Updated November 22, 2023
Act 91 of 2021 legislation ended on June 30, 2023. As we await additional education code legislation, the following options remain to address the teacher shortage.
- PDE Act 91 of 2021 Report (PDF)
Existing Statutory and Regulatory Provisions
22 Pa. Code § 49.31 Emergency Permits
Day-to-Day Substitute Permit (Type 06)
An individual holding a day-to-day substitute permit issued in accordance with 22 Pa. Code § 49.31 may substitute in any certificate area for no more than 20 days. Individuals may serve as a day-to-day substitute for more than one professional or temporary professional employee even if the individual serves for more than 20 cumulative days as a day-to- day substitute within a school year. If an LEA requires substituting beyond 20 days for an individual professional or temporary professional employee, a long-term section 49.31 substitute permit is required.
Long-term Substitute with an Educational Obligation Permit (Type 01)
LEAs may request a long-term substitute permit for individuals who hold a bachelor's degree to serve in positions that exceed 20 days and for which the LEA cannot find an appropriately certified and qualified individual for an assignment the LEA anticipates future employment for the position. Instances of qualifying vacancies include new position; resignation; termination; retirement; or death. Note that after January 1, 2022, LEAs may request these permits for special education PK-12 as a single subject area. These permits expire at the end of the school year in which they are issued.
Long-term Substitute without an Educational Obligation Permit (Type 04)
LEAs may request long-term substitute permits for individuals who possess a bachelor's degree for positions that exceed 20 days and for which the LEA cannot find an appropriately certified and qualified individual for an assignment where future employment is not anticipated by the LEA. These positions are generally temporary or are being discontinued. Instances include positions where the individual is on sabbatical, medical, or maternity leave (temporary coverage); coverage while recruiting; and coverage for a position that will be eliminated at the end of the school year. These permits expire at the end of the school year in which they were issued.
Note that substitute educators retained through private providers need an active and valid certificate or an emergency permit and must provide original transcripts to LEAs for inclusion in personnel records. For more information on the types of permits available, LEA responsibilities and reissuance requirements, and reminders, please access the Certification Staffing Policy Guidelines (CSPGs) 13 on emergency permits.
Locally Issued Day-To-Day Substitute Permits
Certified Educators (22 Pa. Code § 49.34):
An LEA may issue a day-to-day substitute permit to an educator holding a valid and active Pennsylvania or comparable out-of-state certificate.
- The educator must meet pre-employment requirements for background clearances, citizenship, and good moral character under the School Code and Child Protective Services Law.
- The educator may serve as a substitute for 20 school days for an individual professional or temporary professional outside of their certificate area. The 20-day limitation is not cumulative. An individual holding this permit may serve for multiple professional and temporary professional employees during a school year.
- The LEA must request a long-term substitute permit from PDE if service exceeds 20 days for an individual professional or temporary professional employee.
- The LEA is responsible for maintaining accurate records and evidence of the above requirements.
Individuals holding a valid and active Pennsylvania certificate or comparable out-of-state certificate may serve as a day-to-day substitute in the individual's certificate area for a period not exceeding 20 days without a locally issued permit.
Teacher Preparation Program Completers (24 P.S. § 12-1215):
An LEA may issue a day-to-day substitute permit to an individual who completed an approved educator preparation program when all the following criteria are met:
- The educator presents to the LEA a letter from a college or university verifying successful completion of an approved teacher preparation program, and completion of all requirements for awarding of a bachelor's degree on a date certain;
- The educator presents to the LEA evidence they have completed all required certification testing or are in process of scheduling required certification testing, and
- The educator meets requirements of the School Code related to clearances and good moral character, and of the Child Protective Services Law.
The emergency permit expires upon termination of any summer school or upon issuance of an Instructional I certification. The LEA is responsible for maintaining accurate records and evidence of the above requirements being met.
Prospective Teacher Substitutes (Act 86 of 2016)
An LEA may allow a prospective teacher to serve as a substitute if the individual:
- Is currently enrolled in a Pennsylvania-approved college or university educator preparation program;
- Has completed at least 60 semester hours or equivalent; and
- Meets all statutory requirements related to clearances, citizenship, and good moral character.
The individual may teach a maximum of 10 days for a single employee and a maximum of 20 days per school year.
NOTE: Pursuant to Act 33 of 2023, for the 2023-24, 2024-25, and 2025-26 school years, there is no limit to the number of hours or days a prospective teacher may substitute except for someone who is student teaching per 22 Pa. Code § 354.25(f).
Individuals fulfilling the student teaching experience per 22 Pa. Code §354.25(f) may not substitute for longer than 10 days in their assigned classroom or classrooms or for other teachers within the building or buildings where they have been placed as a student teacher and must possess at least one satisfactory observation related to their student teacher program.
Reissuance provisions:
- The permit may be reissued for one additional year, as long as the educator:
- Provides proof of completion of an additional 15 credit hours or equivalent from a PDE-approved preparation program provider; and
- Remains enrolled in a PDE-approved preparation program.
The LEA is responsible for maintaining accurate records and evidence of the above requirements being met.
Miscellaneous Options for LEAs
24 P.S § 12-1205.2 Continuing Professional Development allows educators with inactive certification who are not annuitants to substitute for 180 days per school year on the inactive certificate.
22 Pa Code § 49.32 Exceptional Case Permits enables LEAS to request that PDE issue this permit to an individual after PDE receives evidence of exceptional conditions requiring PDE resolution of the staffing shortage. These permits expire at the end of the school year in which they are issued.
24 Pa C.S.A. § 8346, (b) Return to School Service During Emergency (Public School Employees' Retirement System Employment Emergency or Shortage of Personnel, Act 5 of 2017) can be used when, in the judgment of the employer, an emergency creates an increase in the work load such that there is serious impairment of service to the public or in the event of a shortage of appropriate subject certified teachers or other personnel LEAs may hire annuitants for a period not to exceed beyond the school year during which the emergency exists. This employment will not cause the annuitant to lose their annuity or distributions if the annuitant meets the conditions set forth in 24 Pa C.S.A. § 8346 (2)(b). The annuitant will not be entitled to earn any credited service. Annuitants, participants receiving retirement distributions, and employers or the commonwealth cannot make contributions to the fund or trust during the course of such employment.
Regardless of the option chosen to alleviate critical staffing shortages, PDE encourages LEAs to speak with their solicitor about any specific employment or service questions related to their use as well as the Act 91 provisions. In the coming weeks, additional guidance will be forthcoming to support school leaders in the implementation of these options. PDE will inform the field through existing modes of communication when this guidance is available.
LEAs should review CSPG 13 - Emergency Permits for more detailed information. Please direct any implementation-related questions about Act 91 or existing statutory or regulatory options to PDE's certification resource account, ra-edcertquestions@pa.gov.