19490014ua

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.

19490014uc

 

TABLE OF CONTENTS

 

ARTICLE I.

PRELIMINARY PROVISIONS.

 

Section 101.  Short Title and Effective Date.

Section 102.  Definitions.

Section 103.  Excluded Provisions.

Section 104.  Saving Clause.

Section 105.  Right of Appeal Saved.

Section 106.  Publication of Notices, etc.; Proofs of Publication.

Section 107.  Compensation for Services or Additional Services.

Section 108.  Religious or Political Tests, etc., Prohibited.

Section 109.  Disposition of Fines.

Section 110.  Official Visitors Access to Public Schools.

Section 111.  Criminal History of Employes and Prospective Employes; Conviction of Certain Offenses.

Section 112.  Report of Racial and Ethnic Groupings.

Section 113.  Study of Public Schools that Provide Internet Instruction.

Section 114.  Report of Graduate Rates for Certain Colleges and Universities.

Section 115.  Optometric Externs.

Section 116.  Technical Assistance and Information Provided by Department of Education.

Section 117.  Prohibition of Certain Regulations for the 2008-2009 Fiscal Year.

Section 118.  Collection of Identifying Information of Students Attending Institutions of Higher Education.

Section 119.  Adjustments Based on Consumer Price Index (Repealed).

Section 120.  Adjustments Based on Consumer Price Index.

Section 121.  Keystone Exams.

Section 122.  Special Education Funding Commission.

Section 123.  Basic Education Funding Commission.

 

ARTICLE II.

SCHOOL DISTRICTS.

 

(a)  Designation and Classification.

 

Section 201.  How Constituted.

Section 202.  Classification.

Section 203.  Creation of New Cities, Boroughs, and Townships.

Section 204.  Basis for and Change of Classification.

Section 205.  Change of Class; How Effected.

 

(b)  Powers and Duties, etc.

 

Section 211.  General Powers of Districts.

Section 212.  Corporate Seal.

Section 213.  Right to Sue and be Sued.

Section 214.  Competency as Witnesses.

Section 215.  Conveyances by Districts.

Section 216.  Gifts to Districts; Investment Accounts.

Section 217.  Unlawful Gifts.

Section 218.  Reports to Department of Education.

Section 219.  National Assessment Tests.

Section 220.  State Report Card.

Section 221.  Value-added Assessment System.

Section 221.1 Moratorium on Certain Data Collection Systems and Data Sets.

Section 222.  Drop-out Data Collection.

Section 223.  Certified Safety Committees.

 

(c)  Changes in District.

 

Section 224.  Combination of School Districts.

Section 225.  Property and Indebtedness and Rental Obligations of Former Component School Districts.

Section 226.  Change in Districts; When Effective.

Section 227.  Filing Copy of Action Creating New District, or Affecting Fourth Class District, with Superintendent of Public Instruction.

Section 228.  Approval or Disapproval of Creation or Change of Third or Fourth Class Districts.

Section 229.  Annexation to District of First Class.

Section 230.  Approval of Contracts and Changes after Vote for Annexation.

Section 231.  Tax Levy or Debt for Buildings or Grounds Pending Change of Boundaries, etc.

Section 232.  Special Tax Directed by Court.

Section 233.  Small District Assistance after Combination of School Districts.

 

(d)  Independent Districts.

 

Section 241.  Creation of Independent Districts (Repealed).

Section 242.  Approval of Fourth Class Districts; Adjustment of Indebtedness; Costs (Repealed).

Section 242.1. Establishment of Independent Districts for Transfer of Territory to Another School District.

Section 243.  Abolition of Independent Districts (Repealed).

 

(e)  Union Districts.

 

Section 251.  How Formed (Repealed).

Section 252.  Return of Election (Repealed).

Section 253.  When Established; Classification (Repealed).

Section 254.  Liabilities and Property of Component Districts (Repealed).

Section 255.  Validation of Certain Union School Districts (Repealed).

 

(f)  Merger of Districts.

 

Section 261.  Standards and Regulations; Approval of Plans (Repealed).

Section 262.  County-Wide Plans for Merger, etc. (Repealed).

Section 263.  Petitions and Elections for Mergers; Returns; When Effective (Repealed).

Section 263.1. Mergers; Voting; Partial Mergers (Repealed).

Section 264.  Merged Districts; Assets and Liabilities (Repealed).

