HB 1392 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in duties and powers of boards of school directors, repealing provisions relating to third-party services; and, in terms and courses of study, further providing for pandemic of 2020.

PRINTER'S NO.   1587

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1392
                                               Session of
                                                 2025

     INTRODUCED BY GAYDOS AND ZIMMERMAN, MAY 5, 2025

     REFERRED TO COMMITTEE ON EDUCATION, MAY 5, 2025


                                    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 duties and powers of boards of
 6      school directors, repealing provisions relating to third-
 7      party services; and, in terms and courses of study, further
 8      providing for pandemic of 2020.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 528 of the act of March 10, 1949 (P.L.30,
12   No.14), known as the Public School Code of 1949, is repealed:
13      [Section 528.    Third-Party Services.--(a)   In addition to the
14   requirements of any other law or regulation, a school employer
15   shall not enter into a contract with a third party for non-
16   instructional services unless the following conditions are met:
17      (1)   The school employer shall solicit applications from
18   third parties.
19      (2)   The school employer's solicitation shall require each
20   third party to provide in the application:
21      (i)   A minimum three-year cost projection to the school
 1   employer, using generally accepted accounting principles.
 2      (ii)    Information concerning any violation of Federal or
 3   State law or regulation by the third party, composite
 4   information about the criminal and disciplinary records of
 5   current employes of the third party who may perform the non-
 6   instructional services and information concerning any traffic
 7   violation or chargeable accident that occurred during the course
 8   of employment by an individual employe of the third party.
 9      (iii)    Any additional information that the school employer
10   deems appropriate.
11      (3)    The school employer shall conduct a minimum of one
12   public hearing prior to a regularly scheduled board meeting to
13   present to the public the selected proposal of a third party to
14   perform the non-instructional services and to receive public
15   comment. The school employer shall provide notice to the public
16   of the date, time and location of the first public hearing:
17      (i)    on or before the initial date that bids to provide the
18   non-instructional services are solicited; or
19      (ii)    a minimum of thirty (30) days prior to the public board
20   meeting, whichever provides a greater period of notice.
21      (b)    For a school employe whose employment is terminated due
22   to a third party entering into a contract with the school
23   employer for non-instructional services and who seeks employment
24   from the third party during the effective date of the contract,
25   the following shall apply:
26      (1)    The third party shall give consideration to the school
27   employe, which shall include an interview, when hiring any new
28   employe for the same or a substantially similar position which
29   the school employe held with the school employer.
30      (2)    If requested by the third party, the school employer

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 1   shall provide to the third party information regarding the
 2   performance and employment duties of the school employe.
 3      (c)   Nothing in this section shall be construed to:
 4      (1)   Supersede 7 CFR Pt. 210 (relating to National School
 5   Lunch Program) where applicable.
 6      (2)   Supersede or preempt the rights, remedies and procedures
 7   afforded to school employes or labor organizations under Federal
 8   or State law, including the act of July 23, 1970 (P.L.563,
 9   No.195), known as the "Public Employe Relations Act," or any
10   provision of a collective bargaining agreement negotiated
11   between a school employer and an exclusive representative of the
12   employes in accordance with that act.
13      (d)   As used in this section, the following words and phrases
14   shall have the meanings given to them in this subsection unless
15   the context clearly indicates otherwise:
16      "Non-instructional services" shall mean services provided by
17   a school employee whose terms and conditions of employment are
18   governed by a collective bargaining agreement negotiated between
19   the school employer and the exclusive representative of the
20   employe and excluding services provided by a professional
21   employe, a substitute or a temporary professional employe as
22   those terms are defined under section 1101.
23      "School employer" shall mean a board of school directors, an
24   intermediate unit board of directors or an area career and
25   technical board of directors.
26      "Third party" shall mean a for-profit service provider,
27   including a business or corporation, that contracts with a
28   school employer to provide non-instructional services. The term
29   shall not include an individual.]
30      Section 2.   Section 1501.8(f) of the act is amended to read:

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 1      Section 1501.8.   Pandemic of 2020.--* * *
 2      (f)   The governing body of a school entity may apply to the
 3   Secretary of Education for a waiver, in the form and manner
 4   prescribed by the Secretary of Education, of any provision of
 5   this act, the regulation of the State Board of Education or the
 6   standards of the Department of Education, excluding sections
 7   [528,] 1124 and 1125.1, if the waiver is directly related to the
 8   school entity's staffing needs or impacts the school entity's
 9   instructional program or operations as a result of the pandemic
10   of 2020. The Secretary of Education shall have 30 days from the
11   receipt of the application to approve or disapprove the
12   request. The Secretary of Education's determination related to a
13   waiver request under this subsection shall not be appealable
14   under 2 Pa.C.S. (relating to administrative law and procedure).
15      * * *
16      Section 3.   This act shall take effect in 60 days.




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