PRINTER'S NO. 1009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
856
Session of
2023
INTRODUCED BY BREWSTER, HAYWOOD, DILLON, HUGHES, KANE AND COSTA,
JULY 6, 2023
REFERRED TO EDUCATION, JULY 6, 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 preliminary provisions, providing
for minimum wage for education support professionals and for
supplemental reimbursements and special payments on account
of minimum wage increases for education support
professionals; in duties and powers of boards of school
directors, further providing for majority vote required and
recording; in professional employees, further providing for
definitions and for duty to employ, repealing provisions
relating to minimum salaries for teachers and providing for
minimum salaries for professional staff members; and, in
reimbursements by Commonwealth and between school districts,
repealing provisions relating to special payments on account
of minimum salary increases and providing for supplemental
reimbursements and special payments on account of minimum
salary increases for professional staff members.
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 sections
to read:
Section 130. Minimum Wage for Education Support
Professionals.--(a) Beginning in the 2023-2024 school year:
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(1) An education support professional shall be paid a
minimum hourly wage of not less than twenty dollars ($20) per
hour.
(2) For overtime hours, an education support professional
shall be paid not less than one and one-half (1.5) times the
minimum hourly wage.
(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
section. Subject to subsection (c), the salary schedule or any
other terms of such agreement or employment contract are not
superseded nor modified by this section.
(c) Notwithstanding subsection (b), beginning in the 2023-
2024 school year and during the term of any agreement or
employment contract in effect on the effective date of this
section, through and including the 2027-2028 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 wage required under subsection
(a). The supplemental wage payment shall be in an amount equal
to the product of the number of hours worked by the education
support professional during the school year multiplied by the
difference between the minimum 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
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section, which shall not be lower than the wage that the
education support professional received for the immediately
preceding school year.
(d) A public school entity that makes a supplemental wage
payment under subsection (c) in any school year from 2023-2024
through 2027-2028, inclusive, shall be entitled to receive the
supplemental reimbursement provided for under section 131.
(e) An employment contract, or an agreement negotiated by a
public school entity and an employe organization under the
Public Employe Relations Act after the effective date of this
section, 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 an expired
contract.
(f) A public school entity that, after the effective date of
this section, enters into an agreement or employment contract
meeting the requirements of subsection (e) for the 2023-2024
school year, or that is operating under a period of status quo
during the 2023-2024 school year following the expiration of an
agreement, shall be entitled to receive the special payment
provided for under section 131.
(g) 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.
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"Education support professional." A person who is not a
professional staff member as defined in section 1142.2(g).
"Employe organization." The term shall have the meaning
given to the term in section 301(3) of the Public Employe
Relations Act.
"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.
"Minimum hourly wage." A rate of pay of twenty dollars ($20)
per hour.
"Public employe." The term shall have the meaning given to
the term 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." The term shall have the meaning given to
the term 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 131. Supplemental Reimbursements and Special
Payments on Account of Minimum Wage Increases for Education
Support Professionals.--(a) The following shall apply to a
public school entity making supplemental wage payments as
provided for under section 130(c):
(1) By dates determined by the department, the public school
entity shall provide information specified by the department to
calculate the total cost of the supplemental wage payments made
in the 2023-2024 school year. Thereafter, a public school entity
that seeks further supplemental reimbursement shall, by dates
determined by the department, provide information specified by
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the department to calculate the total cost of the supplemental
wage payments made in the 2024-2025 school year through the
2027-2028 school year.
(2) By October 15, 2023, the department shall provide the
public school entity with a preliminary supplemental
reimbursement for the total cost of the public school entity's
supplemental wage payments made in the 2023-2024 school year,
followed by a reconciliation of actual costs for the 2023-2024
school year no later than December 31, 2024. The reconciled
amount of the supplemental reimbursement for the 2023-2024
school year shall be paid to the public school entity in each
school year thereafter. Payment under this paragraph shall be in
addition to any other amount payable to the public school
entity.
