As the Door Slams Shut on 2020, Schools Face Act 13 Mandate Waiver Deadline by William J. Zee

Act 13 of 2020 provides school entities with an opportunity to address staffing needs, instructional programming, and operational changes that impacted the 2019-20 school year as a result of the Pandemic. Schools may request a waiver from the Pennsylvania Department of Education (PDE) of certain Pennsylvania School Code provisions.

The waiver application must identify the specific state statute or regulation at issue, and must be approved by the entity’s school board. A copy of the school board approval must accompany the application.

Schools cannot request waivers of the following: School Code provisions: (1) section 528 (relating to school entity contracts with third parties), and (2) sections 1124 and 1125.1 (relating to professional employee furloughs); existing collective bargaining agreements, other contracts, or court orders; and state and federal statutes or regulations.

The deadline to submit the waiver application to PDE is January 4, 2021.

Should you have questions about the Act 13 waiver, or any other issue impacting schools, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education group.