Section 11-1134 - Professional and temporary professional employes of schools formerly operated by the Commonwealth(a) The following provisions shall apply to professional and temporary professional employes of a school formerly operated by the Commonwealth: (1) The Commonwealth shall create a pool for each school comprised of the professional and temporary professional employes who have received formal notice of suspension from the Commonwealth as a result of the Commonwealth's decision to cease Commonwealth operation of the school.(2) For the three school years immediately following the formal notice of suspension from the Commonwealth, employes in a pool created under clause (1) shall be offered employment by each eligible school entity as determined under clause (4) associated with the applicable pool created under clause (1), when that eligible school entity has a vacancy for a position that an employe in the applicable pool is properly certified to fill, provided that no employe of the eligible school entity in which the vacancy exists, including a suspended or demoted employe, has a right to the vacancy under this act or the collective bargaining agreement of the respective eligible school entity.(3) For the three school years immediately following the formal notice of suspension from the Commonwealth, no new employe shall be hired by an eligible school entity as determined under clause (4) associated with the applicable pool created under clause (1), until the position has been offered, in order of seniority, to all properly certified members of the applicable pool created under clause (1).(4) For the purpose of clauses (2) and (3), an "eligible school entity" shall be determined as follows: (i) a school district, vocational-technical school or intermediate unit, the administration building of which is seventeen (17) miles or less from the administration building of a school formerly operated by the Commonwealth or a school district which is adjacent to the school district in which a school formerly operated by the Commonwealth was situate; or(ii) a school district with average daily membership greater than or equal to eight thousand (8,000), the administration building of which is forty-five (45) miles or less from the administration building of a school formerly operated by the Commonwealth, and which relies on State revenue for not less than fifty per centum (50%) of the school district's total budget in one of the two most recent years for which data has been published on the Department of Education's publicly accessible Internet website.(b)(1) Employes hired from a pool under subsection (a)(2) and former employes of a school formerly operated by the Commonwealth who resigned from a school formerly operated by the Commonwealth within the six (6) months prior to October 9, 2009, and who accepted employment at a school district, intermediate unit or vocational-technical school shall be credited by the hiring school district, intermediate unit or vocational-technical school for all sick leave accumulated in the school and shall be credited for years of service in the school for purposes of salary schedule placement.(2) Such employes shall further be credited for their years of service in the school for purposes of sabbatical leave eligibility, suspension and realignment rights and eligibility for any retirement incentives or severance payments in a hiring school district, intermediate unit or vocational-technical school.(3) Nothing in this clause shall be construed to supersede or preempt any provision of an individual employment agreement between a school district, intermediate unit or vocational-technical school and an employe entered into prior to October 9, 2009, or any provision of a collective bargaining agreement in effect as of October 9, 2009, and negotiated by a school entity and an exclusive representative of the employes in accordance with the act of July 23, 1970 (P.L. 563, No. 195), known as the "Public Employe Relations Act."(c) This section shall expire on June 30, 2012.1949, March 10, P.L. 30, No. 14, § 1134, added 2011, June 30, P.L. 112, No. 24, § 10, effective 7/1/2011.