(3) By October 15, 2024, the department shall provide the
public school entity that submitted information under paragraph
(1) related to supplemental wage payments made in the 2024-2025
school year with a preliminary supplemental reimbursement for
the total cost of the public school entity's supplemental wage
payments made in the 2023-2024 school year, followed by a
reconciliation of actual costs for the 2024-2025 school year no
later than December 31, 2025. The net reconciled amount of the
supplemental reimbursement for the 2024-2025 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraph (2), shall be paid to the
public school entity in each school year thereafter. Payment
under this paragraph shall be in addition to any other amount
payable to the public school entity.
(4) By October 15, 2025, the department shall provide the
public school entity that submitted information under paragraph
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(1) related to supplemental wage payments made in the 2025-2026
school year with a preliminary supplemental reimbursement for
the total cost of the public school entity's supplemental wage
payments made in the 2025-2026 school year, followed by a
reconciliation of actual costs for the 2025-2026 school year no
later than December 31, 2026. The net, reconciled amount of the
supplemental reimbursement for the 2025-2026 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraphs (2) and (3), shall be paid
to the public school entity in each school year thereafter.
Payment under this subsection shall be in addition to any other
amount payable to the public school entity.
(5) By October 15, 2026, the department shall provide the
public school entity that submitted information under paragraph
(1) related to supplemental wage payments made in the 2026-2027
school year with a preliminary supplemental reimbursement for
the total cost of the public school entity's supplemental wage
payments made in the 2026-2027 school year, followed by a
reconciliation of actual costs for the 2026-2027 school year no
later than December 31, 2027. The net reconciled amount of the
supplemental reimbursement for the 2026-2027 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraphs (2), (3) and (4), shall be
paid to the public school entity in each school year thereafter.
Payment under this subsection shall be in addition to any other
amount payable to the public school entity.
(6) By October 15, 2027, the department shall provide the
public school entity that submitted information under paragraph
(1) related to supplemental wage payments made in the 2027-2028
school year with a preliminary supplemental reimbursement for
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the total cost of the public school entity's supplemental wage
payments made in the 2027-2028 school year, followed by a
reconciliation of actual costs for the 2027-2028 school year no
later than December 31, 2028. The net reconciled amount of the
supplemental reimbursement for the 2027-2028 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraphs (2), (3), (4) and (5), shall
be paid to the public school entity in each school year
thereafter. Payment under this subsection shall be in addition
to any other amount payable to the public school entity.
(7) For a school district, the supplemental reimbursement
received for the 2023-2024 school year under paragraph (2) and
the net amount of the supplemental reimbursements the school
district receives in each following year for the 2024-2025
through 2027-2028 school years under paragraphs (3), (4), (5)
and (6) shall be included in the school district's allocation
amount under section 2502.53(b)(1).
(b) The following shall apply when a public school entity's
education support professionals' wages for the 2023-2024 school
year are governed by an expired agreement during a period of
status quo or by an employment contract or agreement entered
after the effective date of this section:
(1) By a date determined by the department, an eligible
public school entity shall provide the department with the
information the department specifies as necessary to calculate
the total cost of the special payment to be made with respect to
the 2023-2024 school year. By October 15, 2023, the department
shall provide a preliminary special payment for the 2023-2024
school year, followed by a final reconciliation of the actual
cost of the special payment for the 2023-2024 school year no
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later than December 31, 2024.
(2) With respect to any education support professional who:
(i) is employed in the 2023-2024 school year;
(ii) was employed in the 2022-2023 school year; and
(iii) was paid a wage in the 2022-2023 school year that was
lower than the wage required under section 130(a);
the amount of the special payment under paragraph (1) shall be
equal to the product of the number of hours worked in the 2023-
2024 school year multiplied by the difference between the 2022-
2023 wage and the minimum hourly wage required under section
130(a). For an educational support professional who was newly
employed in the 2023-2024 school year, the department shall pay
the difference between the starting hourly wage in 2022-2023 and
the minimum hourly wage under section 130(a), multiplied by the
number of hours worked in the 2023-2024 school year.
(3) The department shall continue to pay to a public school
entity the amount of any special payment received under
paragraphs (1) and (2) in each subsequent school year following
the initial payment. Payment under this subsection shall be in
addition to any other amount payable to a public school entity.
For a school district, the amount of the payment shall be
included in the school district's allocation amount under
section 2502.53(b)(1).
