Regular Session 2015-2016 Senate Bill 0850 P.N. 1758

PRINTER'S NO. 1758

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

850

Session of

2015

INTRODUCED BY BROWNE, McGARRIGLE, YAW, BARTOLOTTA,

RESCHENTHALER, GREENLEAF, RAFFERTY, WARD, VULAKOVICH,

SCHWANK, LEACH, DINNIMAN, YUDICHAK, HAYWOOD AND TEPLITZ,

MAY 9, 2016

REFERRED TO EDUCATION, MAY 9, 2016

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," providing for Drug and Alcohol

Recovery High School Pilot Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XIV-A

DRUG AND ALCOHOL RECOVERY HIGH SCHOOL PILOT PROGRAM

Section 1401-A. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"Individualized educational program" or "IEP." An

individualized education program established under 22 Pa. Code

Ch. 14 (relating to special education services and programs).

"Keystone Exam." A student assessment developed and

implemented under section 121.

"Private academic school." A private academic school as

defined in section 2 of the act of January 28, 1988 (P.L.24,

No.11), known as the Private Academic Schools Act, which is

licensed under the requirements of the Private Academic Schools

Act.

"Program." The Drug and Alcohol Recovery High School Pilot

Program established under section 1402-A.

"Recovery high school." The school designated to serve as

the drug and alcohol recovery high school for purposes of the

program under section 1402-A(b) .

"Resident school district." The school district in which a

student enrolled in the recovery high school under the program

resides.

Section 1402-A. Establishment of Drug and Alcohol Recovery High

School Pilot Program.

(a) Pilot program established.--The Drug and Alcohol

Recovery High School Pilot Program is established to provide a

program of instruction in grades 9 through 12 meeting State

academic standards for students who are in recovery from drug or

alcohol abuse or addiction.

(b) Designation.--Within 60 days of the effective date of

this section, the Secretary of Education, in consultation with

the Department of Drug and Alcohol Programs, shall:

(1) Designate, through a request for proposal process, a

facility that satisfies all of the following to serve as the

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recovery high school for purposes of the program:

(i) Is licensed as a private academic school under

the act of January 28, 1988 (P.L.24, No.11), known as the

Private Academic Schools Act.

(ii) Is located in a school district of the first

class.

(iii) Has experience providing drug and alcohol

recovery services.

(iv) Has adopted and follows accreditation standards

and best practices set forth by the Association of

Recovery Schools.

(2) Post notice of the designation on the department's

publicly accessible Internet website.

Section 1403-A. Scope of program and selection of students.

(a) Maximum participation.--Beginning in the 2016-2017

school year, a maximum of 20 students in grades 9 through 12 may

be enrolled in the recovery high school under the program at any

one time.

(b) Vacancies.--If a student enrolled in the recovery high

school under the program withdraws or graduates from the

recovery high school, the vacancy may be filled by another

student.

recovery high school under the program if the following apply:

(1) (i) Subject to subparagraph (ii), the student

resides in a school district of the first class, which

has approved the student's enrollment in the recovery

high school under the program and, with the written

consent of the student's parent or guardian, has applied

for enrollment in the recovery high school on the

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student's behalf.

(ii) If fewer than 20 students residing in a school

district of the first class enroll in the recovery high

school under the program at any time under subparagraph

(i), a student who resides in a school district other

than a school district of the first class may enroll in

the recovery high school under the program if the

student's resident school district has approved the

student's enrollment in the recovery high school under

the program and, with the written consent of the

student's parent or guardian, has applied for enrollment

in the recovery high school on the student's behalf.

(2) The student has at least 30 days of sobriety at the

time of application for enrollment.

(3) The student commits to participate in a recovery

plan, including, but not limited to, school-based drug

testing, as designed by the recovery high school and approved

by the Department of Drug and Alcohol Programs.

(4) The recovery high school approves the student's

enrollment in the recovery high school. A determination by

the recovery high school not to approve a student's

enrollment in the recovery high school may not be appealed to

the department.

(c.1) Approval or disapproval by resident school district.--

Within 30 days after a student's parent or guardian submits a

written request to the resident school district seeking the

student's enrollment in the recovery high school under the

program, the resident school district shall issue written notice

to the parent or guardian approving or disapproving the request.

(d) Hearing.--If a parent or guardian disagrees with a

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resident school district's disapproval of the student's

enrollment in the recovery high school under the program, the

following shall apply:

(1) For a student with an IEP, the due process hearing

requirements of 22 Pa. Code Ch. 14 (relating to special

education services and programs) shall apply.

