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.

PRIOR PRINTER'S NO. 2547 PRINTER'S NO. 3483
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, D. WILLIAMS, TOMLINSON,
HOGAN, MADSEN, DEASY, POWELL, VENKAT, BURGOS, WEBSTER, HOWARD
AND SAMUELSON, OCTOBER 29, 2025
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 2, 2026
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, providing
for student-related injury leave.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 135. Student-related Injury Leave.-- (a) When a
public school employe is rendered unable to perform his or her
duties of employment by reason of injury inflicted by a student,
or by a student's parent or guardian, in the course of public
school employment IF THE INJURY OCCURRED IN THE PERFORMANCE OF
THE PUBLIC SCHOOL EMPLOYE'S DUTIES AUTHORIZED BY PUBLIC SCHOOL
POLICY , the governing body of the public school shall grant the
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public school employe student-related injury leave, under which
the following shall apply:
(1) For a period beginning on the first date on which the
public school employe is unable to perform the employe's duties
and continuing until the public school employe resumes
performance of the employe's duties or until the date that is
one year following the employe's injury, whichever is earlier,
the public school shall pay the public school employe the
employe's full salary and maintain the employe's benefits in the
manner provided for under the agreement or employment contract
applicable to the employe. During the period of student-related
injury leave under this section, the public school employe shall
be considered to be in daily attendance in the position from
which the student-related injury leave was taken for purposes of
the employe's length of service, right to receive increments and
any other status, rights or benefits afforded by Article XI or
an applicable agreement or employment contract.
(2) (i) Within fifteen (15) days of the beginning of an
employe's student-related injury leave under this section, the
employe shall provide the public school with documentation from
the employe's licensed medical provider stating:
(A) the reason the employe is unable to perform his or her
duties; and
(B) the length of time the employe's condition is expected
to continue.
(ii) The period of leave may be extended up to the date that
is one year following the date of the employe's injury if the
employe provides updated documentation from a licensed medical
provider.
(3) An employe to which this section applies shall continue
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to accrue sick leave and other paid leave that the employe may
be entitled to accrue under the agreement or employment contract
applicable to the employe and shall not be required to apply any
accumulated sick leave or other paid leave to the period of
student-related injury leave.
(4) (i) For purposes of the Public School Employees'
Retirement Code under 24 Pa.C.S. Pt. IV (relating to retirement
for school employees), a public school employe shall receive
full credit for the duration of the leave period if the employe
is:
(A) a member of the system; and
(B) provided student-related injury leave under subsection
(a)(1).
(ii) Student-related injury leave provided under subsection
(a)(1) shall be treated as an approved leave of absence under 24
Pa.C.S. § 8302(b) (relating to credited school service), except
that 24 Pa.C.S. § 8302(b)(1) shall not apply.
(5) (i) Any amounts received or collected during a period
of leave granted under paragraph (1) by the public school
employe under the act of June 2, 1915 (P.L.736, No.338), known
as the "Workers' Compensation Act," shall be turned over to the
public school.
(ii) If the public school employe does not turn over the
amounts as required under subparagraph (i), the amounts shall be
deducted from any salary then or thereafter due to the public
school employe.
(iii) For purposes of this paragraph, any amount received in
payment of medical expenses is excluded.
(6) For any public school employe receiving salary or
benefits pursuant to this section, the statutes of limitations
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specified in sections 306.1, 315, 413 and 434 of the "Workers'
Compensation Act," shall not begin to run until the expiration
of the receipt of salary and or benefits under this section.
(b) Nothing in this section shall supersede or preempt any
provision of:
(1) a collective bargaining agreement between a public
school and an employe organization; or
(2) the rights of an employe organization under the Public
Employe Relations Act.
(C) NOTHING IN THIS SECTION, INCLUDING A DETERMINATION
RELATED TO A PUBLIC SCHOOL EMPLOYE'S ELIGIBILITY FOR INJURY
LEAVE OR ANY RELATED PAY OR BENEFITS UNDER THIS SECTION, SHALL
BE BINDING UPON THE ADJUDICATION OF THE PUBLIC SCHOOL EMPLOYE'S
ELIGIBILITY FOR WORKERS' COMPENSATION BENEFITS UNDER THE
"WORKERS' COMPENSATION ACT."
(c) (D) As used in this section, the following words and
phrases shall have the following meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agreement." A contract or agreement between a public school
and an employe organization under the Public Employe Relations
Act.
"Employe organization." Shall have the same meaning given in
section 301(3) of the Public Employe Relations Act.
"Employment contract." A contract for services between a
public school and one or more public school employes who are not
members of a bargaining unit represented by an employe
organization.
"Governing body." The board of school directors of a school
district or the governing entity of any other public school.
"Injury inflicted by a student, or by a student's parent or
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guardian" or "student-related injury." Shall mean:
(1) an injury caused by a student or a student's parent or
guardian;
(2) an injury that would not have occurred but for the
actions of the student or student's parent or guardian; or
(3) a disease or infection that naturally results from an
injury caused under paragraph (1) or (2) or is aggravated,
reactivated or accelerated by the injury.
"Public Employe Relations Act." The act of July 23, 1970
(P.L.563, No.195), known as the "Public Employe Relations Act."
"Public school." As follows:
(1) a school district;
(2) an area career and technical school;
(3) an intermediate unit;
(4) a charter school;
(5) a regional charter school; or
(6) a cyber charter school.
"Public school employe." An individual employed by a public
school or employed by an independent contractor and assigned to
work in a public school.
"System." The term shall have the same meaning given to it
in 24 Pa.C.S. § 8102 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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