(c) Beginning in the 2023-2024 school year and each school
year thereafter, the public employer's share of contributions to
the Public School Employe's Retirement Fund and Social Security
attributable to the wage increase implemented under section 130
and this section shall be paid for the public school entity out
of funds appropriated to the department for such purpose.
(d) The department shall issue guidelines necessary for the
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implementation of this section. The guidelines shall include a
process in which the department shall make preliminary payment
to a public school entity under subsections (a) and (b) no later
than October 15 of each school year from 2023-2024 through 2027-
2028, followed by final reconciliation of such payments no later
than December 31 of each year from 2024 through 2028.
(e) Notwithstanding subsections (a) and (b), if a public
school entity enters into a contract for noninstructional
services with a third party under section 528 after the
effective date of section 130, the public school entity shall
permanently forfeit an amount equal to the product of the sum of
the supplemental reimbursement and special payment received by
the public school entity under subsections (a) and (b),
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
amount forfeited shall be determined by the department. 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).
(f) The words and phrases used in this section shall have
the meanings given to them in section 130.
Section 2. Sections 508, 1101(1) and 1106 of the act are
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.
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Adopting textbooks.
Appointing or dismissing district superintendents, assistant
district superintendents, associate superintendents, principals,
and teachers.
Appointing tax collectors and other appointees.
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 130(g), that
provides for payment of a wage of less than required under
section 130(a). 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
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new or renewed contract. 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 schedule nor any other terms of such contract
are superseded or modified by this subsection.
(c) Failure to comply with the provisions of this section
shall render such acts of the board of school directors void and
[unenforcible] unenforceable.
Section 1101. Definitions.--As used in this article,
(1) The term "professional employe" shall include those who
are certificated, such as teachers, supervisors, supervising
principals, principals, assistant principals, vice-principals,
directors of career and technical education, dental hygienists,
visiting teachers, home and school visitors, 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 and
individuals employed under section 1106(b).
* * *
Section 1106. Duty to Employ.--(a) The board of school
directors in every school district shall employ the necessary
qualified professional employes, substitutes and temporary
professional employes to keep the public schools open in their
respective districts in compliance with the provisions of this
act. Except for school districts of the first class and first
class A which may require residency requirements for other than
professional employes, substitutes and temporary professional
employes, no other school district shall require an employe to
reside within the school district as a condition for appointment
or continued employment.
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(b) The board of school directors may employ, in nonteaching
capacities, the necessary qualified persons in positions that
require a nationally recognized or State license or other
credential but do not require certification under Article XII
for public school employment.
Section 3. Section 1142.1 of the act is repealed:
[Section 1142.1. Minimum Salaries for Teachers.--(a)
Notwithstanding the provisions of section 1142, the minimum
salary paid to full-time teachers for the school term 1988-1989
and each school term thereafter, shall be eighteen thousand five
hundred dollars ($18,500) as provided in this section.
(b) This section shall not require, and shall not be
construed to require, the modification, renegotiation or
reopening of any contract or agreement in effect on the
effective date of this section between a public employer and a
public employe or employe organization pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," nor shall the salary or any other terms of any
such contract or agreement be superseded or modified by this
section: Provided, that the board of school directors of a
school district may at any time during the term of such contract
or agreement implement the minimum salary provisions of this
section for the entire school term in the manner provided in
section 1151. Whenever a board of school directors of a school
district exercises the power granted by this subsection to
implement the minimum salary provisions of this section, it
shall implement them by making a supplemental salary payment to
each full-time teacher who qualifies for such payment in an
amount equal to the difference between eighteen thousand five
hundred dollars ($18,500) and the salary to which such teacher
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is entitled under the terms of the applicable contract or
agreement and shall be entitled to receive the special payment
provided by section 2594.
(c) The board of school directors of a school district shall
pay to full-time teachers a salary which equals at least
eighteen thousand five hundred dollars ($18,500) for the school
term beginning after the expiration of the term of any contract
or agreement in effect on the effective date of this section
between a public employer and a public employe or employe
organization pursuant to the "Public Employe Relations Act," and
for each school term thereafter.
(d) For purposes of this section, the following terms shall
have the following meanings:
"Board of school directors" shall mean board of school
directors, intermediate unit board of directors and area career
and technical board.
"School district" shall mean school district, intermediate
unit and area career and technical school.
