PRINTER'S NO. 261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
354
Session of
2015
INTRODUCED BY BREWSTER, FONTANA AND COSTA, JANUARY 28, 2015
REFERRED TO EDUCATION, JANUARY 28, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in high schools, further providing
for attendance in other districts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1607(a), (b), (b.1) and (c) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, amended or added November 23, 2010 (P.L.1350, No.123),
June 30, 2012 (P.L.684, No.82) and July 12, 2012 (P.L.1142,
No.141), are amended to read:
Section 1607. Attendance in Other Districts.--(a) Except as
set forth in subsection (b), pupils residing in a school
district in which no public elementary school or high school is
maintained may attend, during the entire term, at the expense of
the school district of which they are residents, the nearest or
most conveniently located elementary school or high school of
such class as they may desire to attend, unless the board of
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school directors of the district of residence shall have
assigned the pupils to [a] an elementary school or high school
and adequate transportation is provided thereto. Pupils who
reside in a school district in which no public high school,
other than a vocational high school is maintained, may attend,
during the entire term, the nearest or most conveniently located
academic high school. In any district which maintains a high
school whose program of studies terminates before the end of the
twelfth year, pupils who have satisfactorily completed the
program of studies there available in other than vocational
schools or departments, or have completed a program of studies
equivalent to said program of studies in some other school or
schools, may attend, at the expense of the school district in
which they live, and for the purpose of pursuing academic
studies of a higher grade, the nearest or most conveniently
located high school of such type as they may desire to attend
giving further high school work.
(b) If a third class school district operating under a chief
recovery officer appointed pursuant to section 631-A has, with
the approval of the Secretary of Education, curtailed its
educational program by eliminating its elementary school, the
school district shall assign the pupils of the elementary school
to an elementary school in another school district that has
agreed to enroll such pupils on a tuition basis. If a third
class school district operating under a [special board of
control] chief recovery officer appointed pursuant to section
[692] 631-A has, with the approval of the Secretary of
Education, curtailed its educational program by eliminating its
high school and has not assigned its high school pupils to
another school district and provided adequate transportation in
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a manner under subsection (a), the secretary shall have the
following authority:
(1) To designate two or more school districts, which shall
accept on a tuition basis the high school students of the
distressed school district, so long as a designated school
district's border is no more than [three (3)] ten (10) miles
from the border of the distressed school district. The
designation under this paragraph shall occur no later than
thirty (30) days after receiving the approval of the secretary
to curtail its educational program by the elimination of its
high school, provided, however, that if any school district
meets the criteria of this subsection on the effective date of
this subsection, the designation of school districts shall occur
no later than thirty (30) days after the effective date of this
subsection.
(2) To establish a process for the distressed school
district to use to reassign its high school students to the
school districts designated under paragraph (1).
(3) To establish the per-pupil tuition rate that a school
district designated under paragraph (1) shall receive for each
reassigned student in a regular or special education program.
For the 2010-2011 and 2011-2012 school years, the tuition rate
established under this paragraph may not exceed the product of:
(i) the tuition rate established for the 2007-2008 school
year; and
(ii) the greater of:
(A) two percent (2%); or
(B) the percentage increase in total budgeted revenues
available to a distressed school district.
(4) For the 2012-2013 school year and each school year
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thereafter, the per pupil tuition rate that a school district
designated under paragraph (1) shall receive for each reassigned
student in a regular or special education program shall be the
greater of ten thousand dollars ($10,000) or the product of:
(i) the tuition rate established for the prior school year;
and
(ii) the greater of:
(A) the percentage increase in total budgeted revenues
available to a distressed school district; or
(B) the index set pursuant to the act of June 27, 2006 (1st
Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act,"
for the distressed school district.
(b.1) (1) The following shall apply to professional and
temporary professional employes of a school district in which
pupils have been reassigned to another school district pursuant
to subsection (b):
(i) The school district that has eliminated its elementary
school or high school shall create a pool comprised of the
professional [and], temporary professional and educational
support professional employes who have received formal notice of
suspension as a result of the school district's elimination of
its elementary school or high school program.
(ii) Employes in the pool created under clause (i) shall be
offered employment by any school district receiving students who
have been reassigned pursuant to subsection (b) whenever that
school district has a vacancy for a position that an employe in
the pool is certified to fill in the case of professional and
temporary professional employes or qualified to fill, in the
case of educational support professionals, provided that no
employe of the school district in which the vacancy exists,
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including a suspended or demoted employe, has a right to such
vacancy under this act or the collective bargaining agreement of
that school district.
(iii) No new employe shall be hired by any school district
receiving students who have been reassigned pursuant to
subsection (b) until the position has been offered, in order of
seniority, to all properly certified members of the pool created
under clause (i).
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all sick leave accumulated in the school district that has
eliminated its elementary school or high school program and
shall be credited for years of service in the school district
that has eliminated its elementary school or high school program
for purposes of salary schedule placement. Temporary
professional [and], professional and educational support
professional employes shall further be credited for their years
of service in the school district that has eliminated its
elementary school or high school program for purposes of
sabbatical leave eligibility, suspension and realignment rights
and eligibility for any retirement incentives or severance
payments in a hiring school district.
(c) A school district [designated under subsection (b)(1)]
into which students have been reassigned from another school
district pursuant to subsection (b) shall provide transportation
to reassigned students to [its high] the school to which they
are assigned and shall be eligible for transportation
reimbursement in a manner consistent with section 2541.
* * *
Section 2. This act shall take effect in 60 days.
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