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        PRIOR PRINTER'S NO. 446                        PRINTER'S NO. 851

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 399 Session of 2007


        INTRODUCED BY MUSTO, BOSCOLA, ERICKSON, RAFFERTY, FONTANA,
           STACK, WASHINGTON, STOUT, COSTA, KITCHEN, FERLO, O'PAKE,
           BROWNE, KASUNIC, LAVALLE, WOZNIAK, DINNIMAN, HUGHES AND
           RHOADES, MARCH 13, 2007

        SENATOR RHOADES, EDUCATION, AS AMENDED, APRIL 17, 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," further providing for accountability
     6     grants.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 2599.2(b) of the act of March 10, 1949     <--
    10  (P.L.30, No.14), known as the Public School Code of 1949,
    11  amended July 13, 2005 (P.L.226, No.46), is amended to read:
    12     SECTION 1.  SECTION 2599.2(B) AND (C) OF THE ACT OF MARCH 10,  <--
    13  1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
    14  AMENDED JULY 13, 2005 (P.L.226, NO.46) AND JULY 11, 2006
    15  (P.L.1092, NO.114), ARE AMENDED TO READ:
    16     Section 2599.2.  Pennsylvania Accountability Grants.--* * *
    17     (b)  The grant shall be used by a school district to attain
    18  or maintain academic performance targets. Funds obtained under
    19  this section may be used for any of the following:

     1     (1)  Establishing, maintaining or expanding a quality pre-
     2  kindergarten program aligned with the current academic standards
     3  contained in 22 Pa. Code Ch. 4 (relating to academic standards
     4  and assessment).
     5     (2)  Establishing, maintaining or expanding a quality full-
     6  day kindergarten program aligned with the current academic
     7  standards contained in 22 Pa. Code Ch. 4. Such programs shall be
     8  kept open for five hours each day for the full school term as
     9  provided in section 1501. The board of school directors of a
    10  school district may offer a full-day kindergarten program to
    11  children who are between four and six years old.
    12     (3)  Establishing, maintaining or expanding a class size
    13  reduction program. Such class size reduction program shall
    14  appoint and assign a minimum of one teacher for every 17
    15  students or two teachers for every 35 students enrolled in a
    16  kindergarten, first, second or third grade classroom. All
    17  teachers appointed and assigned to teach kindergarten, first,
    18  second or third grade shall be certified in accordance with 22
    19  Pa. Code Ch. 49 (relating to certification of professional
    20  personnel) or its successors. The department shall establish
    21  guidelines to assure that no school district satisfies the
    22  requirements of this paragraph by making a reduction in, and
    23  subsequent increase to, current teacher complement. For purposes
    24  of this paragraph, the phrase "one teacher for every 17 students
    25  or two teachers for every 35 students enrolled in a
    26  kindergarten, first, second or third grade classroom" shall
    27  refer to the number of teachers conducting a class at any one
    28  time in a classroom containing the applicable number of
    29  students.
    30     (4)  Establishing, expanding or maintaining programs that
    20070S0399B0851                  - 2 -     

     1  promote the availability, coordination, integration and
     2  utilization of social and health services, associated resources
     3  and ancillary resources to meet the needs of children and
     4  families in addressing issues that may serve to limit student
     5  academic achievement.
     6     (5)  Notwithstanding the provisions of Article XV-C,
     7  providing tutoring assistance during the normal school day and
     8  hours of the school district, provided that the tutoring is in
     9  addition to and does not interfere with a student's regularly
    10  scheduled classroom instruction times and does not supplant
    11  services required in a student's individualized education
    12  program.
    13     (6)  Improving the academic performance of subgroups
    14  identified under section 1111(b) of the No Child Left Behind Act
    15  of 2001.
    16     (7)  Establishing, expanding or maintaining programs to
    17  assist in the building of strong science and applied-knowledge
    18  skills.
    19     (8)  Providing additional programs for continuing
    20  professional education that may include any of the following:
    21  training in mathematics, science and literacy-specific
    22  curriculum and instructional strategies; training in school-wide
    23  improvement planning; analysis of student achievement data,
    24  including student work and the implications for classroom
    25  practice; observing and studying exemplary school and classroom
    26  practices; implementing school-wide programs and classroom
    27  management strategies designed to improve student conduct; using
    28  technology to boost student achievement; conducting transition
    29  planning and curriculum alignment across schools and grade
    30  levels; or implementing secondary strategies to increase student
    20070S0399B0851                  - 3 -     

