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 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," in preliminary provisions, providing 6 for minimum wage for education support professionals and for 7 supplemental reimbursements and special payments on account 8 of minimum wage increases for education support 9 professionals; in duties and powers of boards of school 10 directors, further providing for majority vote required and 11 recording; in professional employees, further providing for 12 definitions and for duty to employ, repealing provisions 13 relating to minimum salaries for teachers and providing for 14 minimum salaries for professional staff members; and, in 15 reimbursements by Commonwealth and between school districts, 16 repealing provisions relating to special payments on account 17 of minimum salary increases and providing for supplemental 18 reimbursements and special payments on account of minimum 19 salary increases for professional staff members. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 23 as the Public School Code of 1949, is amended by adding sections 24 to read: 25 Section 130. Minimum Wage for Education Support 26 Professionals.--(a) Beginning in the 2023-2024 school year: 1 (1) An education support professional shall be paid a 2 minimum hourly wage of not less than twenty dollars ($20) per 3 hour. 4 (2) For overtime hours, an education support professional 5 shall be paid not less than one and one-half (1.5) times the 6 minimum hourly wage. 7 (3) For an education support professional paid on a salaried 8 basis, salary shall be compared to hours worked in two-week 9 periods to ensure that the education support professional is 10 paid not less than required under this section. 11 (b) This section shall not be construed to require the 12 modification, renegotiation or reopening of an agreement or 13 employment contract in effect on the effective date of this 14 section. Subject to subsection (c), the salary schedule or any 15 other terms of such agreement or employment contract are not 16 superseded nor modified by this section. 17 (c) Notwithstanding subsection (b), beginning in the 2023- 18 2024 school year and during the term of any agreement or 19 employment contract in effect on the effective date of this 20 section, through and including the 2027-2028 school year, a 21 public school entity shall make a supplemental wage payment to 22 each education support professional who is entitled to a wage 23 that is lower than the minimum wage required under subsection 24 (a). The supplemental wage payment shall be in an amount equal 25 to the product of the number of hours worked by the education 26 support professional during the school year multiplied by the 27 difference between the minimum wage required under subsection 28 (a) and the lower wage to which the education support 29 professional is entitled under the terms of the agreement or 30 employment contract in effect on the effective date of this 20230SB0856PN1009 - 2 - 1 section, which shall not be lower than the wage that the 2 education support professional received for the immediately 3 preceding school year. 4 (d) A public school entity that makes a supplemental wage 5 payment under subsection (c) in any school year from 2023-2024 6 through 2027-2028, inclusive, shall be entitled to receive the 7 supplemental reimbursement provided for under section 131. 8 (e) An employment contract, or an agreement negotiated by a 9 public school entity and an employe organization under the 10 Public Employe Relations Act after the effective date of this 11 section, shall not provide for a wage lower than provided for 12 under subsection (a). A provision in an agreement or employment 13 contract in effect on the effective date of this section that 14 provides for a wage in conflict with subsection (a) shall be 15 discontinued in a new or renewed agreement or employment 16 contract or during the period of status quo following an expired 17 contract. 18 (f) A public school entity that, after the effective date of 19 this section, enters into an agreement or employment contract 20 meeting the requirements of subsection (e) for the 2023-2024 21 school year, or that is operating under a period of status quo 22 during the 2023-2024 school year following the expiration of an 23 agreement, shall be entitled to receive the special payment 24 provided for under section 131. 25 (g) As used in this section, the following words and phrases 26 shall have the meanings given to them in this subsection unless 27 the context clearly indicates otherwise: 28 "Agreement." A contract or agreement between a public 29 employer and a public employe or employe organization under the 30 Public Employe Relations Act. 20230SB0856PN1009 - 3 - 1 "Education support professional." A person who is not a 2 professional staff member as defined in section 1142.2(g). 3 "Employe organization." The term shall have the meaning 4 given to the term in section 301(3) of the Public Employe 5 Relations Act. 6 "Employment contract." A contract for services between a 7 public school entity and one or more education support 8 professionals who are not members of a bargaining unit 9 represented by an employe organization. 