Many of Pennsylvania's public schools employ highly trained professionals in a wide range of specialized fields that are essential to meeting students' academic, behavioral, social, emotional, and physical needs. Yet many of these professionals are not recognized under the Public School Code's definition of "professional employe."

That definition was enacted in 1971, more than fifty years ago, and no longer reflects the composition of today's public school workforce. Numerous professional positions that are now integral to serving students either were not commonly employed in Pennsylvania public schools or were not contemplated by the statutory definition when it was enacted.

As a result, many licensed and certified professionals are excluded from the statutory definition of "professional employe," despite serving in professional bargaining units and being subject to the same standards, responsibilities, and expectations as their colleagues. Although many school entities voluntarily extend Article XI rights and protections, such as realignment rights, sabbatical leave, transfer rights, and other statutory benefits, to these employees, those protections are not guaranteed under current law.

This legislation modernizes the Public School Code by expanding the definition of "professional employe" to include:
  Certified non-teaching professionals who are not currently identified in statute; and
  Licensed professionals whom the Pennsylvania Department of Education has determined do not require PDE certification because they are qualified through another state or nationally recognized professional license or credential. For these professions, PDE has recognized that state licensure or other nationally recognized credentials provide the appropriate qualification for employment in Pennsylvania public schools.
Administrative personnel are excluded from this legislation.

Examples of professionals who are not currently included in the statutory definition include:
- School Social Workers
- Occupational Therapists
- Physical Therapists
- Behavior Analysts
- Orientation and Mobility Specialists
- School Speech and Language Pathologists
- School Psychologists
- Instructional Technology Specialists
- Licensed Professional Counselors

Where PDE certification does not exist, these professionals are regulated by their respective state licensing boards. They are recognized as "professional employes" under Act 195 and are considered professionals in every other legal context. The Public School Code is the lone exception.

This legislation simply updates an outdated statutory definition to reflect today's public school workforce. It provides consistent recognition and protections for professionals who already serve Pennsylvania's students every day and ensures that similarly situated professionals are treated consistently under the law. By modernizing a definition that has remained unchanged for more than half a century, this legislation supports public school entities in recruiting and retaining the highly qualified professionals our students deserve.

Please join us in co-sponsoring this legislation.