     1  engagement and personalize learning.
     2     (9)  Establishing, expanding or maintaining math and literacy
     3  coaching programs within schools to improve math and reading
     4  instruction.
     5     (10)  Providing financial incentives to highly qualified,
     6  tenured teachers to work in the most academically challenged
     7  schools in a school district or providing financial incentives
     8  to aid in the recruitment of certificated teachers in
     9  mathematics, science, language arts or English as a second
    10  language to work in the most academically challenged schools in
    11  a school district.
    12     (10.1)  Establishing, expanding or maintaining programs for    <--
    13  instruction on world languages in the elementary grades, either
    14  in immersion classrooms or as separate periods of instruction.
    15     (11)  Providing such other programs or activities that the
    16  board of school directors of a school district determines are
    17  essential to achieving or maintaining academic performance
    18  targets through the year 2014.
    19     (12)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS FOR      <--
    20  INSTRUCTION ON WORLD LANGUAGES IN THE ELEMENTARY GRADES, EITHER
    21  IN IMMERSION CLASSROOMS OR AS SEPARATE PERIODS OF INSTRUCTION.
    22     (13)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
    23  ENHANCE EDUCATIONAL TECHNOLOGY, INCLUDING THE ACQUISITION OF
    24  LAPTOP COMPUTERS AND OTHER STATE-OF-THE-ART RESOURCES.
    25     (14)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
    26  STRENGTHEN HIGH SCHOOL CURRICULA BY CREATING RIGOROUS COLLEGE
    27  AND CAREER PREPARATORY PROGRAMS, INCREASING ACADEMIC
    28  ACHIEVEMENT, OFFERING ADDITIONAL ADVANCED PLACEMENT COURSES,
    29  PROVIDING SCHOOL-BASED COUNSELING, AND PROVIDING PROFESSIONAL
    30  DEVELOPMENT.
    20070S0399B0851                  - 4 -     

     1     (15)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
     2  PROVIDE INTENSIVE TEACHER TRAINING, PROFESSIONAL DEVELOPMENT
     3  OPPORTUNITIES AND TEACHING RESOURCES TO ELEMENTARY LEVEL SCIENCE
     4  TEACHERS.
     5     * * *
     6     (C)  (1)  NO LATER THAN APRIL 10, 2004, AND APRIL 10, 2005,
     7  THE DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF THE GRANT
     8  AMOUNT IT WILL RECEIVE UNDER SUBSECTION (D). NO LATER THAN APRIL
     9  10, 2006, AND APRIL 10 OF EACH SCHOOL YEAR THEREAFTER, THE
    10  DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF THE GRANT AMOUNT
    11  IT WILL RECEIVE UNDER SUBSECTION (D.1).
    12     (1.1)  FOR THE 2007-2008 SCHOOL YEAR, THE DEPARTMENT SHALL
    13  NOTIFY EACH SCHOOL DISTRICT OF THE PROGRAMS AND ACTIVITIES
    14  AUTHORIZED UNDER SUBSECTION (B)(12), (13), (14) AND (15) WITHIN
    15  FIFTEEN (15) DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.
    16     (2)  WITHIN THIRTY (30) DAYS OF RECEIPT OF THE NOTIFICATION
    17  UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL SUBMIT TO THE
    18  DEPARTMENT AN ACCOUNTABILITY GRANT PLAN. THE PLAN SHALL INCLUDE:
    19     (I)  REFERENCE TO THE PROGRAMS OR ACTIVITIES UNDER SUBSECTION
    20  (B) FOR WHICH THE GRANT FUNDS WILL BE USED.
    21     (II)  IDENTIFICATION OF WHETHER THE GRANT FUNDS WILL BE USED
    22  TO ESTABLISH, MAINTAIN OR EXPAND THE PROGRAMS OR ACTIVITIES
    23  REFERENCED UNDER SUBPARAGRAPH (I).
    24     (III)  A BRIEF DESCRIPTION OF THE PROGRAMS OR ACTIVITIES FOR
    25  WHICH THE GRANT FUNDS WILL BE USED.
    26     (2.1)  FOR THE 2007-2008 SCHOOL YEAR, A SCHOOL DISTRICT THAT
    27  PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR ACTIVITY UNDER
    28  SUBSECTION (B)(12), (13), (14) AND (15) MAY SUBMIT AN AMENDED
    29  ACCOUNTABILITY GRANT PLAN TO THE DEPARTMENT WITHIN THIRTY (30)
    30  DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH. THE AMENDED PLAN
    20070S0399B0851                  - 5 -     

