Governor Wolf Signs Bill Aimed at Supporting Schools Amidst Staffing Dilemma

By William J. Zee & Megan E. Bomba

January 7, 2022

On December 17, 2021, Governor Tom Wolf signed legislation that aims to address Pennsylvania’s substitute teacher shortage. Due to the COVID-19 pandemic and ever-increasing number of cases in the Commonwealth, schools have been forced to combine or close classrooms and offer virtual instruction in the place of in-person learning.

Act 91 of 2021 enables local educational agencies (LEA) to expand the pool of eligible individuals who may serve as substitute teachers and education professionals. Upon enactment of the new law, Wolf stated, “I am proud to sign this legislation which allows schools the short-term flexibility to ensure children can safely learn in-person where we know is best for them and their futures.”

The new law allows LEAs to staff classrooms with retired educators, teachers with inactive certificates, soon-to-be-college graduates, and student-teachers as substitutes during the 2021-2022 and 2022-2023 school years. Previously, there were limits to drawing on these individuals as substitutes, but Act 91 will effectively lift restrictions and offer greater flexibility within the former parameters such as number of days of service.

In addition, Act 91 launches a pilot program which allows individuals who are 25 years-of-age or older who have completed 60 college credits, as well as paraprofessionals with at least three years of experience to fill in for teachers as “classroom monitors.” These classroom monitors are not authorized to provide direct instruction to students, grade assignments or assign student work, but may offer oversight for classrooms that need coverage. The pilot program will expire June 30, 2023.

Should you have any questions about Act 91 or any other questions regarding staffing issues, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education Law Group.