"Teacher" shall mean classroom teachers and all others
included within the definition of "teacher" in section 1141,
including speech correctionists and instructional department
chairmen employed by a school district.]
Section 4. The act is amended by adding a section to read:
Section 1142.2. Minimum Salaries for Professional Staff
Members.--(a) (1) Notwithstanding the provisions of section
1142 or any other provision of law, the minimum salary paid to a
professional staff member shall be as follows:
(i) For the 2023-2024 school year, fifty thousand dollars
($50,000).
(ii) For the 2024-2025 school year, fifty-two thousand five
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hundred dollars ($52,500).
(iii) For the 2025-2026 school year, fifty-five thousand
dollars ($55,000).
(iv) For the 2026-2027 school year, fifty-seven thousand
five hundred dollars ($57,500).
(v) For the 2027-2028 school year and each school year
thereafter, sixty thousand dollars ($60,000).
(2) For a professional staff member who works part-time or
for only a portion of a school year, the minimum salary paid
under this subsection shall be prorated based upon the amount of
time in the school year the professional staff member worked.
(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
section. Subject to subsection (c), the salary schedule or any
other terms of such agreement or employment contract are not
superseded nor modified by this section.
(c) Notwithstanding subsection (b), during the term of an
agreement or employment contract in effect on the effective date
of this section, the public school entity shall make a
supplemental salary payment to each professional staff member
who is entitled to a salary that is lower than the minimum
salary required under subsection (a). The supplemental salary
payment shall be in an amount equal to the difference between
the minimum salary required under subsection (a) and the lower
salary to which the professional staff member 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 salary the professional staff member received for the
immediately preceding school year.
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(d) A public school entity that makes a supplemental salary
payment under subsection (c) in any school year from 2023-2024
through 2027-2028 shall be entitled to receive the special
payment provided for under section 2594.1.
(e) An employment contract, or an agreement negotiated by a
public school entity and an employe organization under the
Public Employe Relations Act after the effective date of this
section, shall not provide for a salary 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 salary 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 an expired
contract.
(f) A public school entity that, after the effective date of
this section, for any school year from 2023-2024 through 2027-
2028, enters into an agreement or employment contract meeting
the requirements of subsection (e), or operates under a period
of status quo following the expiration of an agreement, shall be
entitled to receive the special payment provided for under
section 2594.1.
(g) For purposes of this section, the following terms shall
have the following meanings:
"Agreement" shall mean a contract or agreement between a
public employer and a public employe or employe organization
pursuant to the Public Employe Relations Act.
"Employe organization" shall have the meaning given to the
term in section 301(3) of the Public Employe Relations Act.
"Employment contract" shall mean a contract for services
between a public school entity and one or more professional
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staff members who are not members of a bargaining unit
represented by an employe organization.
"Professional staff member" shall mean:
(1) a professional employe, as defined in section 1101;
(2) a temporary professional employe, as defined in section
1101; or
(3) a substitute employe.
"Public employe" shall have the meaning given to the term in
section 301(2) of the Public Employe Relations Act.
"Public Employe Relations Act" shall mean the act of July 23,
1970 (P.L.563, No.195), known as the "Public Employe Relations
Act."
"Public employer" shall have the meaning given to the term in
section 301(1) of the Public Employe Relations Act.
"Public school entity" shall mean a school district,
intermediate unit or area career and technical school.
"Substitute employe" shall mean an individual who serves as a
substitute for a period exceeding twenty (20) days for an absent
individual professional employe or temporary professional
employe and who holds appropriate certification for the position
as provided by section 1114, including a valid and active
certification and an emergency permit or a long-term substitute
permit. The term does not include an individual who holds a day-
to-day substitute permit, unless the individual works for a
substantial period of time in the current semester and either
worked a substantial period of time in the previous semester or
has an expectation of employment for a substantial period of
time in the next semester.
Section 5. Section 2594 of the act is repealed:
[Section 2594. Special Payments on Account of Minimum Salary
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Increases.--(a) For the school year 1988-1989 and each school
year thereafter beginning before the expiration of the term of
any contract or agreement effective on or before the effective
date of this section between a public employer and a public
employe or employe organization pursuant to the act of July 23,
1970 (P.L.563, No.195), known as the "Public Employe Relations
Act," each school district, intermediate unit and area career
and technical school which elects to increase minimum salaries
pursuant to section 1142.1 shall be paid in the manner provided
in subsection (b), in addition to any other payments to which it
is entitled, a special payment to cover the cost of implementing
section 1142.1.
