AN ACT

 

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," in high schools, further providing
6for attendance in other districts.

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

9Section 1. Section 1607(a), (b), (b.1) and (c) of the act of
10March 10, 1949 (P.L.30, No.14), known as the Public School Code
11of 1949, amended or added November 23, 2010 (P.L.1350, No.123),
12June 30, 2012 (P.L.684, No.82) and July 12, 2012 (P.L.1142,
13No.141), are amended to read:

14Section 1607. Attendance in Other Districts.--(a) Except as 
15set forth in subsection (b), pupils residing in a school
16district in which no public elementary school or high school is
17maintained may attend, during the entire term, at the expense of
18the school district of which they are residents, the nearest or
19most conveniently located elementary school or high school of
20such class as they may desire to attend, unless the board of

1school directors of the district of residence shall have
2assigned the pupils to [a] an elementary school or high school
3and adequate transportation is provided thereto. Pupils who
4reside in a school district in which no public high school,
5other than a vocational high school is maintained, may attend,
6during the entire term, the nearest or most conveniently located
7academic high school. In any district which maintains a high
8school whose program of studies terminates before the end of the
9twelfth year, pupils who have satisfactorily completed the
10program of studies there available in other than vocational
11schools or departments, or have completed a program of studies
12equivalent to said program of studies in some other school or
13schools, may attend, at the expense of the school district in
14which they live, and for the purpose of pursuing academic
15studies of a higher grade, the nearest or most conveniently
16located high school of such type as they may desire to attend
17giving further high school work.

18(b) If a third class school district operating under a 
19special board of control pursuant to section 692 has, with the 
20approval of the Secretary of Education, curtailed its 
21educational program by eliminating its elementary school, the 
22school district shall assign the pupils of the elementary school 
23to an elementary school in another school district that has 
24agreed to enroll such pupils on a tuition basis. If a third
25class school district operating under a special board of control
26pursuant to section 692 has, with the approval of the Secretary
27of Education, curtailed its educational program by eliminating
28its high school and has not assigned its high school pupils to
29another school district and provided adequate transportation in
30a manner under subsection (a), the secretary shall have the

1following authority:

2(1) To designate two or more school districts, which shall
3accept on a tuition basis the high school students of the
4distressed school district, so long as a designated school
5district's border is no more than [three (3)] ten (10) miles
6from the border of the distressed school district. The
7designation under this paragraph shall occur no later than
8thirty (30) days after receiving the approval of the secretary
9to curtail its educational program by the elimination of its
10high school, provided, however, that if any school district
11meets the criteria of this subsection on the effective date of
12this subsection, the designation of school districts shall occur
13no later than thirty (30) days after the effective date of this
14subsection.

15(2) To establish a process for the distressed school
16district to use to reassign its high school students to the
17school districts designated under paragraph (1).

18(3) To establish the per-pupil tuition rate that a school
19district designated under paragraph (1) shall receive for each
20reassigned student in a regular or special education program.
21For the 2010-2011 and 2011-2012 school years, the tuition rate
22established under this paragraph may not exceed the product of:

23(i) the tuition rate established for the 2007-2008 school
24year; and

25(ii) the greater of:

26(A) two percent (2%); or

27(B) the percentage increase in total budgeted revenues
28available to a distressed school district.

29(4) For the 2012-2013 school year and each school year
30thereafter, the per pupil tuition rate that a school district

1designated under paragraph (1) shall receive for each reassigned
2student in a regular or special education program shall be the
3greater of ten thousand dollars ($10,000) or the product of:

4(i) the tuition rate established for the prior school year;
5and

6(ii) the greater of:

7(A) the percentage increase in total budgeted revenues
8available to a distressed school district; or

9(B) the index set pursuant to the act of June 27, 2006 (1st
10Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act,"
11for the distressed school district.

12(b.1) (1) The following shall apply to professional and
13temporary professional employes of a school district in which
14pupils have been reassigned to another school district pursuant
15to subsection (b):

16(i) The school district that has eliminated its elementary 
17school or high school shall create a pool comprised of the
18professional [and], temporary professional and educational 
19support professional employes who have received formal notice of
20suspension as a result of the school district's elimination of
21its elementary school or high school program.

22(ii) Employes in the pool created under clause (i) shall be
23offered employment by any school district receiving students who
24have been reassigned pursuant to subsection (b) whenever that
25school district has a vacancy for a position that an employe in
26the pool is certified to fill in the case of professional and 
27temporary professional employes or qualified to fill, in the 
28case of educational support professionals, provided that no
29employe of the school district in which the vacancy exists,
30including a suspended or demoted employe, has a right to such

1vacancy under this act or the collective bargaining agreement of
2that school district.

3(iii) No new employe shall be hired by any school district
4receiving students who have been reassigned pursuant to
5subsection (b) until the position has been offered, in order of
6seniority, to all properly certified members of the pool created
7under clause (i).

8(2) Employes hired from the pool as provided under this
9subsection shall be credited by the hiring school district for
10all sick leave accumulated in the school district that has
11eliminated its elementary school or high school program and
12shall be credited for years of service in the school district
13that has eliminated its elementary school or high school program
14for purposes of salary schedule placement. Temporary
15professional [and], professional and educational support 
16professional employes shall further be credited for their years
17of service in the school district that has eliminated its
18elementary school or high school program for purposes of
19sabbatical leave eligibility, suspension and realignment rights
20and eligibility for any retirement incentives or severance
21payments in a hiring school district.

22(c) A school district [designated under subsection (b)(1)] 
23into which students have been reassigned from another school 
24district pursuant to subsection (b) shall provide transportation
25to reassigned students to [its high] the school to which they 
26are assigned and shall be eligible for transportation
27reimbursement in a manner consistent with section 2541.

28* * *

29Section 2. This act shall take effect in 60 days.