 

(g)  Apportionment of Property and Indebtedness.

 

Section 271.  Amicable Adjustment and Apportionment.

Section 272.  Apportionments; How and When Made.

Section 273.  Apportionment by Commissioners.

Section 274.  Confirmation of Report; Effect; Costs.

Section 275.  Court to Dispose of Exceptions.

Section 276.  Apportionment by Bill in Equity.

Section 277.  Districts in More Than One County.

 

(h)  Reorganization of School Districts

(Repealed)

 

Section 281.  Standards for Organization of Administrative Units (Repealed).

Section 282.  Submission of Plans (Repealed).

Section 283.  Approval of Plans (Repealed).

Section 284.  Disapproval of Plans (Repealed).

Section 285.  Department of Public Instruction to Prepare Plans (Repealed).

Section 286.  Establishment of Reorganized School Districts (Repealed).

 

(i)  Reorganization.

 

Section 290.  Purpose; Construction of Subdivision.

Section 290.1. Educational Performance Standards.

Section 291.  Standards for Organization of Administrative Units.

Section 292.  Submission of Plans.

Section 292.1. Independent Districts.

Section 293.  Approval of Plans.

Section 293.1. Independent Districts.

Section 293.2. Consolidation of Municipalities.

Section 294.  Disapproval of Plans.

Section 295.  Department of Public Instruction to Prepare Plans.

Section 296.  Establishment of Reorganized School Districts.

Section 297.  Advance Establishment.

Section 298.  Property and Indebtedness and Rental Obligations of Former School Districts.

 

ARTICLE III.

SCHOOL DIRECTORS.

 

Section 301.  Board of Directors; Election or Appointment.

Section 302.  Number and Appointment in Districts First Class and First Class A; Reorganized District of First Class A Containing Former Districts of Second, Third or Fourth Class: Terms of Office.

Section 302.1. School Board in First Class A School Districts; Apportionment of Seats, and Numbers, Terms, and Methods for Election of School Directors in First Class A School Districts.

Section 303.  Number and Election in Districts of the Second, Third and Fourth Classes; Terms of Office.

Section 303.1. Incumbent School Directors and Interim Operating Committee.

Section 304.  Number and Election in Districts Third Class; Terms of Office.

Section 305.  Number and Election in Districts Fourth Class; Terms of Office.

Section 306.  Elections Where District Not Coextensive With, or in More than One City, Borough, Town or Township.

Section 307.  Newly Formed Districts.

Section 308.  Elections or Appointments in Newly Formed Districts.

Section 309.  Change of Class of Districts.

Section 310.  Annexation of Territory.

Section 311.  Appointment or Election in Independent Districts; Terms of Office (Repealed).

Section 311.1. Appointment in Independent Districts for Transfer Purposes; Terms of Office.

Section 312.  Union and Merged Districts (Repealed).

Section 313.  Merged Districts (Repealed).

Section 314.  Two or More Persons Receiving Same Number of Votes.

Section 315.  Filling of Vacancies.

Section 316.  Vacancies in Majority of Members.

Section 317.  Vacancies in All Members.

Section 318.  Removal for Failure to Organize or Neglect of Duty.

Section 319.  Vacancy where Director Fails to Qualify or Attend Meetings.

Section 320.  Notification of Election.

Section 321.  Compensation; Oath of Office.

Section 322.  Eligibility; Incompatible Offices.

Section 323.  Ineligibility.

Section 324.  Not to be Employed by or do Business with District; Exceptions.

Section 325.  Offering Bribes; Penalty.

Section 326.  Receiving Bribes; Penalty.

Section 327.  Demanding, etc., Gratuities from Teachers or Supervisors; Withholding State Appropriation.

 

ARTICLE IV.

ORGANIZATION MEETINGS AND OFFICERS

OF BOARDS OF SCHOOL DIRECTORS.

 

(a)  General Provisions.

 

Section 401.  Beginning of School Year; Organization Meetings.

Section 402.  Notice of Organization Meetings; Temporary

Officers; etc.

Section 403.  Districts First Class and First Class A Permanent Organization; Election of Officers.

Section 404.  Districts Second, Third and Fourth Class Permanent Organization; Election of Officers.

Section 405.  President or Secretary Pro Tempore.

Section 406.  Solicitor and Other Appointees.

Section 407.  Rules and Regulations.

Section 408.  Records, etc., Open to Taxpayers.