(b) For the school year 1988-1989, the amount paid to each
school district, intermediate unit and area career and technical
school shall be the difference between the salary paid to each
full-time teacher at the beginning of the school term 1988-1989
that is less than eighteen thousand five hundred dollars
($18,500) and an amount equal to eighteen thousand five hundred
dollars ($18,500). For the school year 1989-1990 and each school
year thereafter, the amount paid shall be the difference between
the salary payable to each full-time teacher at the beginning of
the school term under the terms of the contract or agreement in
effect on the effective date of this section which is less than
eighteen thousand five hundred dollars ($18,500) and an amount
equal to eighteen thousand five hundred dollars ($18,500). The
amount so calculated shall be paid to each qualifying school
district, intermediate unit and area career and technical school
by the Department of Education during each school year for which
each school district, intermediate unit and area career and
technical school qualifies out of the funds appropriated to the
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department for this purpose.
(c) For each school year for which a school district,
intermediate unit and area career and technical school qualifies
for a special payment under subsection (a), the entire
employer's share of contributions to the Public School Employe's
Retirement Fund and Social Security attributable to the salary
increase implemented pursuant to section 1142.1 shall be paid
for each school district, intermediate unit and area career and
technical school out of funds appropriated to the Department of
Education for such purposes.]
Section 6. The act is amended by adding a section to read:
Section 2594.1. Supplemental Reimbursements and Special
Payments on Account of Minimum Salary Increases for Professional
Staff Members.--(a) The following shall apply to a public
school entity making supplemental salary payments as provided
for under section 1142.2(c):
(1) By dates to be determined by the department, the public
school entity shall provide information specified by the
department to calculate the total cost of the supplemental
salary payments made in any school year from 2023-2024 through
2028-2029.
(2) By October 15, 2023, the department shall provide the
public school entity with a preliminary supplemental
reimbursement for the total cost of the public school entity's
supplemental salary payments made in the 2023-2024 school year,
followed by a reconciliation of actual costs for the 2023-2024
school year no later than December 31, 2024. The net reconciled
amount of the supplemental reimbursement for the 2023-2024
school year shall be paid to the public school entity in each
school year thereafter. Payment under this paragraph shall be in
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addition to any other amount payable to the public school
entity.
(3) By October 15, 2024, the department shall provide the
public school entity with a preliminary reimbursement for the
total cost of the public school entity's supplemental salary
payments made in the 2024-2025 school year, less the amount of
supplemental reimbursement paid to the public school entity in
the 2023-2024 school year, followed by a reconciliation of
actual costs for the 2024-2025 school year no later than
December 31, 2025. The net reconciled amount of the supplemental
reimbursement for the 2024-2025 school year, if greater than the
reconciled amount of the supplemental reimbursement paid under
paragraph (2), shall be paid to the public school entity in each
school year thereafter. Payment under this paragraph shall be in
addition to any other amount payable to the public school
entity.
(4) By October 15, 2025, the department shall provide the
public school entity with a preliminary reimbursement for the
total cost of the public school entity's supplemental salary
payments made in the 2025-2026 school year, less the amount of
supplemental reimbursements paid to the public school entity in
the 2023-2024 and 2024-2025 school years, followed by a
reconciliation of actual costs for the 2025-2026 school year no
later than December 31, 2026. The net reconciled amount of the
supplemental reimbursement for the 2025-2026 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraphs (2) and (3), shall be paid
to the public school entity in each school year thereafter.
Payment under this paragraph shall be in addition to any other
amount payable to the public school entity.
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(5) By October 15, 2026, the department shall provide the
public school entity with a preliminary reimbursement for the
total cost of the public school entity's supplemental salary
payments made in the 2026-2027 school year, less the amount of
supplemental reimbursements paid to the public school entity in
the 2023-2024, 2024-2025 and 2025-2026 school years, followed by
a reconciliation of actual costs for the 2026-2027 school year
no later than December 31, 2027. The net reconciled amount of
the supplemental reimbursement for the 2026-2027 school year, if
greater than the reconciled amount of the supplemental
reimbursement paid under paragraphs (2), (3) and (4), shall be
paid to the public school entity in each school year thereafter.
