HB 777 — 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 minimum hourly wage or living wage for education support professionals; in duties and powers of boards of school directors, further providing for majority vote required and recording; and imposing duties on the Department of Labor and Industry.

PRINTER'S NO.    1027

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 777
                                                Session of
                                                  2025

     INTRODUCED BY D. MILLER, PROKOPIAK, MALAGARI, PROBST, GIRAL,
        HILL-EVANS, SANCHEZ, CERRATO, BURGOS, RABB, DOUGHERTY,
        INGLIS, SHUSTERMAN, STEELE, RIVERA AND SMITH-WADE-EL,
        MARCH 18, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 18, 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 minimum hourly wage or living wage for education support
 7      professionals; in duties and powers of boards of school
 8      directors, further providing for majority vote required and
 9      recording; and imposing duties on the Department of Labor and
10      Industry.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
14   as the Public School Code of 1949, is amended by adding a
15   section to read:
16      Section 135.     Minimum Hourly Wage or Living Wage for
17   Education Support Professionals.--(a)    Beginning in the 2025-
18   2026 school year:
19      (1)   An education support professional shall be paid a
20   minimum hourly wage of not less than twenty dollars ($20) per
21   hour or the living wage determined under subsection (f),
 1   whichever is greater.
 2      (2)   For overtime hours, an education support professional
 3   shall be paid not less than one and one-half (1 1/2) times the
 4   amount that the education support professional is paid under
 5   paragraph (1).
 6      (3)   For an education support professional paid on a salaried
 7   basis, salary shall be compared to hours worked in two-week
 8   periods to ensure that the education support professional is
 9   paid not less than required under this section.
10      (b)   This section shall not be construed to require the
11   modification, renegotiation or reopening of an agreement or
12   employment contract in effect on the effective date of this
13   subsection. Subject to subsection (c), the salary schedule or
14   any other terms of the agreement or employment contract are not
15   superseded or modified by this section.
16      (c)   Notwithstanding subsection (b), beginning in the 2025-
17   2026 school year and during the term of any agreement or
18   employment contract in effect on the effective date of this
19   subsection, through and including the 2029-2030 school year, a
20   public school entity shall make a supplemental wage payment to
21   each education support professional who is entitled to a wage
22   that is lower than the minimum hourly wage or living wage
23   required under subsection (a). The supplemental wage payment
24   shall be in an amount equal to the number of hours worked by the
25   education support professional during the school year multiplied
26   by the difference between the minimum or living wage required
27   under subsection (a) and the lower wage to which the education
28   support professional is entitled under the terms of the
29   agreement or employment contract in effect on the effective date
30   of this section, which shall not be lower than the wage that the

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 1   education support professional received for the immediately
 2   preceding school year.
 3      (d)    A public school entity shall be entitled to receive a
 4   payment under subsection (g) if the public school entity:
 5      (1)    makes a supplemental wage payment under subsection (c)
 6   in any school year from 2025-2026 through 2029-2030, inclusive;
 7      (2)    on or after the effective date of this subsection,
 8   enters into an agreement or employment contract meeting the
 9   requirements of subsection (e) for the 2025-2026 school year; or
10      (3)    is operating under a period of status quo during the
11   2025-2026 school year following the expiration of an agreement.
12      (e)    An employment contract or an agreement negotiated by a
13   public school entity and an employe organization under the
14   Public Employe Relations Act, on or after the effective date of
15   this subsection, shall not provide for a wage lower than
16   provided for under subsection (a). A provision in an agreement
17   or employment contract in effect on the effective date of this
18   section that provides for a wage in conflict with subsection (a)
19   shall be discontinued in a new or renewed agreement or
20   employment contract or during the period of status quo following
21   the expiration of an agreement.
22      (f)    The following apply regarding the living wage:
23      (1)    Within thirty (30) days of the effective date of this
24   paragraph, the Department of Labor and Industry shall:
25      (i)    Determine the living wage applicable to each public
26   school entity in this Commonwealth.
27      (ii)    Post the living wage described in subparagraph (i) on
28   the publicly accessible Internet website of the Department of
29   Labor and Industry.
30      (2)    Beginning one year after the effective date of this

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 1   paragraph, and each year thereafter, the Department of Labor and
 2   Industry shall:
 3      (i)    Adjust the living wage described under paragraph (1)(i)
 4   upward if there has been a positive percentage change in the
 5   Consumer Price Index for All Urban Consumers: All Items (CPI-U)
 6   for the United States City Average as published by the United
 7   States Department of Labor, Bureau of Labor Statistics, for the
 8   previous twelve-month period.
 9      (ii)    Post the adjusted living wage described in subparagraph
10   (i) on the publicly accessible Internet website of the
11   Department of Labor and Industry.
12      (g)    The following apply to supplemental reimbursements and
13   special payments regarding wage increases for education support
14   professionals:
15      (1)    Each public school entity making supplemental wage
16   payments as provided for under subsection (c) shall receive
17   supplemental reimbursement payments or special payments from the
18   Department of Education in amounts, on dates and in a manner
19   determined by the Department of Education.
20      (2)    The reconciled amount of the payments for any school
21   year from 2025-2026 through 2029-2030, inclusive, shall be paid
22   to the public school entity in each school year thereafter.
23      (3)    Payment under this subsection shall be in addition to
24   any other amount payable to the public school entity.
25      (4)    For a school district, the total net, reconciled amount
26   of supplemental reimbursements that the school district receives
27   shall be included in the school district's allocation amount
28   under section 2502.56(b)(1).
29      (5)    Notwithstanding any other provision of this subsection,
30   if a public school entity enters into a contract for

