PRINTER'S NO. 1467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1331
Session of
2023
INTRODUCED BY OTTEN, CURRY, SCHWEYER, MADDEN, HOWARD, KINSEY,
KAZEEM, HILL-EVANS, SCHLOSSBERG, SHUSTERMAN, FLEMING,
SANCHEZ, PROBST, CEPEDA-FREYTIZ, DELLOSO, KHAN, SCOTT AND
HOHENSTEIN, JUNE 6, 2023
REFERRED TO COMMITTEE ON EDUCATION, JUNE 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 public job posting database, for instructional vacancy
data and for data transparency; and establishing the Educator
Pipeline Support Grant Program.
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. Public Job Posting Database.--(a) The
department shall establish and maintain a public database for
school entities or nonpublic schools to voluntarily advertise
employe vacancies on the department's publicly accessible
Internet website. The database shall, at a minimum:
(1) Allow a school entity or nonpublic school to post in
real time an employe vacancy. The department shall determine
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information to be required as part of a posting.
(2) Provide for a time-limited expiration of a posting made
by a school entity or nonpublic school.
(3) Be searchable by, at a minimum, county, intermediate
unit, school entity, grade level, employe type and academic
content area.
(4) Be made available at no cost to a school entity,
nonpublic school or prospective employe.
(b) A school entity or nonpublic school may submit a posting
to the database established under subsection (a) for an open
position or an anticipated open position.
(c) The department may contract with a third party to
operate the database established under subsection (a).
(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:
"Department." The Department of Education of the
Commonwealth.
"Employe." The following:
(1) A "professional employe" as defined in section 1101(1).
(2) A paraprofessional or educational interpreter as
described under 22 Pa. Code § 14.105 (relating to personnel).
(3) Any other employe in a school entity or nonpublic school
as determined by the department.
"Nonpublic school." As defined in section 923.3-A(b).
"School entity." A school district, charter school, regional
charter school, intermediate unit or area career and technical
school operating within this Commonwealth.
Section 131. Instructional Vacancy Data.--(a) The
department shall require a school entity to submit certain
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information relating to instructional vacancies, including, at a
minimum, the number of instructional vacancies, the number of
emergency permits utilized by a school entity and the number of
positions occupied by long-term substitutes. The department
shall determine the form and manner in which the information is
to be submitted by a school entity. To the best extent possible,
the department shall utilize existing reporting methods to
collect this data. By August 31, 2023, and each August 31
thereafter, each school entity shall report the following to the
department:
(1) The total budgeted complement of instructional employes
for that fiscal year and vacancies included in the final adopted
budget of a board of school directors.
(2) The quarterly average number of instructional employe
vacancies the school entity had during the school year.
(b) The department shall maintain the information collected
under subsection (a) on its publicly accessible Internet
website.
(c) 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:
"Department." The Department of Education of the
Commonwealth.
"School entity." A school district, charter school, regional
charter school, intermediate unit or area career and technical
school operating within this Commonwealth.
Section 132. Data Transparency.--(a) To the extent that
funding is made available, no later than December 31 of each
year, the department shall post on its publicly accessible
Internet website data related to the educator workforce in this
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Commonwealth that allows members of the public to view,
disaggregate and manipulate the following data if collected by
the department:
(1) Educator supply data, including educator preparation
provider enrollment and completion data and education
professional certificates issued by the department,
disaggregated by categories, including program, certification
area and demographic information.
(2) Educator demand data, including current educator
workforce numbers, unfilled positions and rates, new hires and
emergency permits or out-of-field educators, disaggregated by
categories, including school entity, school, specific
assignment, certification area, type of emergency permit and
demographic information.
(3) Educator preparation program outcomes data, including
data on percentage of program enrollees who:
(i) Complete the program.
(ii) Pass the certification test on the first time and
overall.
(iii) Receive certification.
(iv) Are employed by a school entity in years one through
five.
(v) Are retained by a school entity in years one through
five.
(4) Educator retention at one-year, three-year and five-year
rates, disaggregated by categories, including school entity,
school, specific assignment, certification area, type of
emergency permit and demographic information.
(b) The department may contract with an outside organization
to meet the requirements of this section.
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(c) No later than December 15, 2023, and each December 15
thereafter, the department, in consultation with the Department
of Labor and Industry, shall issue a report to the Governor and
General Assembly on the educator workforce in this Commonwealth.
