning of each school year and shall
27 be included in the district's special education plan if the
28 receiving entity is a school district. Special education program
29 transfers may not be implemented unless the transfers are
30 approved by the Department of Education on or before March 31 of
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1 the year preceding the proposed transfer.
2 (b) Transferred professional employes shall be credited by
3 the receiving entity only for their sick leave accumulated in
4 the sending entity and also for their years of service in the
5 sending entity, the latter for purposes of sabbatical leave
6 eligibility and placement in the salary schedule: Provided,
7 however, That such employes shall not utilize the sabbatical
8 leave until they have taught in the receiving entity for a
9 period of three (3) years. Such employes shall transfer their
10 accrued seniority in the area of certification required for the
11 transferred program or class only.
12 (b.1) Professional employes who are classified as teachers
13 and paraprofessional employes who are not transferred with the
14 classes to which they are assigned or who have received a formal
15 notice of suspension shall form a pool of employes within the
16 school entity. No school entity shall be obligated to hire from
17 the pool once the pool which is in effect at the time of the
18 transfer has been exhausted. No new [professional] employe who
19 is classified as a teacher or paraprofessional shall be employed
20 by a school entity assuming program responsibility for
21 transferred students while there is:
22 (1) a properly certificated professional employe who is
23 classified as a teacher or paraprofessional employe suspended in
24 the receiving entity; or
25 (2) if no person is qualified under clause (1), a properly
26 certificated member of the school entity pool who is willing to
27 accept employment with the school entity assuming program
28 responsibility for transferred students. Members of the pool
29 shall have the right to refuse employment offers from such
30 school entity and remain in the [pool.] pool; Provided, however,
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1 That the pool member shall not remain in the pool after three
2 refusals of offers of full-time employment: and Provided
3 further, That any pool member who changes residency from this
4 Commonwealth to another residency shall be removed from the
5 pool. Refusal to accept work under this subsection shall not be
6 grounds for denial of unemployment compensation under sections
7 401 and 402 of the act of December 5, 1936 (2nd Sp.Sess., 1937
8 P.L.2897, No.1), known as the "Unemployment Compensation Law."
9 (c) Nothing contained in this section shall be construed to
10 supersede or preempt any provision of a collective bargaining
11 agreement in effect on February 4, 1982, and negotiated by a
12 school entity and an exclusive representative of the employes in
13 accordance with the act of July 23, 1970 (P.L.563, No.195),
14 known as the "Public Employe Relations Act."
15 (c.1) If a receiving entity returns a unit to the sending
16 entity within two academic years of the first transfer,
17 professional and paraprofessional employes assigned to the unit
18 shall be given the opportunity to return with the unit.
19 (d) (1) As used in this section, the term "school entity"
20 or "school entities" shall mean an intermediate unit and its
21 participating school districts or an area vocational-technical
22 school and its sending school districts.
23 (2) As used in this section, the term "unit" shall mean a
24 program or class whose membership falls within the minimum and
25 maximum class size as defined in Department of Education
26 standards[.] and where the program or class can be identified as
27 being substantially intact in accordance with standards of the
28 department.
29 (3) As used in this section, the term "paraprofessional
30 employe" shall mean an instructional aide, classroom aide,
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1 special education aide, teaching assistant or associate teacher
2 who is not defined as a professional employe.
3 Section 2. This act shall take effect in 60 days.
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