November Legislative Update

STUDENTS NOW CHARGED WITH A SUMMARY OFFENSE IF FOUND WITH TOBACCO PRODUCTS ON SCHOOL PROPERTY

Act 93 of 2019, also known as House Bill 97, was signed into law on November 27.  Any pupil found on school property or school buses/vehicles with any type of tobacco product will be charged with a summary offense.  Tobacco products include all those that are smoked, chewed, and vaped.

LEGISLATION REQUIRES JANUS RIGHTS NOTIFICATION

House Bill 785 looked like it might get some recent legislative action, but was then put on hold for future consideration.  Under the bill, school districts and school entities would be required to notify nonunion members and new teachers in writing that there is no statutory obligation to make payments to the union or exclusive bargaining unit.  HB 785 also formally removes the current Fair Share Fee law from state statute. This was made illegal by the June 2018 Janus U.S. Supreme Court ruling.

This legislation is vital so that educators are made aware of their free speech rights.  The Pennsylvania teachers’ unions have inserted illegal Fair Share Fee clauses into 12 new contracts since the Janus Ruling.   Even though nonunion members are not being charged, these actions violate the spirit of the Janus ruling and creates confusion among those who may not be aware of their rights.  It appears that these unions wish to deceive educators into assuming that a law exists when, in fact, it does not. This shows dishonesty and reflects poorly on the teacher unions that not only let current Fair Share Fee clauses remain in newly bargained contracts, but also insert fee clauses into contracts where none existed before.

PASmart ONLINE CAREER RESOURCE CENTER BECOMES LAW

Governor Wolf recently signed into law Act 76 of 2019, which offers a variety of new career and technical education and workforce development programs.  Some of the provisions of the new law include the creation of:

  • The PASmart Online Career Resource Center, which is a website that consolidates Pennsylvania’s education, training, and job search tools for people pursuing an education or career in the Commonwealth.
  • The Commission for Agricultural Education Excellence
  • The School-to-Work Program
  • The requirement for school districts and entities to allow representatives, at least once per year, the opportunity to provide students in grades 4-12 information regarding employment, education, training, and career opportunities.

CAREER TECHNICAL EDUCATION CERTIFICATIONS ON HIGH SCHOOL TRANSCRIPTS

The House unanimously approved House Bill 1315, which would require Career and Technical Education certifications to be placed in student’s high school transcripts.  If HB 1315 becomes law, beginning the 2020-2021 school year, acquired certifications such as the National Occupational Competency Testing Institute (NOCTI) or the Association for Career and Technical Education (ACTE) test as well as certifications earned through a Career or Technical School, will be placed as recognized credentials on student’s transcripts.

PERSONAL FINANCE COURSE CAN BE USED FOR GRADUATION CREDIT & SCHOOL POLICE NOW HAVE ARRESTING AUTHORITY

Act 91 of 2019 was signed into law on November 27, 2019.  Under the new law, beginning the 2020-2021 school year, students who successfully complete a course in personal finance during grades 9-12 are permitted to apply up to one credit to satisfy the student’s social studies, family and consumer science, mathematics or business education credit requirement for graduation.  School districts have the final determination as to which course of study the credit shall be applied.

During the legislative process, Act 91 was amended to include a provision that allows school police officers employed by a school district or school entity, to exercise the same powers (such as arrest) as those under the authority of the law or ordinance by the police in which the school property is located.

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