The report shall be posted on the department's publicly
accessible Internet website. The report shall include
information on:
(1) Trends in educator supply and educator preparation
provider effectiveness, including recommendations for attracting
more high-quality and diverse teacher candidates and improving
the quality of educator preparation in this Commonwealth.
(2) The educator positions, by certification area, in high
demand in this Commonwealth and the location of existing
vacancies by school entity.
(3) Projections of shortage areas and subjects in the
upcoming three to five years and recommendations for addressing
these shortages.
(4) Overall and disaggregated trends in educator retention,
including recommendations for improving retention.
(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 :
"Department." The Department of Education of the
Commonwealth.
"School entity." A school district, cyber charter school,
charter school, regional charter school, area career and
technical school or intermediate unit.
Section 2. The act is amended by adding an article to read:
ARTICLE XII-B
EDUCATOR PIPELINE SUPPORT GRANT PROGRAM
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Section 1201-B. Scope of article.
This article relates to educator workforce.
Section 1202-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Approved educator preparation program." A sequence of
courses and experiences offered by an institution of higher
education that is reviewed and approved by the department.
"Cooperating teacher." An individual who satisfies all of
the following:
(1) Holds a certification under section 1201 in the
subject area in which the individual will be providing
guidance to the student teacher.
(2) Has received at least three years of satisfactory
ratings as a certified teacher.
(3) Has at least one year of certificated teaching
experience in the school entity where the student teacher is
placed.
"Department." The Department of Education of the
Commonwealth.
"Institution of higher education." A college or university
that offers a program approved by the department to prepare
professional personnel for employment in a school entity in
accordance with 22 Pa. Code Ch. 49 (relating to certification of
professional personnel).
"Nonpublic school." As defined in section 923.3-A(b).
"Program." The Educator Pipeline Support Grant Program
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established under section 1203-B.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, regional charter
school or cyber charter school operating within this
Commonwealth.
"Student teacher." An individual participating in a
classroom teaching experience who, as part of an approved
educator preparation program for the initial or advanced
preparation of professional educators, performs classroom
teaching or assists in a school entity's or nonpublic school's
education program under the supervision of a cooperating
teacher.
Section 1203-B. Program establishment and duties of agency.
(a) Establishment.--The Educator Pipeline Support Grant
Program is established within the agency.
(b) Duties.-- The agency, in consultation with the
department, shall administer the program and, in the agency's
sole discretion, award a grant to an individual who submits a
completed application and satisfies the eligibility requirements
under section 1204-B.
(c) Application.--No later than 120 days after the effective
date of this subsection, the agency shall develop and make
available an application form that an individual who is seeking
placement as a student teacher may use to apply for a grant
under the program.
(d) (Reserved).
(e) Grant amount.--
(1) A student teacher shall receive a minimum grant of
$10,000.
(2) A payment received by an individual under this
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article shall not be included in classes of income under
section 303 of the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971.
(f) Additional grant amount for certain areas.--
(1) An eligible student teacher who completes required
student teaching in a school entity in an area of this
Commonwealth that attracts few student teachers or that has a
high rate of open teaching positions shall, in addition to
the amount awarded under subsection (e)(1), receive a minimum
grant amount of $5,000. The agency, in consultation with the
department, shall utilize data from the department to
determine the areas identified in this paragraph.
(2) For the purposes of computing the tax under Article
III of the Tax Reform Code of 1971, the classes of income
under section 303 of the Tax Reform Code of 1971 shall not
include a payment received by an individual under this
article.
(g) Funding.--
(1) The agency shall use money appropriated for the
purpose of the program and may accept funding from public and
private sources, including the Federal Government, for the
payment of grants under this section.
(2) If the agency determines that the demand for the
program exceeds the available resources, the agency may
request additional funding as part of the agency's budget
request for the next fiscal year in accordance with section
610 of the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929.
(h) Additional duties.--When the agency awards a grant to a
student teacher under this article, the agency shall also award
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a grant payment to the student teacher's cooperating teacher.
The cooperating teacher shall receive a minimum gra nt of $2,500 .
The agency may reduce the grant award amount to a cooperating
teacher if the cooperating teacher receives compensation from an
institution of higher education for serving as a cooperating
teacher. An institution of higher education may not charge a
student teacher for the cost of paying a cooperating teacher.
(i) Dissemination of information.--The agency shall annually
provide information about the program on the department's
publicly accessible Internet website and to all approved
educator preparation programs and public and nonpublic secondary
schools. An approved educator preparation program shall annually
disseminate information about the program, including information
identifying the school entities that qualify the student for an
additional grant award amount under section 1203-B(f).
