HB 1919 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for student-related injury leave.

PRINTER'S NO.    2547

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1919
                                               Session of
                                                 2025

     INTRODUCED BY MEHAFFIE, FRIEL, CIRESI, CURRY, DOUGHERTY,
        FLEMING, HARKINS, MATZIE, MAYES, McNEILL, NEILSON, PIELLI,
        PROBST, PROKOPIAK, RIVERA, SANCHEZ AND D. WILLIAMS,
        OCTOBER 29, 2025

     REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 29, 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 preliminary provisions, providing
 6      for student-related injury leave.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 135.    Student-related Injury Leave.--(a)   When a
13   public school employe is rendered unable to perform his or her
14   duties of employment by reason of injury inflicted by a student,
15   or by a student's parent or guardian, in the course of public
16   school employment, the governing body of the public school shall
17   grant the public school employe student-related injury leave,
18   under which the following shall apply:
19      (1)   For a period beginning on the first date on which the
 1   public school employe is unable to perform the employe's duties
 2   and continuing until the public school employe resumes
 3   performance of the employe's duties or until the date that is
 4   one year following the employe's injury, whichever is earlier,
 5   the public school shall pay the public school employe the
 6   employe's full salary and maintain the employe's benefits in the
 7   manner provided for under the agreement or employment contract
 8   applicable to the employe. During the period of student-related
 9   injury leave under this section, the public school employe shall
10   be considered to be in daily attendance in the position from
11   which the student-related injury leave was taken for purposes of
12   the employe's length of service, right to receive increments and
13   any other status, rights or benefits afforded by Article XI or
14   an applicable agreement or employment contract.
15      (2)    (i)   Within fifteen (15) days of the beginning of an
16   employe's student-related injury leave under this section, the
17   employe shall provide the public school with documentation from
18   the employe's licensed medical provider stating:
19      (A)    the reason the employe is unable to perform his or her
20   duties; and
21      (B)    the length of time the employe's condition is expected
22   to continue.
23      (ii)     The period of leave may be extended up to the date that
24   is one year following the date of the employe's injury if the
25   employe provides updated documentation from a licensed medical
26   provider.
27      (3)    An employe to which this section applies shall continue
28   to accrue sick leave and other paid leave that the employe may
29   be entitled to accrue under the agreement or employment contract
30   applicable to the employe and shall not be required to apply any

20250HB1919PN2547                    - 2 -
 1   accumulated sick leave or other paid leave to the period of
 2   student-related injury leave.
 3         (4)    (i)   For purposes of the Public School Employees'
 4   Retirement Code under 24 Pa.C.S. Pt. IV (relating to retirement
 5   for school employees), a public school employe shall receive
 6   full credit for the duration of the leave period if the employe
 7   is:
 8         (A)    a member of the system; and
 9         (B)    provided student-related injury leave under subsection
10   (a)(1).
11         (ii)    Student-related injury leave provided under subsection
12   (a)(1) shall be treated as an approved leave of absence under 24
13   Pa.C.S. § 8302(b) (relating to credited school service), except
14   that 24 Pa.C.S. § 8302(b)(1) shall not apply.
15         (5)    (i)   Any amounts received or collected during a period
16   of leave granted under paragraph (1) by the public school
17   employe under the act of June 2, 1915 (P.L.736, No.338), known
18   as the "Workers' Compensation Act," shall be turned over to the
19   public school.
20         (ii)    If the public school employe does not turn over the
21   amounts as required under subparagraph (i), the amounts shall be
22   deducted from any salary then or thereafter due to the public
23   school employe.
24         (iii)    For purposes of this paragraph, any amount received in
25   payment of medical expenses is excluded.
26         (6)    For any public school employe receiving salary or
27   benefits pursuant to this section, the statutes of limitations
28   specified in sections 306.1, 315, 413 and 434 of the "Workers'
29   Compensation Act," shall not begin to run until the expiration
30   of the receipt of salary and or benefits under this section.

20250HB1919PN2547                       - 3 -
 1      (b)   Nothing in this section shall supersede or preempt any
 2   provision of:
 3      (1)   a collective bargaining agreement between a public
 4   school and an employe organization; or
 5      (2)   the rights of an employe organization under the Public
 6   Employe Relations Act.
 7      (c)   As used in this section, the following words and phrases
 8   shall have the following meanings given to them in this
 9   subsection unless the context clearly indicates otherwise:
10      "Agreement."   A contract or agreement between a public school
11   and an employe organization under the Public Employe Relations
12   Act.
13      "Employe organization."     Shall have the same meaning given in
14   section 301(3) of the Public Employe Relations Act.
15      "Employment contract."     A contract for services between a
16   public school and one or more public school employes who are not
17   members of a bargaining unit represented by an employe
18   organization.
19      "Governing body."     The board of school directors of a school
20   district or the governing entity of any other public school.
21      "Injury inflicted by a student, or by a student's parent or
22   guardian" or "student-related injury." Shall mean:
23      (1)   an injury caused by a student or a student's parent or
24   guardian;
25      (2)   an injury that would not have occurred but for the
26   actions of the student or student's parent or guardian; or
27      (3)   a disease or infection that naturally results from an
28   injury caused under paragraph (1) or (2) or is aggravated,
29   reactivated or accelerated by the injury.
30      "Public Employe Relations Act."      The act of July 23, 1970

20250HB1919PN2547                    - 4 -
 1   (P.L.563, No.195), known as the "Public Employe Relations Act."
 2      "Public school."   As follows:
 3      (1)   a school district;
 4      (2)   an area career and technical school;
 5      (3)   an intermediate unit;
 6      (4)   a charter school;
 7      (5)   a regional charter school; or
 8      (6)   a cyber charter school.
 9      "Public school employe."    An individual employed by a public
10   school or employed by an independent contractor and assigned to
11   work in a public school.
12      "System."    The term shall have the same meaning given to it
13   in 24 Pa.C.S. § 8102 (relating to definitions).
14      Section 2.   This act shall take effect in 60 days.




20250HB1919PN2547                     - 5 -