1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for hybrid learning
6program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding an
11article to read:

12ARTICLE XV-H

13HYBRID LEARNING PROGRAM

14Section 1501-H. Definitions.

15The following words and phrases when used in this article
16shall have the meaning given to them in this section unless the
17context clearly indicates otherwise:

18"Department." The Department of Education of the
19Commonwealth.

1"Hybrid learning." An educational model under which a blend
2of digital resources, classroom teaching and peer collaboration
3are used to create a personalized learning environment for each
4student, the goal of which is to deliver cost-effective,
5individualized instruction to increase student engagement and
6improve academic performance.

7"Hybrid learning program" or "program." The program
8established under section 1502-H.

9"Intermediate unit." An intermediate unit established under
10Article IX-A.

11"Nonpublic school." A nonprofit school, other than a public
12school within this Commonwealth, wherein a resident of this
13Commonwealth may legally fulfill the compulsory school
14attendance requirements of this act and which meets the
15requirements of Title VI of the Civil Rights Act of 1964 (Public
16Law 88-352, 42 U.S.C. § 2000 et seq.).

17"School entity." A school district, charter school, <-cyber
18charter school or regional charter school <-or area vocational-
19technical school. The term does not include a cyber charter
20school.

21Section 1502-H. Establishment.

22A hybrid learning program is established under which the
23department shall award grants <-from $20,000 to $200,000 to school
24entities and intermediate units <-that are selected through an
25application process to be established and administered by the
26department <-to facilitate the creation or expansion of hybrid
27learning opportunities for students.

28Section 1503-H. Grant award and application process.

29The following shall apply:

30(1) The hybrid learning program established under

1section 1502-H shall be funded by <-$10,000,000 appropriated by
<-2an annual appropriation from the General Assembly and from
3any Federal, State or private funds otherwise available for
4this purpose.

5(2) From funds available for the hybrid learning program
6under paragraph (1), the department shall award grants to
7school entities and intermediate units that are selected
8through an application process that shall be established and
9administered by the department.

10(3) The application process established by the
11department under paragraph (2) shall require each school
12entity seeking grant funds under the program to do the
13following:

14(i) Describe the hybrid learning opportunities the
15school entity will make available to students.

16(ii) Identify the school entity's goals for
17participation in the program, including the school
18entity's goals for student academic achievement.

19(iii) Deliver to its professional educator staff a
20professional development program that provides training
21in hybrid learning pedagogy.

22(iv) Monitor the school entity's progress toward its
23stated goals, including student academic achievement,
24throughout the academic year.

25(v) Report the school entity's progress under the
26program, including student academic achievement results,
27to the department beginning on July 30, 2015, and by July
2830 of each year thereafter.

<-29(vi) Develop a plan for sustainability of the hybrid 
30learning opportunities offered to students beyond the
 

1duration of the grant funds.

2(4) (i)  Subject to subparagraphs (ii) and (iii),
3students attending nonpublic schools may receive hybrid
4learning services provided by the intermediate unit in
5which the nonpublic school is located.

6(ii)  The application process established by the
7department under paragraph (2) shall require each
8intermediate unit seeking grant funds under the program
9to do the following:

10(A)  Provide the department with the number of
11nonpublic school students to whom the intermediate
12unit plans to provide hybrid learning services.

13(B)  Describe the hybrid learning services the
14intermediate unit will make available to students.

15(C)  Identify the intermediate unit's goals for
16participation in the program, including the
17intermediate unit's goals for student academic
18achievement and the manner in which student academic
19achievement will be measured.

20(D)  Deliver to its professional educator staff a
21professional development program that provides
22training in hybrid learning pedagogy.

23(E)  Monitor the intermediate unit's progress
24toward its stated goals, including student academic
25achievement, throughout the academic year. Before the
26intermediate unit provides hybrid learning services
27to a nonpublic school student under the program, the
28intermediate unit shall enter into a written
29agreement with the parent or guardian of the
30nonpublic school student indicating the parent's or

1guardian's consent to the student's participation in
2the program and specifying the manner in which the
3student's academic achievement will be measured.

4(F)  Report the intermediate unit's progress
5under the program, including student academic
6achievement results, to the department beginning on
7July 30, 2015, and by July 30 of each year
8thereafter.

<-9(G) Develop a plan for sustainability of the
10hybrid learning opportunities offered to students
11beyond the duration of the grant funds.

12(iii)  Before an intermediate unit makes any decision
13that affects the opportunities for nonpublic school
14students to receive hybrid learning services under the
15program, the intermediate unit shall consult with
16nonpublic schools located within the intermediate unit to
17determine at a minimum:

18(A)  Which general categories of children shall
19receive services.