Section 409.  Payment of Premiums on Officers' Bonds by School Districts.

 

(b)  Meetings.

 

Section 421.  Times and Places.

Section 422.  Quorum; Filling Vacancies.

Section 423.  Special Meetings.

Section 424.  Meetings Open to Public (Repealed).

 

(c)  President and Vice-President.

 

Section 426.  President to Preside; Calling Special Meetings.

Section 427.  Duties of President.

Section 428.  Duties of Vice-President.

 

(d)  Secretary.

 

Section 431.  Bond.

Section 432.  Compensation.

Section 433.  Duties.

Section 434.  Assistant Secretary.

 

(e)  Treasurer.

 

Section 436.  Bond.

Section 437.  Audit of Accounts.

Section 438.  Compensation.

Section 439.  Receipt and Payment of School Funds.

Section 440.  Deposit of Funds; Monthly Reports.

Section 440.1. Investment of School District Funds.

Section 441.  Settlement of Accounts.

Section 442.  Other Duties; Payment of Balance to Successor.

Section 443.  Embezzlement; Penalty.

 

ARTICLE V.

DUTIES AND POWERS OF BOARDS

OF SCHOOL DIRECTORS.

 

Section 501.  Elementary Schools.

Section 502.  Additional Schools and Departments.

Section 502.1. Establishment of Independent Schools.

Section 503.  Kindergartens.

Section 504.  Cafeterias.

Section 504.1. Competitive Food or Beverage Contracts.

Section 505.  Establishment and Maintenance of Consolidated Schools.

Section 506.  Duty to Consolidate Schools.

Section 507.  General Powers; Taxation.

Section 508.  Majority Vote Required; Recording.

Section 509.  Supervision over Schools; Visitation (Repealed).

Section 510.  Rules and Regulations; Safety Patrols.

Section 510.1. Special School Watchmen-School Districts in Townships of the Second Class.

Section 511.  School Athletics, Publications, and Organizations.

Section 512.  Advertising for Bids in Trade Journals (Repealed).

Section 513.  Group Insurance Contracts.

Section 514.  Removal of Officers, Employes, etc.

Section 515.  Rights and Powers Preserved.

Section 516.  State Convention or Association; Delegates; Expenses; Membership.

Section 516.1. Expenses for Attendance at Meetings of Educational or Financial Advantage to District.

Section 517.  Attendance of Superintendents, etc., at Educational Conferences, and of Pupils at State Farm Show, etc.; Expenses.

Section 518.  Retention of Records.

Section 519.  Copies of School Laws.

Section 520.  Temporary Emergency War Provisions.

Section 520.1. Temporary Emergency Provisions.

Section 521.  Joint Action with Other Political Subdivisions.

Section 522.  Payments of Salaries of Professional Employes Granted Leaves of Absence as Exchange Teachers Authorized; Rights Preserved.

Section 522.1. Payments of Contributions to the School Employes' Retirement Fund on Account of School Employes on Approved Leaves of Absence for Professional Study Authorized; Service Credits.

Section 522.2. Classroom Occupational Exchange.

Section 523.  Educational Broadcasting.

Section 524.  (This section has no heading.)

Section 525.  Establishment and Operation of Educational Television and Broadcasting Facilities.

Section 526.  Funds for Traffic Control Devices.

Section 527.  Drug Law Convictions.

 

ARTICLE VI.

SCHOOL FINANCES.

 

(a)  General Provisions.

 

Section 601.  Information to Incoming Directors for Tax Levy and Budget.

Section 602.  Tax Levies.

Section 603.  Only One Annual Tax Levy.

Section 604.  Property Acquired by State for Water Conservation or Flood Prevention.

Section 605.  Affidavit of Uncollectability of Taxes on Real Property.

Section 606.  Collection of Taxes Where New District Created.

Section 607.  Payments; How Made; Limitations.

Section 608.  Liability for Improper School Orders.

Section 609.  Budgeted Funds not to be Used for Other Purposes or Exceeded.

Section 610.  Use of School Funds; Illegal Use.

Section 611.  Enforcement of Judgments Against School Districts.

Section 612.  Counsel Fees on Appeals from County Auditors'  Reports.

Section 613.  Management Information Reports.

Section 614.  Certain Budget Timelines (Expired).

Section 615.  Reopening of 2011-2012 Budget.

Section 616.  Reopening of 2012-2013 Budget.