(2) For a student without an IEP, the resident school

district shall follow a notice and hearing process that the

department shall develop and post on its publicly accessible

Internet website.

(3) If a student's enrollment in the recovery high

school under the program is not approved by the student's

resident school district or if the student's parent or

guardian chooses not to participate in the program

established under section 1402-A, the student's parent or

guardian may pay the student's tuition to enroll in the

recovery high school, provided that the recovery high school

has approved the student's enrollment in the recovery high

school.

Section 1404-A. Academic programs.

(a) Assessments.--The recovery high school shall administer

to all students enrolled in the recovery high school under the

program the Keystone Exams and any other assessments that are

required under 22 Pa. Code Ch. 4 (relating to academic standards

and assessment). Student scores on Keystone Exams and any other

required assessments shall be attributed to the student's

resident school district for purposes of compliance with the

Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802).

(b) Certification.--At least 75% of the professional staff

members of the recovery high school shall hold appropriate State

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certification, provided that all professional staff members of

the recovery high school who are responsible for providing

special education services to students enrolled in the recovery

high school under the program shall hold appropriate State

certification in special education.

school is subject to an IEP, the recovery high school must be

licensed to provide any services required to be provided under

the student's IEP.

Section 1405-A. Establishment and payment of tuition.

(a) Tuition rate.--No later than June 30 of each year, the

department shall establish a per-student regular education

tuition rate for each student enrolled in the recovery high

school under the program, provided that the recovery high school

may not set a per-student regular education tuition rate for

students enrolled in the recovery high school who are not

participants in the program that is lower than the per-student

regular education tuition rate established for students enrolled

in the recovery high school under the program. The per-student

regular education tuition rate for students enrolled in the

recovery high school under the program shall be determined as

follows:

(1) For the 2016-2017 school year, the per-student

regular education tuition rate for each student enrolled in

the recovery high school under the program shall be $20,000.

(2) Beginning in the 2017-2018 school year, and in each

school year thereafter, annual adjustments to the amount set

forth in paragraph (1) shall be made as follows:

(i) The Department of Labor and Industry shall

determine the percentage change in the Consumer Price

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Index for All Urban Consumers: All Items (CPI-U) for the

United States City Average as published by the United

States Department of Labor, Bureau of Labor Statistics,

for the 12-month period ending September 30, 2016, and

for each successive 12-month period thereafter.

(ii) If the Department of Labor and Industry

determines that there is no positive percentage change,

then no adjustment to the amount set forth in paragraph

(1) shall occur for the relevant time period.

(iii) (A) If the Department of Labor and Industry

determines that there is a positive percentage change

in the first year that the determination is made

under subparagraph (i), the positive percentage

change shall be multiplied by the amount set forth in

paragraph (1), and the product shall be added to the

amount set forth in paragraph (1), and the sum shall

be the preliminary adjusted per-student tuition rate.

(B) The preliminary adjusted per-student tuition

rate shall be rounded to the nearest $100 to

determine the final adjusted per-student tuition

rate.

(iv) In each successive year in which there is a

positive percentage change in the CPI-U for the United

States City Average, the positive percentage change shall

be multiplied by the most recent preliminary per-student

tuition rate, and the product shall be added to the

preliminary adjusted per-student tuition rate of the

prior year to calculate the preliminary adjusted per-

student tuition rate for the current year. The sum

thereof shall be rounded to the nearest $100 to determine

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the new final adjusted per-student tuition rate.

(v) The determinations and adjustments required

under this subparagraph shall be made in the period

between April 1, 2017, and April 30, 2017, and annually

between April 1 and April 30 of each year thereafter.

(vi) The final adjusted per-student tuition rates

obtained under subparagraphs (iii) and (iv) shall become

effective July 1 for the school year following the year

in which the determination required under this paragraph

is made.

(vii) The department shall publish notice in the

Pennsylvania Bulletin prior to July 1 of each year of the

annual percentage change determined under subparagraph

(i) and the unadjusted or final adjusted per-student

tuition rate determined under subparagraphs (iii) and

(iv) for the school year following the year in which the

per-student tuition rate is determined. The notice shall

include a written and illustrative explanation of the

calculations performed by the department in establishing

the unadjusted or final adjusted per-student tuition rate

under this section for the ensuing calendar year.

(viii) The annual increase in the preliminary

adjusted per-student tuition rate determined under

subparagraphs (iii) and (iv) shall not exceed 3%.

(b) Payment of regular education tuition rate.--

(1) The department shall pay 60% of the per-student

regular education tuition rate established under subsection

(a) for each student enrolled in the recovery high school

under the program.

