PRINTER'S NO. 290
No. 293 Session of 1999
INTRODUCED BY HERMAN, TANGRETTI, STAIRS, COLAFELLA, KREBS,
MUNDY, NAILOR, STEELMAN, STURLA, ALLEN, BAKER, BELARDI,
BROWNE, CIVERA, EACHUS, LEVDANSKY, MAHER, MARKOSEK, McCALL,
PESCI, RAMOS, READSHAW, ROSS, SANTONI, SATHER, SEMMEL,
SHANER, STABACK, E. Z. TAYLOR, TIGUE, VAN HORNE, WILT,
WOJNAROSKI, YOUNGBLOOD AND M. COHEN, FEBRUARY 2, 1999
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 2, 1999
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
1 employment in the program or class by the receiving entity or
2 entities when services of a professional employe are needed to
3 sustain the program or class transferred, as long as there is no
4 suspended professional employe in the receiving entity who is
5 properly certificated to fill the position in the transferred
6 class or program.] are classified as teachers as defined in
7 section 1141(1) and who are properly certified and
8 paraprofessional employes who were assigned to the class or
9 program immediately prior to the transfer and who are suspended
10 as a result of the transfer shall be offered employment in the
11 program or class by the receiving entity or entities when
12 services of professional or a paraprofessional employe are
13 needed to sustain the program or class transferred as long as
14 there is no suspended professional employe or furloughed
15 paraprofessional in the receiving entity who is properly
16 certificated, in the case of a professional employe, or
17 experienced, in the case of a paraprofessional, to fill the
18 position in the transferred class or program. The receiving
19 entity, however, shall not be required to hire a professional or
20 paraprofessional employe pursuant to this subsection whose
21 personnel file, including sealed portions thereof, is not made
22 available to the receiving entity for inspection as a condition
23 of hiring. Receiving entities may refuse to employ an individual
24 who received at least two unsatisfactory ratings during the
25 thirty-six (36) months prior to the date of transfer.
26 (a.1) Transfers under the provisions of this act shall only
27 occur once a year prior to the beginning of each school year and
28 shall be included in the district's special education plan if
29 the receiving entity is a school district. Special education
30 program transfers may not be implemented unless the transfers
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1 are approved by the Department of Education on or before March
2 31 of the school term preceding the proposed transfer.
3 (b) Transferred professional employes shall be credited by
4 the receiving entity only for their sick leave accumulated in
5 the sending entity and also for their years of service in the
6 sending entity, the latter for purposes of sabbatical leave
7 eligibility and placement in the salary schedule: Provided,
8 however, That such employes shall not utilize the sabbatical
9 leave until they have taught in the receiving entity for a
10 period of three (3) years. Such employes shall transfer their
11 accrued seniority in the area of certification required for the
12 transferred program or class only. Transferred paraprofessional
13 employes shall be credited by the receiving entity only for
14 their sick leave accumulated in the sending entity and also for
15 their years of service in the sending entity, the latter for the
16 purpose of placement in the salary schedule.
17 (b.1) Professional employes who are classified as teachers
18 and paraprofessional employes who are not transferred with the
19 classes to which they are assigned or who have received a formal
20 notice of suspension shall form a pool of employes within the
21 school entity. No school entity shall be obligated to hire from
22 the pool, once the pool which is in effect at the time of the
23 transfer has been exhausted. No new [professional] employe who
24 is classified as a teacher or a paraprofessional shall be
25 employed by a school entity assuming program responsibility for
26 transferred students while there is:
27 (1) a properly certificated professional employe who is
28 classified as a teacher or a paraprofessional employe suspended
29 in the receiving entity; or
30 (2) if no person is qualified under clause (1), a properly
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1 certificated member of the school entity pool who is willing to
2 accept employment with the school entity assuming program
3 responsibility for transferred students. Members of the pool
4 shall have the right to refuse employment offers from such
5 school entity and remain in the pool[.]; Provided, however, That
6 the pool member shall not remain in the pool after three
7 refusals of offers of full-time employment and Provided further,
8 That any pool member who changes residency from this
9 Commonwealth to another residency shall be removed from the
10 pool. Refusal to accept work under this subsection shall not be
11 grounds for denial of unemployment compensation under sections
12 401 and 402 of the act of December 5, 1936 (2nd Sp.Sess., 1937
13 P.L.2897, No.1), known as the "Unemployment Compensation Law."
14 (c) Nothing contained in this section shall be construed to
15 supersede or preempt any provision of a collective bargaining
16 agreement in effect on February 4, 1982, and negotiated by a
17 school entity and an exclusive representative of the employes in
18 accordance with the act of July 23, 1970 (P.L.563, No.195),
19 known as the "Public Employe Relations Act."
20 (c.1) If a receiving entity returns a unit to the sending
21 entity within two (2) academic years of the first transfer,
22 professional and paraprofessional employes assigned to the unit
23 shall be given the opportunity to return with the unit.
24 (d) (1) As used in this section, the term "school entity"
25 or "school entities" shall mean an intermediate unit and its
26 participating school districts or an area vocational-technical
27 school and its sending school districts.
28 (2) As used in this section, the term "unit" shall mean a
29 program or class whose membership falls within the minimum and
30 maximum class size as defined in Department of Education
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1 standards.
2 (3) As used in this section, the term "paraprofessional
3 employe" shall mean an instructional assistant or aide,
4 classroom assistant or aide, special education assistant or
5 aide, teaching assistant or associate teacher who is not defined
6 as a "professional employe."
7 Section 2. This act shall take effect immediately.
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