(j) Payment.--The agency shall establish a method for paying
grant awards under the program to a school entity or nonpublic
school. The school entity or nonpublic school shall use all of
the money received under the program for payment to student
teachers and c ooperating teachers as required by this section
and the agency.
(k) Administrative fee.--The agency may take a reasonable
administrative fee for direct costs associated with the
implementation, administration and servicing of the program. The
fee shall be taken from the funding received under subsection
(g) and may not exceed 5%.
Section 1204-B. Eligibility.
(a) Eligibility.--For an individual to be eligible for a
grant under the program, the individual shall meet all of the
following:
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(1) Be currently enrolled in an institution of higher
education located in this Commonwealth.
(2) Be currently enrolled in an approved educator
preparation program.
(3) Meet the minimum grade point average established
under 22 Pa. Code § 354.24 (relating to academic
performance).
(4) Be placed in a position as a student teacher at a
school entity or nonpublic school located in this
Commonwealth.
(5) Have obtained the necessary clearances required
under section 111 and 23 Pa.C.S. § 6344(a.1) (relating to
employees having contact with children; adoptive and foster
parents).
(6) Agree to work as a teacher at a school entity or
nonpublic school in this Commonwealth for a period of no less
than three years, unless the agency determines that there are
extenuating circumstances.
(b) Construction.--Nothing in this section shall be deemed
to create a right of an individual to receive a grant under the
program.
(c) Limitation.--An individual may not receive more than one
grant from the agency under the program.
Section 1205-B. Report.
(a) General rule.--The agency shall prepare and submit to
the Governor, the Secretary of Education and the General
Assembly no later than December 31, 2024, and each December 31
thereafter, to the extent that funds are available, a report
detailing the operation of the program. The report shall, at a
minimum, include:
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(1) The number of applicants.
(2) The number of applicants who received a grant under
the program.
(3) The number of applicants who received an additional
award under section 1203-B(f).
(4) A list of school entities or nonpublic schools where
an applicant served as a student teacher.
(5) A list of approved educator preparation programs
where applicants who were awarded a grant were enrolled.
(6) A list of school entities where grantees are
employed following certification.
(7) The number of applicants who did not fulfill the
requirements under section 1204-B(a)(6).
(8) Any other information the agency determines.
(b) Coordination.--The department and the Department of
Labor and Industry shall assist the agency by providing
necessary data to determine outcomes related to the program.
Section 1206-B. Data collection.
(a) Student teaching placement data.--The department shall
maintain a database of student teaching opportunities for the
upcoming school year. The following shall apply to the database:
(1) A school entity or nonpublic school who is
interested in hosting a student teacher may submit to the
department the number of student teachers the school entity
or nonpublic school is seeking for the upcoming school year.
If a school entity's or nonpublic school's request for
student teachers from the previous school year was not
fulfilled, the school entity or nonpublic school may report
the shortage of requested student teachers.
(2) Each approved educator preparation program shall
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submit to the department the number of student teachers
placed by the approved educator preparation program in the
previous school year. If the approved educator preparation
program had more requests for student teachers than available
student teachers, the approved educator preparation program
shall report the shortage of available student teachers to
the department.
(3) No later than July 31, 2023, and each July 31
thereafter, each approved educator preparation program shall
report:
(i) The number of agreements between approved
educator preparation programs and school entities or
nonpublic schools for the purpose of placing student
teachers.
(ii) The name of each school entity or nonpublic
school with which an approved educator preparation
program entered into an agreement.
(iii) The number of student teachers placed in the
previous year by an approved educator preparation program
and the school entity or nonpublic school at which the
student teacher was placed.
(b) (Reserved).
Section 1207-B. Miscellaneous provisions.
(a) Institutions of higher education.--Within one year of
the effective date of this section, if an institution of higher
education requires a student enrolled in an approved educator
preparation program to take a class or seminar as part of the
student teaching experience while the student is participating
in a student teaching program, the institution of higher
education shall provide the student with the ability to
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participate in the class or seminar by virtual means.
(b) Credit.--If a student teacher receives a stipend, an
approved educator preparation program may not prohibit the
student teacher from receiving academic credit for participating
in a student teacher experience if the student teacher
successfully completes the student teaching experience.
Section 3. This act shall take effect immediately.
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