PRINTER'S NO. 106
No. 77 Session of 2007
INTRODUCED BY TOMLINSON, CORMAN, RAFFERTY, PIPPY, BROWNE, STOUT, BOSCOLA, COSTA, FONTANA, BRUBAKER, TARTAGLIONE, O'PAKE AND REGOLA, FEBRUARY 12, 2007
REFERRED TO EDUCATION, FEBRUARY 12, 2007
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," providing for special education 6 services for nonpublic school students. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 10 as the Public School Code of 1949, is amended by adding a 11 section to read: 12 Section 922.2-A. Special Education Services for Nonpublic 13 School Students.--(a) Legislative Finding; Declaration of 14 Policy. The welfare of this Commonwealth requires that school 15 age children be assured ample opportunity to develop their 16 intellectual capacities to the fullest. Children attending 17 nonpublic schools have not been furnished special education 18 services on an equal basis with public school children. It is 19 the intent of the General Assembly to ensure that nonpublic
1 school children be afforded an equitable opportunity to receive 2 special education services. 3 (b) Definitions. The following terms, whenever used or 4 referred to in this section, shall have the following meanings, 5 except in those circumstances where the context clearly 6 indicates otherwise: 7 "Nonpublic school" means a nonprofit school, other than a 8 public school or an approved private school within this 9 Commonwealth wherein a resident of this Commonwealth may legally 10 fulfill the compulsory school attendance requirements of this 11 act and which meets the applicable requirements of Title VI of 12 the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). 13 "Special education services" means secular, neutral, 14 nonideological educational services and related services for 15 children with exceptionalities, as that term is defined in 16 section 1371. 17 (c) Program of Special Education Services. (1) To the 18 extent allowed by the level of funds appropriated by the General 19 Assembly to implement the provisions of this section, children 20 with exceptionalities attending nonpublic schools shall be 21 furnished a program of special education services which are 22 required by law to be offered to public school students in this 23 Commonwealth and which are appropriate to the needs of those 24 children. The program of special education services shall be 25 provided by the intermediate unit in which the nonpublic school 26 is located, in accordance with standards of the Secretary of 27 Education. 28 (2) Such services shall be provided directly to the 29 nonpublic school students by the intermediate unit in the 30 schools which the students attend, in mobile instructional units 20070S0077B0106 - 2 -
1 located on the grounds of such schools or in any alternative 2 setting mutually agreed upon by the school and the intermediate 3 unit, to the extent permitted by the Constitution of the United 4 States and the Constitution of Pennsylvania. 5 (3) Such special education services may be provided directly 6 by the intermediate units or through agreements between the 7 intermediate units and school districts or qualified private 8 service providers, but may not be provided by nonpublic school 9 employes. 10 (4) School districts may also, at their option, provide such 11 services to resident students attending nonpublic schools or 12 place children in need of such services in nonpublic schools at 13 school district expense. 14 (d) School District Responsibilities. Nothing in this 15 section shall relieve any school district of any 16 responsibilities, under Federal or State law, to identify, 17 locate or evaluate any nonpublic school student who is in need 18 of special education services. School districts may fulfill such 19 responsibilities directly or by agreement with an intermediate 20 unit. 21 (e) Intermediate Unit Responsibilities. (1) Intermediate 22 units shall be responsible for designing and implementing 23 appropriate individualized education programs for children with 24 exceptionalities who attend nonpublic schools. The Secretary of 25 Education shall prescribe standards establishing procedures for 26 the development, review and revision of appropriate special 27 education programs for such children, which standards shall 28 include required timely and meaningful consultation with a 29 representative of the nonpublic school which the child to be 30 served attends regarding the child's secular educational needs. 20070S0077B0106 - 3 -
1 (2) The required consultation shall occur before the 2 intermediate unit makes any decision that affects the 3 opportunities of nonpublic school children to participate in the 4 services provided under this section, and shall include, at a 5 minimum: which children shall receive services; what services 6 will be provided; how and where the services will be provided; 7 and how the services provided will be evaluated. 8 (f) Appropriations. (1) From the Federal funds received by 9 the Commonwealth for special education services, the Secretary 10 of Education shall allocate to intermediate units a proportion 11 equal to the percentage of children with exceptionalities who 12 attend nonpublic schools in this Commonwealth. Said funds shall 13 be combined with State funds appropriated by the Commonwealth 14 and utilized by the intermediate units for purposes of providing 15 special education services under this section. 16 (2) Appropriations of Federal and State funds made by the 17 Commonwealth under this section shall be allocated by the 18 Secretary of Education to each intermediate unit based upon the 19 number of nonpublic school children within that intermediate 20 unit who are in need of special education services. 21 (g) Limitations on Expenditure. The intermediate unit shall 22 not use more than six per centum (6%) of the funds it receives 23 under this section for administrative expenses. The Department 24 of Education shall not use more than one per centum (1%) of the 25 funds it allocates under this section for administrative 26 expenses. If all funds allocated by the intermediate units to 27 administration are not expended for those purposes, such funds 28 may be used for program costs under this section. 29 (h) Interest. There shall be no adjustment in the allocation 30 as provided in subsection (f) because of interest earned on the 20070S0077B0106 - 4 -
1 allocations by the intermediate units. Interest so earned shall 2 be used for the purpose of this section but shall not be subject 3 to the limitations of subsection (g). 4 (i) Budgets. Annually, each intermediate unit shall submit 5 to the Secretary of Education a preliminary budget for services 6 to be provided under this section on or before January 31 and a 7 final budget on or before June 15 for the succeeding year, and 8 shall file a final financial report on or before October 31 for 9 the preceding year. 10 (j) Limitations on Regulations. (1) Nothing in this section 11 shall be construed to authorize any additional regulations, 12 requirements or limitations upon nonpublic schools which are not 13 otherwise authorized by law. 14 (2) No nonpublic school may be compelled to accept or to 15 enroll children with exceptionalities if the school: 16 (i) is not structured or equipped to meet the special needs 17 of the student; 18 (ii) does not offer educational programs appropriate to the 19 special needs of the student; or 20 (iii) does not offer a particular program requested. 21 (3) The providing of special education services to children 22 under this section shall not be considered to be appropriations 23 or financial assistance to the nonpublic school which the child 24 attends. 25 Section 2. This act shall take effect in 60 days. L13L24MSP/20070S0077B0106 - 5 -