Category: Government Actions

Despite the Enactment of Act 91, PA Schools Still Struggle with Substitute Teacher Shortages Amid Persisting Pandemic (January 21, 2022)

On December 17, 2021, Governor Tom Wolf signed HB 412, which is now Act 91, and amends the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, to address the immediate need for substitute teachers due to the pandemic.

HB 412 was originally introduced in February 2021 by Rep. Barbara Gleim and will expand the number of individuals eligible to substitute in public schools and will provide schools with the flexibility they need to continue providing safe, structured learning environments for K-12 students.

Flexibilities for school years 2021-2022 and 2022-2023 include:

  • Retired teachers are now eligible to fill teacher vacancies on an emergency or short-term basis.
  • Schools can use eligible college students and recent graduates of education programs to serve as substitute teachers.
  • Educators with active Pennsylvania certificates and those with comparable out-of-state certificates can serve as day-to-day substitutes for 20 days, or longer under certain circumstances.
  • Teachers with inactive certificates may substitute for 180 days instead of 90 days per school year.
  • Individuals who are 25 or older, have at least 60 college credits or 3 years of experience as a paraprofessional, and complete training on classroom management, may serve as “classroom monitors” by delivering pre-planned assignments for a teacher.

Unfortunately, despite the exemplary efforts of the Governor and General Assembly, the Omicron COVID-19 wave has put a tremendous strain on schools as they try to fill holes left by affected staff.

PA Office of Child Development and Early Learning Receives Recognition for Equitable, Data-Driven Investing in Quality Early Learning Programs (January 21, 2022)

The PA Office of Child Development and Early Learning (OCDEL), a collaborative effort between the Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS), was included in Pennsylvania’s Honor Roll designation by the Results for America’s Invest in What Works State Standard of Excellence. The recognition highlighted OCDEL’s Keystone STARS use of equitable and data-based investments in early education.

“We are honored by this distinction and are proud to say, Pennsylvania is investing in what works by supporting our child care providers as they continue to strive for higher quality on behalf of the children and families they serve,” said DHS Acting Secretary Meg Snead. “Early learning programs set a foundation that helps children throughout schooling and into adulthood. By investing in our children, we are investing in our commonwealth’s future – something we must always continue to look towards.”

Keystone STARS, Pennsylvania’s Quality Rating Improvement System, aims to improve the quality of early childhood education programs through a performance standard framework leveraged in state contracts to providers. This program uses data to measure learning centers throughout the commonwealth, provide equitable support, and direct funding to better serve all families and child care centers.

Early learning programs participating in Keystone STARS can earn a quality rating score from STAR 1 through 4. The eligibility criteria for child care providers to participate in a variety of state-funded initiatives often rely on a STAR 3 or 4 designation. The Results for America recognition highlights OCDEL’s efforts to support STAR 1 and 2 early learning centers.

In the last year, Pennsylvania has invested approximately $400 million to increase base rates and setting access incentives for providers participating in Child Care Works (CCW), Pennsylvania’s subsidized child care program. Nearly two-thirds of children whose families enrolled in  CCW are enrolled in a STAR 1 or 2 rated facility. By investing in base rates to providers participating in CCW, Pennsylvania is helping providers invest in services offered for the children in care, staff development and compensation, and the overall quality of their child care center. Additionally, Keystone STARS provides early childhood programs in Pennsylvania with the tools to continually improve service to children and families. STAR 1 and 2 child care providers have access to Quality Coaches who offer technical assistance to help increase their STAR rating.

“The Performance Standards for Keystone STARS are guided by the principle that quality early learning programs are the foundation for children’s success,” said Tracey Campanini, Deputy Secretary, Office of Child Development and Early Learning. “Add in data-driven decision making and investing in equitable early education, we are building a path for all Pennsylvania’s children to learn to their fullest potential.”

The Results for America Invest in What Works State Standard of Excellence (State Standard of Excellence) sets a national standard for how state governments can best use evidence and data in budget, policy, and management decisions. States receiving this recognition demonstrate the use of data and evidence to achieve better, more equitable outcomes for their residents and to invest in what works.

For more information on Keystone STARS, visit here. Providers seeking to apply for American Rescue Plan Act Child Care Stabilization Grants can learn more and apply here. Pennsylvanians looking for child care can visit www.findchildcare.pa.gov.

