2023-2024 Regular Session HB 2362 PN 3552 Bill Text (HTM)

PRINTER'S NO. 3552

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2362

Session of

2024

INTRODUCED BY D. MILLER, PROKOPIAK, PIELLI, HOHENSTEIN, OTTEN,

SMITH-WADE-EL, GUENST, HILL-EVANS, DONAHUE, SCHLOSSBERG,

GIRAL, PROBST, SANCHEZ, DELLOSO, ROZZI, D. WILLIAMS, BOYD,

CERRATO, DALEY, MERSKI AND CEPEDA-FREYTIZ, AUGUST 12, 2024

REFERRED TO COMMITTEE ON EDUCATION, AUGUST 12, 2024

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 preliminary provisions, providing

for minimum hourly wage or living wage for education support

professionals; in duties and powers of boards of school

directors, further providing for majority vote required and

recording; and imposing duties on the Department of Labor and

Industry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 134. Minimum Hourly Wage or Living Wage for

Education Support Professionals.--(a) Beginning in the 2024-

2025 school year:

(1) An education support professional shall be paid a

minimum hourly wage of not less than twenty dollars ($20) per

hour or the living wage determined under subsection (f),

whichever is greater.

(2) For overtime hours, an education support professional

shall be paid not less than one and one-half (1 1/2) times the

amount that the education support professional is paid under

paragraph (1).

(3) For an education support professional paid on a salaried

basis, salary shall be compared to hours worked in two-week

periods to ensure that the education support professional is

paid not less than required under this section.

(b) This section shall not be construed to require the

modification, renegotiation or reopening of an agreement or

employment contract in effect on the effective date of this

subsection. Subject to subsection (c), the salary schedule or

any other terms of the agreement or employment contract are not

superseded or modified by this section.

2025 school year and during the term of any agreement or

employment contract in effect on the effective date of this

subsection, through and including the 2028-2029 school year, a

public school entity shall make a supplemental wage payment to

each education support professional who is entitled to a wage

that is lower than the minimum hourly wage or living wage

required under subsection (a). The supplemental wage payment

shall be in an amount equal to the number of hours worked by the

education support professional during the school year multiplied

by the difference between the minimum or living wage required

under subsection (a) and the lower wage to which the education

support professional is entitled under the terms of the

agreement or employment contract in effect on the effective date

of this section, which shall not be lower than the wage that the

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education support professional received for the immediately

preceding school year.

(d) A public school entity shall be entitled to receive a

payment under subsection (g) if the public school entity:

(1) makes a supplemental wage payment under subsection (c)

in any school year from 2024-2025 through 2028-2029, inclusive;

(2) on or after the effective date of this subsection,

enters into an agreement or employment contract meeting the

requirements of subsection (e) for the 2024-2025 school year; or

(3) is operating under a period of status quo during the

2024-2025 school year following the expiration of an agreement.

(e) An employment contract or an agreement negotiated by a

public school entity and an employe organization under the

Public Employe Relations Act, on or after the effective date of

this subsection, shall not provide for a wage lower than

provided for under subsection (a). A provision in an agreement

or employment contract in effect on the effective date of this

section that provides for a wage in conflict with subsection (a)

shall be discontinued in a new or renewed agreement or

employment contract or during the period of status quo following

the expiration of an agreement.

(f) The following apply regarding the living wage:

(1) Within thirty (30) days of the effective date of this

paragraph, the Department of Labor and Industry shall:

(i) Determine the living wage applicable to each public

school entity in this Commonwealth.

(ii) Post the living wage described in subparagraph (i) on

the publicly accessible Internet website of the Department of

Labor and Industry.

(2) Beginning one year after the effective date of this

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paragraph, and each year thereafter, the Department of Labor and

Industry shall:

(i) Adjust the living wage described under paragraph (1)(i)

upward if there has been a positive percentage change in the

Consumer Price Index for All Urban Consumers: All Items (CPI-U)

for the United States City Average as published by the United

States Department of Labor, Bureau of Labor Statistics, for the

previous twelve-month period.

(ii) Post the adjusted living wage described in subparagraph

(i) on the publicly accessible Internet website of the

Department of Labor and Industry.