Payment under this paragraph shall be in addition to any other
amount payable to the public school entity.
(6) By October 15, 2027, the department shall provide the
public school entity with a preliminary reimbursement for the
total cost of the public school entity's supplemental salary
payments made in the 2027-2028 school year, less the amount of
supplemental reimbursements paid to the public school entity in
the 2023-2024, 2024-2025, 2025-2026 and 2026-2027 school years,
followed by a reconciliation of actual costs for the 2027-2028
school year no later than December 31, 2028. The net reconciled
amount of the supplemental reimbursement for the 2027-2028
school year, if greater than the reconciled amount of the
supplemental reimbursement paid under paragraphs (2), (3), (4)
and (5), shall be paid to the public school entity in each
school year thereafter. Payment under this paragraph shall be in
addition to any other amount payable to a public school entity.
(7) For a school district, the supplemental reimbursement
received for the 2023-2024 school year under paragraph (2) and
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the net amount of the supplemental reimbursements the school
district receives in each following year for the 2024-2025
through 2027-2028 school years under paragraphs (3), (4), (5)
and (6) shall be included in the school district's allocation
amount under section 2502.53(b)(1).
(b) The following shall apply when a public school entity's
professional staff members' salaries are governed by an expired
agreement during a period of status quo or by an employment
contract or agreement entered into after the effective date of
section 1142.2 in any school year from 2023-2024 through 2027-
2028:
(1) By dates determined by the department, the public school
entity shall provide the department with the information that
the department specifies as necessary to calculate the total
special payments to be made with respect to each school year
from 2023-2024 through 2027-2028. The department shall provide
preliminary special payments no later than October 15 of each
school year from 2023-2024 through 2027-2028, followed by final
reconciliation of the payments no later than December 31 of each
school year from 2024 through 2028.
(2) Where the public school entity's professional staff
members' salaries for the 2023-2024 school year are governed by
an expired agreement during a period of status quo or by a
contract or agreement entered into after the effective date of
this section, the department shall make special payments to the
public school entity for the 2023-2024 school year as follows:
(i) With respect to a professional staff member who:
(A) is employed in the 2023-2024 school year;
(B) was employed in the 2022-2023 school year; and
(C) was paid a salary of less than fifty thousand dollars
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($50,000) in the 2022-2023 school year;
the amount of the special payment shall be the difference
between the 2022-2023 salary and fifty thousand dollars
($50,000).
(ii) With respect to a professional staff member who was
newly employed in the 2023-2024 school year by a public school
entity that had a starting salary of less than fifty thousand
dollars ($50,000) in the 2022-2023 school year, the amount of
the special payment shall be the difference between the 2022-
2023 starting salary and fifty thousand dollars ($50,000).
(3) Where the public school entity's professional staff
members' salaries for the 2024-2025 school year are governed by
an expired agreement during a period of status quo or by an
employment contract or agreement entered after the effective
date of this section, the department shall make special payments
to the public school entity for the 2024-2025 school year as
follows:
(i) With respect to a professional staff member who:
(A) is employed in the 2024-2025 school year;
(B) was employed in the 2023-2024 school year; and
(C) was paid a salary of less than fifty-two thousand five
hundred dollars ($52,500) in the 2023-2024 school year;
the amount of the special payment shall be the difference
between the 2023-2024 salary and fifty-two thousand five hundred
dollars ($52,500).
(ii) With respect to a professional staff member who was
newly employed in the 2024-2025 school year by a public school
entity that had a starting salary of less than fifty-two
thousand five hundred dollars ($52,500) in the 2023-2024 school
year, the department shall pay two thousand five hundred dollars
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($2,500).
(4) Where the public school entity's professional staff
members' salaries for the 2025-2026 school year are governed by
an expired agreement during a period of status quo or by an
employment contract or agreement entered into after the
effective date of this section, the department shall make
special payments to the public school entity for the 2025-2026
school year as follows:
(i) With respect to a professional staff member who:
(A) is employed in the 2025-2026 school year;
(B) was employed in the 2024-2025 school year; and
(C) was paid a salary of less than fifty-five thousand
dollars ($55,000) in the 2024-2025 school year;
the amount of the special payment shall be the difference
between the 2024-2025 salary and fifty-five thousand dollars
($55,000).