US Supreme Court Provides Split Decision Regarding Vaccine Mandates (January 19, 2021)

On Thursday, January 13, 2022, the U.S. Supreme Court (Court) struck down one vaccine mandate and upheld another.  The former, which was blocked by a 6-3 vote, mandated that all employers with over 100 employees require vaccinations for all employees. The other, which was upheld by a 5-4 vote, mandated that healthcare workers in hospitals, nursing homes, and other facilities that receive Medicare or Medicaid funding must be vaccinated. 

The Court found that the former mandate overstepped the authority granted to the Occupational Safety and Health Administration (OSHA) by Congress. The Court opined that, “Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly…Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.” 

On the other hand, the Court upheld the federal government’s right to impose a mandate, which was issued through the U.S. Department of Health and Human Services (HHS),  requiring healthcare workers at facilities participating in Medicare or Medicaid programs to be vaccinated.  Since HHS found that 35 percent of staff members at Medicare and Medicaid-funded health-care facilities were unvaccinated, and thus “pose a serious threat to the health and safety of patients…[and]…the secretary finds necessary in the interest of the health and safety of individuals who are furnished services…ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm.”

In essence, the federal government can’t impose a policy forcing employers to require their employees to be vaccinated; however, the Court’s decision does not make it illegal for employers to voluntarily institute a policy requiring their employees to be vaccinated. 

Key Takeways from Updated CDC Guidance for COVID-19 Prevention in K-12 Schools (January 18, 2022)

On January 13, 2022, the CDC released updated guidance for COVID-19 Prevention in K-12 Schools. Here are some key takeaways:

  • Students benefit from in-person learning, and safely returning to in-person instruction continues to be a priority.
  • Vaccination is the leading public health prevention strategy to end the COVID-19 pandemic. Promoting vaccination can help schools safely return to in-person learning as well as extracurricular activities and sports.
  • CDC recommends universal indoor masking by all* students (ages 2 years and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status.
  • New CDC guidance has reduced the recommended time for isolation and quarantine periods to five days. For details see CDC’s page on Quarantine and Isolation.
  • In addition to universal indoor masking, CDC recommends schools maintain at least 3 feet of physical distance between students within classrooms to reduce transmission risk. When it is not possible to maintain a physical distance of at least 3 feet, such as when schools cannot fully re-open while maintaining these distances, it is especially important to layer multiple prevention strategies, such as screening testing.
  • Screening testing, ventilation, handwashing and respiratory etiquette, staying home when sick and getting tested, contact tracing in combination with quarantine and isolation, and cleaning and disinfection are also important layers of prevention to keep schools safe.
  • Students, teachers, and staff should stay home when they have signs of any infectious illness and be referred to their healthcare provider for testing and care.
  • This guidance emphasizes implementing layered prevention strategies to protect students, teachers, staff, visitors, and other members of their households and support in-person learning.
  • Localities should monitor community transmission, vaccination coverage, screening testing, and occurrence of outbreaks to guide decisions on the level of layered prevention strategies (e.g., physical distancing, screening testing).

Summary of Recent Changes Over the Past Two Weeks:

  • Added a footnote to clarify language in the screening testing table. (Jan. 13)
  • Clarified that to allow time for students to catch up with the latest recommendations and to minimize disruption to in-person learning, schools may consider forgoing quarantine for students ages 12-17 years who completed their primary vaccine series but have not yet received all eligible boosters. (Jan. 13)
  • Updated guidance to reflect new recommendations for isolation for people with COVID-19 and recommendations for people who have come into close contact with a person with COVID-19. (Jan. 6)

To visit the CDC site regarding these updates, click here.

PA State Board of Ed. Holds Bi-Monthly Meeting (January 13, 2022)

On Thursday, January 13, 2022, the PA State Board of Education held its bi-monthly meeting. Action items included a petition by the State Board of Career and Technical Education to the U.S. Department of Education seeking recognition of the Pennsylvania State Board of Career and Technical Education as a Public Postsecondary Career and Technical Education Accrediting Authority. Following that action, the PA State Board of Education approved final-form amendments to Chapter 4 (Academic Standards and Assessments) as well as the Annual Report to the Governor and the General Assembly.

Prior to adjourning, the Board bid a fond farewell to Dr. Jonathan Peri, who is retiring as Chairman of the Council of Higher Education.

The next state board meeting will be held on March 16-17, 2022.