THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, WAUGH, ALLOWAY, MUSTO, FERLO, WILLIAMS, O'PAKE, LEACH, WONDERLING, GORDNER, MELLOW, WASHINGTON AND DINNIMAN, MARCH 16, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 23, 2009   

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 employees, further

providing for definitions; and providing for school social

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workers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1101 1101(1) of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

amended November 30, 1971 (P.L.546, No.144), is amended to read:

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

(1)  The term "professional employe" shall include those who

are certificated as teachers, supervisors, supervising

principals, principals, assistant principals, vice-principals,

directors of vocational education, dental hygienists, visiting

teachers, home and school visitors, school social workers,

school counselors, child nutrition program specialists, school

librarians, school secretaries the selection of whom is on the

basis of merit as determined by eligibility lists and school

nurses.

(1.1)  The term "school social worker" shall include those

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who hold a license in good standing as a licensed social worker

or a licensed clinical social worker in accordance with the act

of July 9, 1987 (P.L.220, No.39), known as the "Social Workers,

Marriage and Family Therapists and Professional Counselors Act,"

and are certificated to practice clinical social work, marriage

and family therapy, professional counseling, social work and

social work methods and theory application as defined by that

act.

(2)  The term "substitute" shall mean any individual who has

been employed to perform the duties of a regular professional

employe during such period of time as the regular professional

employe is absent on sabbatical leave or for other legal cause

authorized and approved by the board of school directors or to

perform the duties of a temporary professional employe who is

absent.

(3)  The term "temporary professional employe" shall mean any

individual who has been employed to perform, for a limited time,

the duties of a newly created position or of a regular

professional employe whose services have been terminated by

death, resignation, suspension or removal.

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Section 2.  The act is amended by adding a section to read:

Section 1107.1.  School Social Workers.--(a)  A school entity

may employ school social workers who meet the qualifications set

forth in the act of July 9, 1987 (P.L.220, No.39), known as the

"Social Workers, Marriage and Family Therapists and Professional

Counselors Act."

(b)  Social workers who meet the qualifications of the

"Social Workers, Marriage and Family Therapists and Professional

Counselors Act," including an individual employed as a school

social worker in a public or private school in this Commonwealth

on or before the effective date of this section, shall be deemed

qualified by the Department of Education to perform the services

outlined in that act in a school entity.

(c)  A social worker performing services in a school entity

may work under the supervision of a superintendent, assistant

superintendent or other school administrator or employe as

determined by the school entity.

(d)  For the purposes of this section, the term "school

entity" shall mean any public school district, intermediate

unit, charter school or area vocational-technical school.

Section 2 3.  This act shall take effect in 60 days.

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