10 "Minimum hourly wage." A rate of pay of twenty dollars ($20) 11 per hour. 12 "Public employe." The term shall have the meaning given to 13 the term in section 301(2) of the Public Employe Relations Act. 14 "Public Employe Relations Act." The act of July 23, 1970 15 (P.L.563, No.195), known as the "Public Employe Relations Act." 16 "Public employer." The term shall have the meaning given to 17 the term in section 301(1) of the Public Employe Relations Act. 18 "Public school entity." A school district, intermediate unit 19 or area career and technical school. 20 Section 131. Supplemental Reimbursements and Special 21 Payments on Account of Minimum Wage Increases for Education 22 Support Professionals.--(a) The following shall apply to a 23 public school entity making supplemental wage payments as 24 provided for under section 130(c): 25 (1) By dates determined by the department, the public school 26 entity shall provide information specified by the department to 27 calculate the total cost of the supplemental wage payments made 28 in the 2023-2024 school year. Thereafter, a public school entity 29 that seeks further supplemental reimbursement shall, by dates 30 determined by the department, provide information specified by 20230SB0856PN1009 - 4 - 1 the department to calculate the total cost of the supplemental 2 wage payments made in the 2024-2025 school year through the 3 2027-2028 school year. 4 (2) By October 15, 2023, the department shall provide the 5 public school entity with a preliminary supplemental 6 reimbursement for the total cost of the public school entity's 7 supplemental wage payments made in the 2023-2024 school year, 8 followed by a reconciliation of actual costs for the 2023-2024 9 school year no later than December 31, 2024. The reconciled 10 amount of the supplemental reimbursement for the 2023-2024 11 school year shall be paid to the public school entity in each 12 school year thereafter. Payment under this paragraph shall be in 13 addition to any other amount payable to the public school 14 entity. 15 (3) By October 15, 2024, the department shall provide the 16 public school entity that submitted information under paragraph 17 (1) related to supplemental wage payments made in the 2024-2025 18 school year with a preliminary supplemental reimbursement for 19 the total cost of the public school entity's supplemental wage 20 payments made in the 2023-2024 school year, followed by a 21 reconciliation of actual costs for the 2024-2025 school year no 22 later than December 31, 2025. The net reconciled amount of the 23 supplemental reimbursement for the 2024-2025 school year, if 24 greater than the reconciled amount of the supplemental 25 reimbursement paid under paragraph (2), shall be paid to the 26 public school entity in each school year thereafter. Payment 27 under this paragraph shall be in addition to any other amount 28 payable to the public school entity. 29 (4) By October 15, 2025, the department shall provide the 30 public school entity that submitted information under paragraph 20230SB0856PN1009 - 5 - 1 (1) related to supplemental wage payments made in the 2025-2026 2 school year with a preliminary supplemental reimbursement for 3 the total cost of the public school entity's supplemental wage 4 payments made in the 2025-2026 school year, followed by a 5 reconciliation of actual costs for the 2025-2026 school year no 6 later than December 31, 2026. The net, reconciled amount of the 7 supplemental reimbursement for the 2025-2026 school year, if 8 greater than the reconciled amount of the supplemental 9 reimbursement paid under paragraphs (2) and (3), shall be paid 10 to the public school entity in each school year thereafter. 11 Payment under this subsection shall be in addition to any other 12 amount payable to the public school entity. 13 (5) By October 15, 2026, the department shall provide the 14 public school entity that submitted information under paragraph 15 (1) related to supplemental wage payments made in the 2026-2027 16 school year with a preliminary supplemental reimbursement for 17 the total cost of the public school entity's supplemental wage 18 payments made in the 2026-2027 school year, followed by a 19 reconciliation of actual costs for the 2026-2027 school year no 20 later than December 31, 2027. The net reconciled amount of the 21 supplemental reimbursement for the 2026-2027 school year, if 22 greater than the reconciled amount of the supplemental 23 reimbursement paid under paragraphs (2), (3) and (4), shall be 24 paid to the public school entity in each school year thereafter. 25 Payment under this subsection shall be in addition to any other 26 amount payable to the public school entity. 27 (6) By October 15, 2027, the department shall provide the 28 public school entity that submitted information under paragraph 29 (1) related to supplemental wage payments made in the 2027-2028 30 school year with a preliminary supplemental reimbursement for 20230SB0856PN1009 - 6 - 1 the total cost of the public school entity's supplemental wage 2 payments made in the 2027-2028 school year, followed by a 3 reconciliation of actual costs for the 2027-2028 school year no 4 later than December 31, 2028. The net reconciled amount of the 5 supplemental reimbursement for the 2027-2028 school year, if 6 greater than the reconciled amount of the supplemental 7 reimbursement paid under paragraphs (2), (3), (4) and (5), shall 8 be paid to the public school entity in each school year 9 thereafter. Payment under this subsection shall be in addition 10 to any other amount payable to the public school entity. 