PRINTER'S NO. 414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
446
Session of
2023
INTRODUCED BY GAYDOS, ZIMMERMAN, KEEFER AND M. JONES,
MARCH 16, 2023
REFERRED TO COMMITTEE ON EDUCATION, MARCH 16, 2023
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 duties and powers of boards of
school directors, repealing provisions relating to third-
party services; and, in terms and courses of study, further
providing for pandemic of 2020.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 528 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is repealed:
[Section 528. Third-Party Services.--(a) In addition to the
requirements of any other law or regulation, a school employer
shall not enter into a contract with a third party for non-
instructional services unless the following conditions are met:
(1) The school employer shall solicit applications from
third parties.
(2) The school employer's solicitation shall require each
third party to provide in the application:
(i) A minimum three-year cost projection to the school
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employer, using generally accepted accounting principles.
(ii) Information concerning any violation of Federal or
State law or regulation by the third party, composite
information about the criminal and disciplinary records of
current employes of the third party who may perform the non-
instructional services and information concerning any traffic
violation or chargeable accident that occurred during the course
of employment by an individual employe of the third party.
(iii) Any additional information that the school employer
deems appropriate.
(3) The school employer shall conduct a minimum of one
public hearing prior to a regularly scheduled board meeting to
present to the public the selected proposal of a third party to
perform the non-instructional services and to receive public
comment. The school employer shall provide notice to the public
of the date, time and location of the first public hearing:
(i) on or before the initial date that bids to provide the
non-instructional services are solicited; or
(ii) a minimum of thirty (30) days prior to the public board
meeting, whichever provides a greater period of notice.
(b) For a school employe whose employment is terminated due
to a third party entering into a contract with the school
employer for non-instructional services and who seeks employment
from the third party during the effective date of the contract,
the following shall apply:
(1) The third party shall give consideration to the school
employe, which shall include an interview, when hiring any new
employe for the same or a substantially similar position which
the school employe held with the school employer.
(2) If requested by the third party, the school employer
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shall provide to the third party information regarding the
performance and employment duties of the school employe.
(c) Nothing in this section shall be construed to:
(1) Supersede 7 CFR Pt. 210 (relating to National School
Lunch Program) where applicable.
(2) Supersede or preempt the rights, remedies and procedures
afforded to school employes or labor organizations under Federal
or State law, including the act of July 23, 1970 (P.L.563,
No.195), known as the "Public Employe Relations Act," or any
provision of a collective bargaining agreement negotiated
between a school employer and an exclusive representative of the
employes in accordance with that act.
(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:
"Non-instructional services" shall mean services provided by
a school employee whose terms and conditions of employment are
governed by a collective bargaining agreement negotiated between
the school employer and the exclusive representative of the
employe and excluding services provided by a professional
employe, a substitute or a temporary professional employe as
those terms are defined under section 1101.
"School employer" shall mean a board of school directors, an
intermediate unit board of directors or an area career and
technical board of directors.
"Third party" shall mean a for-profit service provider,
including a business or corporation, that contracts with a
school employer to provide non-instructional services. The term
shall not include an individual.]
Section 2. Section 1501.8(f) of the act is amended to read:
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Section 1501.8. Pandemic of 2020.--* * *
(f) The governing body of a school entity may apply to the
Secretary of Education for a waiver, in the form and manner
prescribed by the Secretary of Education, of any provision of
this act, the regulation of the State Board of Education or the
standards of the Department of Education, excluding sections
[528,] 1124 and 1125.1, if the waiver is directly related to the
school entity's staffing needs or impacts the school entity's
instructional program or operations as a result of the pandemic
of 2020. The Secretary of Education shall have 30 days from the
receipt of the application to approve or disapprove the
request. The Secretary of Education's determination related to a
waiver request under this subsection shall not be appealable
under 2 Pa.C.S. (relating to administrative law and procedure).
* * *
Section 3. This act shall take effect in 60 days.
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