(ii) With respect to a professional staff member who was
newly employed in the 2025-2026 school year by a public school
entity that had a starting salary of less than fifty-five
thousand dollars ($55,000) in the 2024-2025 school year, the
department shall pay two thousand five hundred dollars ($2,500).
(5) Where the public school entity's professional staff
members' salaries for the 2026-2027 school year are governed by
an expired agreement during a period of status quo or by an
employment contract or agreement entered into after the
effective date of this section, the department shall make
special payments to the public school entity for the 2026-2027
school year as follows:
(i) With respect to a professional staff member who:
(A) is employed in the 2026-2027 school year;
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(B) was employed in the 2025-2026 school year; and
(C) was paid a salary of less than fifty-seven thousand five
hundred dollars ($57,500) in the 2025-2026 school year;
the amount of the special payment shall be the difference
between the 2025-2026 salary and fifty-seven thousand five
hundred dollars ($57,500).
(ii) With respect to a professional staff member who was
newly employed in the 2026-2027 school year by a public school
entity that had a starting salary of less than fifty-seven
thousand five hundred dollars ($57,500) in the 2025-2026 school
year, the department shall pay two thousand five hundred dollars
($2,500).
(6) Where the public school entity's professional staff
members' salaries for the 2027-2028 school year are governed by
an expired agreement during a period of status quo or an
employment contract or agreement entered into after the
effective date of this section, the department shall make
special payments to the public school entity for the 2027-2028
school year as follows:
(i) With respect to a professional staff member who:
(A) is employed in the 2027-2028 school year;
(B) was employed in the 2026-2027 school year; and
(C) was paid a salary of less than sixty thousand dollars
($60,000) in the 2026-2027 school year;
the amount of the special payment shall be the difference
between the 2026-2027 salary and sixty thousand dollars
($60,000).
(ii) With respect to a professional staff member who was
newly employed in the 2027-2028 school year by a public school
entity that had a starting salary of less than sixty thousand
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dollars ($60,000) in the 2026-2027 school year, the department
shall pay two thousand five hundred dollars ($2,500).
(7) Special payments under paragraphs (2), (3), (4), (5) and
(6) shall be made with respect to a professional staff member
who was employed in the prior school year on a part-time or
partial-year basis and whose prorated prior year salary would
qualify for the special payments if the professional staff
member had been a full-time, full-year employe. The department
shall prorate the amount of the special payment based on the
amount of time the professional staff member worked during the
prior school year.
(8) The department shall continue to pay to a public school
entity the amount of special payments received under paragraphs
(1), (2), (3), (4), (5), (6) and (7) in each subsequent school
year following the payment. Payment under this subsection shall
be cumulative and in addition to any other amount payable to a
public school entity. For a school district, the total payment
received under paragraphs (1), (2), (3), (4), (5), (6) and (7)
shall be included in the school district's allocation amount
under section 2502.53(b)(1) for the 2023-2024 school year and
for each school year thereafter.
(c) Beginning in the 2023-2024 school year and each school
year thereafter, the public employer's share of contributions to
the Public School Employe's Retirement Fund and Social Security
attributable to the salary increase implemented under section
1142.2 shall be paid for each public school entity out of funds
appropriated to the department for such purpose.
(d) The department shall issue guidelines necessary for the
implementation of this section. The guidelines shall include a
process under which the department shall make preliminary
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payments to public school entities under subsections (a) and (b)
no later than October 15 of each school year from 2023-2024
through 2027-2028, followed by final reconciliation of such
payments no later than December 31 of each of school year from
2024 through 2028.
(e) For purposes of this section, the following terms shall
have the following meanings:
"Department" shall mean the Department of Education of the
Commonwealth.
"Professional staff member" shall have the meaning given the
term in section 1142.2(g).
"Public employer" shall have the meaning given the term in
section 1142.2(g).
"Public school entity" shall have the meaning given the term
in section 1142.2(g).
Section 7. This act shall take effect immediately.
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