(g) The following apply to supplemental reimbursements and

special payments regarding wage increases for education support

professionals:

(1) Each public school entity making supplemental wage

payments as provided for under subsection (c) shall receive

supplemental reimbursement payments or special payments from the

Department of Education in amounts, on dates and in a manner

determined by the Department of Education.

(2) The reconciled amount of the payments for any school

year from 2024-2025 through 2028-2029, inclusive, shall be paid

to the public school entity in each school year thereafter.

(3) Payment under this subsection shall be in addition to

any other amount payable to the public school entity.

(4) For a school district, the total net, reconciled amount

of supplemental reimbursements that the school district receives

shall be included in the school district's allocation amount

under section 2502.53(b)(1).

(5) Notwithstanding any other provision of this subsection,

if a public school entity enters into a contract for

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noninstructional services with a third party under section 528

on or after the effective date of this paragraph, the public

school entity shall permanently forfeit an amount equal to the

payment received by the public school entity under this

subsection multiplied by the number of public school employe

positions eliminated due to the public school entity's decision

to enter into the contract with a third party under section 528.

The following apply:

(i) The Department of Education shall determine the amount

forfeited.

(ii) In the case of a school district, the amount forfeited

shall be permanently removed from the school district's

allocation amount under section 2502.53(b)(1).

(6) The Department of Education shall issue guidelines

necessary for the implementation and administration of this

subsection.

(h) 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:

"Agreement." A contract or agreement between a public

employer and a public employe or employe organization under the

Public Employe Relations Act.

"Education support professional." An individual who is not

any of the following:

(1) A professional employe, as defined in section 1101(1).

(2) A substitute, as defined in section 1101(2).

(3) A temporary professional employe, as defined in section

1101(3).

"Employe organization." As defined in section 301(3) of the

Public Employe Relations Act.

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"Employment contract." A contract for services between a

public school entity and one or more education support

professionals who are not members of a bargaining unit

represented by an employe organization.

"Living wage." The minimum income necessary for an education

support professional to meet basic needs based upon the region

of this Commonwealth in which the education support professional

is employed.

"Minimum hourly wage." A rate of pay of twenty dollars ($20)

per hour.

"Public employe." As defined in section 301(2) of the Public

Employe Relations Act.

"Public Employe Relations Act." The act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act."

"Public employer." As defined in section 301(1) of the

Public Employe Relations Act.

"Public school entity." A school district, intermediate unit

or area career and technical school.

Section 2. Section 508 of the act is amended to read:

Section 508. Majority Vote Required; Recording.--(a) The

affirmative vote of a majority of all the members of the board

of school directors in every school district, duly recorded,

showing how each member voted, shall be required in order to

take action on the following subjects:--

Fixing length of school term.

Adopting textbooks.

Appointing or dismissing district superintendents, assistant

district superintendents, associate superintendents, principals,

and teachers.

Appointing tax collectors and other appointees.

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Adopting the annual budget.

Levying and assessing taxes.

Purchasing, selling, or condemning land.

Locating new buildings or changing the locations of old ones.

Dismissing a teacher after a hearing.

Creating or increasing any indebtedness.

Adopting courses of study.

Establishing additional schools or departments.

Designating depositories for school funds.

Entering into contracts of any kind, including contracts for

the purchase of fuel or any supplies, where the amount involved

exceeds one hundred dollars ($100).

Fixing salaries or compensation of officers, teachers, or

other appointees of the board of school directors.

Entering into contracts with and making appropriations to the

intermediate unit for the district's proportionate share of the

cost of services provided or to be provided for by the

intermediate unit.

(b) A board of school directors may not enter into a

contract for services to be provided by an education support

professional, as the term is defined in section 134(h), that

provides for payment of a wage of less than required under

section 134(a). The following apply:

(1) A provision in a contract in effect on the effective

date of this subsection that provides for a salary or fee in

conflict with this subsection shall be discontinued in a new or

renewed contract.

(2) This subsection shall not be construed to require the

modification, renegotiation or reopening of a contract in effect

on the effective date of this subsection, and neither the salary

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schedule nor any other terms of the contract are superseded or

modified by this subsection.

shall render [such] the acts of the board of school directors

void and [unenforcible] unenforceable.

Section 3. This act shall take effect immediately.

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