     1  SHALL INCLUDE THE INFORMATION REQUIRED UNDER PARAGRAPH (2).
     2     (3)  (I)  WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER
     3  PARAGRAPH (2) PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR
     4  ACTIVITY UNDER SUBSECTION (B)(11), THE DEPARTMENT SHALL HAVE
     5  FIFTEEN (15) DAYS FROM THE RECEIPT OF THE PLAN TO DISAPPROVE THE
     6  USE AND NOTIFY THE SCHOOL DISTRICT OF THE REASON FOR THE
     7  DISAPPROVAL. WITHIN THIRTY (30) DAYS OF THE RECEIPT OF NOTICE OF
     8  DISAPPROVAL, THE SCHOOL DISTRICT SHALL SUBMIT A REVISED
     9  ACCOUNTABILITY GRANT PLAN UNDER PARAGRAPH (2).
    10     (II)  WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER
    11  PARAGRAPH (2) PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR
    12  ACTIVITY UNDER SUBSECTION (B)(11) AND THE SCHOOL DISTRICT FAILS
    13  TO RECEIVE NOTIFICATION FROM THE SECRETARY WITHIN FIFTEEN (15)
    14  DAYS OF RECEIPT THAT ITS REQUEST HAS BEEN DISAPPROVED, THE
    15  SCHOOL DISTRICT MAY PROCEED TO IMPLEMENT THE PROPOSED PROGRAMS
    16  OR ACTIVITIES.
    17     (4)  WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER
    18  PARAGRAPH (2) OR WHERE THE AMENDED ACCOUNTABILITY GRANT PLAN
    19  SUBMITTED UNDER PARAGRAPH (2.1) PROPOSES TO USE THE GRANT FUNDS
    20  FOR A PROGRAM OR ACTIVITY UNDER SUBSECTION (B)(1), (2), (3),
    21  (4), (5), (6), (7), (8), (9) [OR], (10), (12), (13), (14) OR
    22  (15), THE DEPARTMENT MAY, WITHIN THIRTY (30) DAYS FROM THE
    23  RECEIPT OF THE PLAN, MAKE NONBINDING RECOMMENDATIONS FOR
    24  ALTERNATIVE UTILIZATION OF THE GRANT FUNDS.
    25     (5)  NO LATER THAN FEBRUARY 1, 2005, AND FEBRUARY 1 OF EACH
    26  YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE
    27  MAJORITY AND MINORITY CHAIRS OF THE APPROPRIATIONS AND EDUCATION
    28  COMMITTEES OF THE SENATE AND TO THE MAJORITY AND MINORITY CHAIRS
    29  OF THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE HOUSE OF
    30  REPRESENTATIVES SUMMARIZING THE OPERATION OF THE PROGRAM FOR
    20070S0399B0851                  - 6 -     

     1  THAT FISCAL YEAR. THE REPORT SHALL INCLUDE:
     2     (I)  A DESCRIPTION OF THE OPERATION OF THE PROGRAM.
     3     (II)  A SUMMARY OF THE TOTAL AMOUNT OF GRANT FUNDS PAID TO
     4  SCHOOL DISTRICTS.
     5     (III)  A SUMMARY OF THE USES OF GRANT FUNDS TO SCHOOL
     6  DISTRICTS.
     7     (IV)  AN IDENTIFICATION OF THE NUMBER OF SCHOOL DISTRICTS
     8  THAT USED GRANT FUNDS FOR EACH OF THE PROGRAMS OR ACTIVITIES
     9  UNDER SUBSECTION (B).
    10     (V)  A LISTING OF EACH SCHOOL DISTRICT AND THE PROGRAM OR
    11  ACTIVITY UNDER SUBSECTION (B) FOR WHICH THE GRANT FUNDS WERE
    12  USED.
    13     (VI)  AN IDENTIFICATION OF THE NUMBER OF SCHOOL DISTRICTS
    14  THAT USED GRANT FUNDS TO ESTABLISH, MAINTAIN OR EXPAND THE
    15  PROGRAM OR ACTIVITY FOR WHICH THE GRANT FUNDS WERE USED.
    16     (VII)  A LISTING OF EACH SCHOOL DISTRICT AND WHETHER THE
    17  GRANT FUNDS WERE USED TO ESTABLISH, MAINTAIN OR EXPAND THE
    18  PROGRAM OR ACTIVITY FOR WHICH THE GRANT FUNDS WERE USED.
    19     * * *
    20     Section 2.  This act shall take effect in 60 days              <--
    21  IMMEDIATELY.                                                      <--






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