By Michael W. Lewis

December 20, 2023

On December 14, Pennsylvania Governor Josh Shapiro signed House Bill 1507 into law, which amends Sections 130(a)(1) and 130(a)(2) of the School Code. The amendment is intended to provide increased flexibility for school districts, intermediate units, and career and technical centers in scheduling instructional time and to allow for increased individualized education, student support, and more focused workforce development. The changes are effective immediately.

Previously, the School Code required all public kindergartens, elementary and secondary schools to be open for at least 180 days, and students at the elementary level to be provided with 900 instructional hours, and those at the secondary level to receive 990 hours each school year. School entities will now be permitted to provide 180 days OR 900/990 hours of instruction per year.

In a Memorandum issued by Representative Jesse Topper on June 20, 2023, he noted that the current method of providing instruction to students is outdated and that Pennsylvania is one of only 18 states that require both a day and an hour requirement. The amended statutory language will offer an opportunity for schedule customization, student learning flexibility, and school calendar development aligned with the specific needs of the local community, schools, and students.

The Memorandum further suggests that implementation of the new language will provide additional assistance to students with Individualized Education Plans (IEPs) or English as a Second Language (ESL) needs, and those who wish to engage in career-preparation engagements such as apprenticeships and internships. The new legislation will also provide for more accurate tracking of remote learning by monitoring hours, not days, for full-time remote learners.

Implementation of the Act shall not be construed to preempt or impact provisions of any Collective Bargaining Agreement (CBA) between the school entity and its bargaining unit. As such, language in an existing CBA supersedes the implementation of scheduling changes, absent a memorandum of understanding between or negotiation of a successor agreement incorporating the changes.

Should you have any questions regarding the impact of this bill, please do not hesitate to contact any of the attorneys in the Appel, Yost & Zee Education Law Group.