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 1   noninstructional services with a third party under section 528
 2   on or after the effective date of this paragraph, the public
 3   school entity shall permanently forfeit an amount equal to the
 4   payment received by the public school entity under this
 5   subsection multiplied by the number of public school employe
 6   positions eliminated due to the public school entity's decision
 7   to enter into the contract with a third party under section 528.
 8   The following apply:
 9      (i)     The Department of Education shall determine the amount
10   forfeited.
11      (ii)     In the case of a school district, the amount forfeited
12   shall be permanently removed from the school district's
13   allocation amount under section 2502.56(b)(1).
14      (6)     The Department of Education shall issue guidelines
15   necessary for the implementation and administration of this
16   subsection.
17      (h)     As used in this section, the following words and phrases
18   shall have the meanings given to them in this subsection unless
19   the context clearly indicates otherwise:
20      "Agreement."     A contract or agreement between a public
21   employer and a public employe or employe organization under the
22   Public Employe Relations Act.
23      "Education support professional."     An individual who is not
24   any of the following:
25      (1)     A professional employe, as defined in section 1101(1).
26      (2)     A substitute, as defined in section 1101(2).
27      (3)     A temporary professional employe, as defined in section
28   1101(3).
29      "Employe organization."     As defined in section 301(3) of the
30   Public Employe Relations Act.

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 1      "Employment contract."     A contract for services between a
 2   public school entity and one or more education support
 3   professionals who are not members of a bargaining unit
 4   represented by an employe organization.
 5      "Living wage."   The minimum income necessary for an education
 6   support professional to meet basic needs based upon the region
 7   of this Commonwealth in which the education support professional
 8   is employed.
 9      "Minimum hourly wage."     A rate of pay of twenty dollars ($20)
10   per hour.
11      "Public employe."     As defined in section 301(2) of the Public
12   Employe Relations Act.
13      "Public Employe Relations Act."      The act of July 23, 1970
14   (P.L.563, No.195), known as the "Public Employe Relations Act."
15      "Public employer."    As defined in section 301(1) of the
16   Public Employe Relations Act.
17      "Public school entity."     A school district, intermediate unit
18   or area career and technical school.
19      Section 2.   Section 508 of the act is amended to read:
20      Section 508.   Majority Vote Required; Recording.--(a)      The
21   affirmative vote of a majority of all the members of the board
22   of school directors in every school district, duly recorded,
23   showing how each member voted, shall be required in order to
24   take action on the following subjects:--
25      Fixing length of school term.
26      Adopting textbooks.
27      Appointing or dismissing district superintendents, assistant
28   district superintendents, associate superintendents, principals,
29   and teachers.
30      Appointing tax collectors and other appointees.

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 1      Adopting the annual budget.
 2      Levying and assessing taxes.
 3      Purchasing, selling, or condemning land.
 4      Locating new buildings or changing the locations of old ones.
 5      Dismissing a teacher after a hearing.
 6      Creating or increasing any indebtedness.
 7      Adopting courses of study.
 8      Establishing additional schools or departments.
 9      Designating depositories for school funds.
10      Entering into contracts of any kind, including contracts for
11   the purchase of fuel or any supplies, where the amount involved
12   exceeds one hundred dollars ($100).
13      Fixing salaries or compensation of officers, teachers, or
14   other appointees of the board of school directors.
15      Entering into contracts with and making appropriations to the
16   intermediate unit for the district's proportionate share of the
17   cost of services provided or to be provided for by the
18   intermediate unit.
19      (b)   A board of school directors may not enter into a
20   contract for services to be provided by an education support
21   professional, as the term is defined in section 135(h), that
22   provides for payment of a wage of less than required under
23   section 135(a). The following apply to contracts:
24      (1)   A provision in a contract in effect on the effective
25   date of this subsection that provides for a salary or fee in
26   conflict with this subsection shall be discontinued in a new or
27   renewed contract.
28      (2)   This subsection shall not be construed to require the
29   modification, renegotiation or reopening of a contract in effect
30   on the effective date of this subsection, and neither the salary

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1   schedule nor any other terms of the contract are superseded or
2   modified by this subsection.
3      (c)   Failure to comply with the provisions of this section
4   shall render [such] the acts of the board of school directors
5   void and [unenforcible] unenforceable.
6      Section 3.   This act shall take effect immediately.




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