20(B)  What services shall be provided.

21(C)  How and where the services shall be
22provided.

23(D)  How the services will be evaluated.

24(iv)  Hybrid learning services under the program
25shall be provided directly to nonpublic school students
26by the intermediate unit in the students' homes, in the
27schools which the students attend, in mobile
28instructional units located on the grounds of such
29schools or in any alternative setting mutually agreed
30upon by the school and the intermediate unit, to the

1extent permitted by the Constitution of the United States
2and the Constitution of Pennsylvania.

3(5) The department shall determine the amount of all
4grants awarded under the program.

5(6) School entities and intermediate units receiving
6grants under the program shall apply all grant funds to
7implement the hybrid learning opportunities described in the
8grant application.

9Section 1504-H. Requirements for hybrid learning opportunities.

10The following shall apply:

11(1) Hybrid learning opportunities may be delivered
12outside of a school building in whole or in part using
13technology that may include the Internet, video conferencing
14or other electronic means.

15(2) The time during which a student participates in
16hybrid learning opportunities shall be considered to be
17compliant with the compulsory attendance requirements of
18section 1327.

19(3) School entities offering hybrid learning
20opportunities shall develop policies related to the following
21and post such policies on the school entity's publicly
22accessible Internet website:

23(i) Course grades.

24(ii) Course credit.

25(iii) Student promotion and graduation.

26(iv) Eligibility requirements for student
27participation in hybrid learning opportunities.

28(4) A school entity offering hybrid learning
29opportunities shall ensure that each student enrolled in the
30school entity and participating in hybrid learning

1opportunities is offered at least 990 hours of instruction at
2the secondary level and 900 hours of instruction at the
3elementary level.

4(5)  Intermediate units offering hybrid learning
5opportunities shall develop and post on the intermediate
6unit's publicly accessible Internet website policies related
7to how the intermediate unit and a nonpublic school will
8cooperate concerning the following:

9(i)  Course grades.

10(ii)  Course credit.

11(iii)  Student promotion and graduation.

12(iv)  Eligibility requirements for student
13participation in hybrid learning opportunities.

14(v)  Ensuring that each nonpublic school student
15receiving hybrid learning services from the intermediate
16unit is offered at least 990 hours of instruction at the
17secondary level and 900 hours of instruction at the
18elementary level.

19Section 1505-H. Powers and duties of department.

20The department shall:

21(1) Establish and administer an application process for
22school entities and intermediate units seeking grant funds
23under the program and promulgate guidelines regarding the
24application process and the criteria the department will use
25in reviewing applications.

26(2) Review all applications pursuant to criteria
27established under paragraph (1).

28(3) From funds available for the hybrid learning program
29under section 1503-H(1), award grants to school entities and
30intermediate units satisfying the criteria established under

1paragraph (1) in amounts determined by the department.

2(4) Provide technical assistance as needed to school
3entities and intermediate units receiving grant funding under
4the program.

5(5) Prepare and submit the annual report required under
6section 1506-H.

7Section 1506-H. Annual report.

8By November 30, 2015, and by November 30 of each year
9thereafter, the department shall prepare and submit a report to
10the Governor, the Appropriations Committee of the Senate, the
11Appropriations Committee of the House of Representatives, the
12Education Committee of the Senate and the Education Committee of
13the House of Representatives regarding the effectiveness and
14administration of the hybrid learning program established under
15this article. The report shall, at a minimum, discuss the
16following:

17(1) Whether the hybrid learning program is meeting the
18goal of delivering cost-effective, individualized instruction
19to increase student engagement and improve academic
20performance.

21(2) The measures the department used to measure outcomes
22of the hybrid learning program, including student academic
23performance.

24(3) Individual school entity results from participation
25in the program, as reported to the department pursuant to
26section 1503-H(2)(v).

27(4) The manner in which intermediate units provide
28hybrid learning opportunities to nonpublic school students
29under the program and an assessment of the outcomes of such
30opportunities.

1(5) The overall success of the hybrid learning program.

2(6) Recommendations for modifications to the hybrid
3learning program.

4Section 1507-H. Collective bargaining.

5Nothing contained in this article shall be construed to
6supersede or preempt the rights, remedies and procedures
7afforded to school employees or labor organizations under
8Federal or State law, including the act of July 23, 1970
9(P.L.563, No.195), known as the Public Employe Relations Act, or
10any provision of a collective bargaining agreement negotiated
11between a school entity or an intermediate unit and an exclusive
12representative of the employees in accordance with that act.

13Section 2. This act shall take effect in 60 days.