(2) The resident school district of each student

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enrolled in the recovery high school under the program shall

pay the amount of the per-student tuition rate established

under subsection (a) that remains following payment by the

department under paragraph (1).

recovery high school under the program who is subject to an IEP,

the student's resident school district shall pay the amount

required under subsections (a) and (b) and do one of the

following:

(1) provide the student with special education services

required under the student's IEP, at the resident school

district's cost; or

(2) make payment to the recovery high school for special

education services provided to the student by the recovery

high school.

Section 1406-A. Term of Drug and Alcohol Recovery High School

Pilot Program.

(a) Enrollment of new students.--Unless the program is

permanently established by action of the General Assembly, the

recovery high school shall not enroll new students under the

program after June 30, 2020.

(b) Continued enrollment.--If the program is not permanently

established by action of the General Assembly on or before June

30, 2020, a student enrolled in the recovery high school under

the program as of June 30, 2020, may remain enrolled in the

recovery high school under the program until the earlier of the

following:

(1) The student's graduation from the recovery high

school.

(2) The student's withdrawal from the recovery high

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school.

(3) The student's completion of four years of enrollment

in the recovery high school under the program.

Section 1407-A. Reporting.

(a) Report by recovery high school.--By August 31, 2018, and

by August 31 of each year thereafter, the recovery high school

shall submit annually to the Secretary of Education, the

Secretary of Drug and Alcohol Programs, the chairperson and

minority chairperson of the Education Committee of the Senate,

the chairperson and minority chairperson of the Education

Committee of the House of Representatives, the chairperson and

minority chairperson of the Public Health and Welfare Committee

of the Senate and the chairperson and minority chairperson of

the Health Committee of the House of Representatives a written

report concerning the program. The report shall include, but not

be limited to, all of the following, subject to the requirements

of the Family Educational Rights and Privacy Act of 1974 (Public

Law 90-247, 20 U.S.C. § 1232g) and to the extent such reporting

does not reveal identifying information concerning any

individual student:

(1) The number of students who:

(i) Enrolled in the recovery high school under the

program for the preceding reporting period.

(ii) Requested enrollment in the recovery high

school under the program but were denied participation in

the program for the preceding reporting period.

(iii) Enrolled in the recovery high school but who

were not participants in the program for the preceding

reporting period.

(2) The number and percentage of students enrolled in

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the recovery high school during the previous reporting period

to whom each of the following apply, reported separately

based on whether or not the students were participants in the

program:

(i) Earned a high school diploma from the recovery

high school.

(ii) Withdrew from the recovery high school and

requested transfer of educational records to another

school.

(iii) Withdrew from the recovery high school without

requesting transfer of educational records to another

school.

(iv) Maintained enrollment in the recovery high

school in good standing.

(3) A narrative description of the academic outcomes for

students enrolled in the recovery high school, including

aggregate Keystone Exam results, reported separately based on

whether or not the students were participants in the program.

(4) A narrative description of student success in

managing issues concerning drug or alcohol abuse or

addiction, reported separately based on whether or not the

students were participants in the program.

(5) Recommendations for improvements to the program.

(6) Any information regarding the program that the

recovery high school determines would be useful to the

General Assembly, the Department of Education and the

Department of Drug and Alcohol Programs in determining

whether changes to the program are necessary and whether the

program should be continued.

(b) Report by Department of Education and Department of Drug

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and Alcohol Programs.--By December 31, 2019, the Department of

Education and the Department of Drug and Alcohol Programs,

jointly, shall submit to the chairperson and minority

chairperson of the Education Committee of the Senate, the

chairperson and minority chairperson of the Education Committee

of the House of Representatives, the chairperson and minority

chairperson of the Public Health and Welfare Committee of the

Senate and the chairperson and minority chairperson of the

Health Committee of the House of Representatives a written

report assessing the success of the program and making

recommendations regarding the possible extension and expansion

of the program, including a proposed timeline for any potential

expansion.

Section 1408-A. Audit required.

The recovery high school shall submit annually to the

Secretary of Education, the Secretary of Drug and Alcohol

Programs, the chairperson and minority chairperson of the

Education Committee of the Senate, the chairperson and minority

chairperson of the Education Committee of the House of

Representatives, the chairperson and minority chairperson of the

Public Health and Welfare Committee of the Senate and the

chairperson and minority chairperson of the Health Committee of

the House of Representatives a complete certified audit of the

recovery high school's participation in the program. The audit

shall be conducted by a qualified independent certified public

accountant under generally accepted audit standards of the

Governmental Accounting Standards Board.

Section 2. This act shall take effect immediately.

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