11 (7) For a school district, the supplemental reimbursement 12 received for the 2023-2024 school year under paragraph (2) and 13 the net amount of the supplemental reimbursements the school 14 district receives in each following year for the 2024-2025 15 through 2027-2028 school years under paragraphs (3), (4), (5) 16 and (6) shall be included in the school district's allocation 17 amount under section 2502.53(b)(1). 18 (b) The following shall apply when a public school entity's 19 education support professionals' wages for the 2023-2024 school 20 year are governed by an expired agreement during a period of 21 status quo or by an employment contract or agreement entered 22 after the effective date of this section: 23 (1) By a date determined by the department, an eligible 24 public school entity shall provide the department with the 25 information the department specifies as necessary to calculate 26 the total cost of the special payment to be made with respect to 27 the 2023-2024 school year. By October 15, 2023, the department 28 shall provide a preliminary special payment for the 2023-2024 29 school year, followed by a final reconciliation of the actual 30 cost of the special payment for the 2023-2024 school year no 20230SB0856PN1009 - 7 - 1 later than December 31, 2024. 2 (2) With respect to any education support professional who: 3 (i) is employed in the 2023-2024 school year; 4 (ii) was employed in the 2022-2023 school year; and 5 (iii) was paid a wage in the 2022-2023 school year that was 6 lower than the wage required under section 130(a); 7 the amount of the special payment under paragraph (1) shall be 8 equal to the product of the number of hours worked in the 2023- 9 2024 school year multiplied by the difference between the 2022- 10 2023 wage and the minimum hourly wage required under section 11 130(a). For an educational support professional who was newly 12 employed in the 2023-2024 school year, the department shall pay 13 the difference between the starting hourly wage in 2022-2023 and 14 the minimum hourly wage under section 130(a), multiplied by the 15 number of hours worked in the 2023-2024 school year. 16 (3) The department shall continue to pay to a public school 17 entity the amount of any special payment received under 18 paragraphs (1) and (2) in each subsequent school year following 19 the initial payment. Payment under this subsection shall be in 20 addition to any other amount payable to a public school entity. 21 For a school district, the amount of the payment shall be 22 included in the school district's allocation amount under 23 section 2502.53(b)(1). 24 (c) Beginning in the 2023-2024 school year and each school 25 year thereafter, the public employer's share of contributions to 26 the Public School Employe's Retirement Fund and Social Security 27 attributable to the wage increase implemented under section 130 28 and this section shall be paid for the public school entity out 29 of funds appropriated to the department for such purpose. 30 (d) The department shall issue guidelines necessary for the 20230SB0856PN1009 - 8 - 1 implementation of this section. The guidelines shall include a 2 process in which the department shall make preliminary payment 3 to a public school entity under subsections (a) and (b) no later 4 than October 15 of each school year from 2023-2024 through 2027- 5 2028, followed by final reconciliation of such payments no later 6 than December 31 of each year from 2024 through 2028. 7 (e) Notwithstanding subsections (a) and (b), if a public 8 school entity enters into a contract for noninstructional 9 services with a third party under section 528 after the 10 effective date of section 130, the public school entity shall 11 permanently forfeit an amount equal to the product of the sum of 12 the supplemental reimbursement and special payment received by 13 the public school entity under subsections (a) and (b), 14 multiplied by the number of public school employe positions 15 eliminated due to the public school entity's decision to enter 16 into the contract with a third party under section 528. The 17 amount forfeited shall be determined by the department. In the 18 case of a school district, the amount forfeited shall be 19 permanently removed from the school district's allocation amount 20 under section 2502.53(b)(1). 21 (f) The words and phrases used in this section shall have 22 the meanings given to them in section 130. 23 Section 2. Sections 508, 1101(1) and 1106 of the act are 24 amended to read: 25 Section 508. Majority Vote Required; Recording.--(a) The 26 affirmative vote of a majority of all the members of the board 27 of school directors in every school district, duly recorded, 28 showing how each member voted, shall be required in order to 29 take action on the following subjects:-- 30 Fixing length of school term. 20230SB0856PN1009 - 9 - 1 Adopting textbooks. 2 Appointing or dismissing district superintendents, assistant 3 district superintendents, associate superintendents, principals, 4 and teachers. 5 Appointing tax collectors and other appointees. 6 Adopting the annual budget. 7 Levying and assessing taxes. 8 Purchasing, selling, or condemning land. 9 Locating new buildings or changing the locations of old ones. 10 Dismissing a teacher after a hearing. 11 Creating or increasing any indebtedness. 12 Adopting courses of study. 13 Establishing additional schools or departments.