Section 616.1. Reopening of School District Annual Budget.

Section 617.  Intergovernmental Agreements for School Security and Safety.

 

(b)  School Depositories.

 

Section 621.  Designation of Depositories; Bond.

Section 622.  Collateral in Lieu of Bond.

Section 623.  Insurance of Deposits of Funds.

Section 624.  Monthly Reports by Depositories.

Section 625.  Deposit of School Funds; Treasurer Relieved of Liability; School Orders.

 

(c)  Indebtedness.

 

Section 631.  Power to Incur Debt; Limitations.

Section 632.  Assent of Electors; When Necessary and When Not Necessary.

Section 633.  Reports to Secretary of Education; Withholding State Appropriations.

Section 634.  Temporary Debt.

Section 635.  Limit on Temporary Debt for Current Expenses and Debt Service.

Section 636.  Emergency Loans for Current Expenses and Debt Service.

Section 636.1. Approval of Unfunded Debt in Certain Distressed School Districts.

Section 637.  Limit on Temporary Debt for Permanent Improvements, etc.; Tax Levy.

Section 638.  Temporary Debt for Permanent Improvements, etc.; Payment (Repealed).

Section 639.  Limit on Temporary Debt in Anticipation of Proceeds of Bond Issue; Payment.

Section 640.  Borrowing in Anticipation of Current Revenue.

 

(d)  First Class School District.

 

Section 651.  Fiscal Year.

Section 652.  Tax Levy; Purposes; Limitations.

Section 652.1. Taxing Power of Elected Board of Public Education of School Districts of the First Class A.

Section 652.2. Appeals by Taxpayers.

Section 653.  Tax Levy for Indebtedness of Prior Districts.

Section 654.  Tax Rates to be Expressed in Dollars and Cents.

Section 655.  Property Taxable.

Section 655.1. Tax on Owners of Ground Rents.

Section 656.  Certification of Assessments.

Section 657.  Certification of Levy; Collection.

Section 658.  Bond of Collector; Neglect to Furnish.

Section 659.  Compensation; Stationery; Books; Clerks.

Section 660.  Monthly Reports; Payment of Taxes Collected.

Section 661.  Annual Reports.

Section 662.  Liens of Unpaid Taxes.

Section 663.  Per Capita Tax; Districts First Class Less than 1,500,000 Population (Repealed).

Section 664.  Annual Budget; Advertising; Public Hearing.

Section 665.  Emergency Appropriations.

Section 666.  Limit of Indebtedness.

 

(e)  Second, Third and Fourth Class School

Districts.

 

Section 671.  Fiscal Year.

Section 672.  Tax Levy; Limitations.

Section 672.1. School Districts Lying in More Than One County or in More Than One Municipality; Limitation on Total Tax Revenues.

Section 672.2. School Districts Lying in More Than One County; Tax Levy on Occupations.

Section 673.  Tax Rates to be Expressed in Dollars and Cents.

Section 674.  Property Subject to Tax; Districts Second Class.

Section 675.  Certification of Assessments, etc.; Districts Second Class.

Section 676.  Property Subject to Tax; Districts Third and Fourth Class.

Section 677.  Certification of Assessments, etc.; Districts Third and Fourth Class.

Section 677.1. Additions and Revisions to Duplicates.

Section 678.  Duplicates to Include Certain Territory.

Section 679.  Per Capita Taxes.

Section 680.  List of Residents for Per Capita Tax Purposes.

Section 680.1. Temporary Continuance of Tax on Landfill or Resource Recovery Facilities.

Section 681.  Certification of Levy.

Section 682.  Tax Duplicates and Warrants.

Section 683.  Appointment of Tax Collector in Certain Cases.

Section 684.  Bond of Appointed Collectors.

Section 685.  Disqualification for Reappointment, etc.

Section 686.  Delinquent Taxes; Appointment of Collector; etc.

Section 687.  Annual Budget; Additional or Increased Appropriations; Transfer of Funds.

Section 688.  Limitations on Certain Unreserved Fund Balances.

 

(f)  Capital Reserve Fund for School Building

Project Programs Approved by the Department

of Public Instruction.

 

Section 690.  Creation of Capital Reserve Fund for Approve

School Building Project Programs.

Section 691.  Investment of Fund; Budget; Record.

Section 692.  Expenditure of Fund.

 

(f)  Distressed School Districts.

 

Section 691.  When District Distressed.

Section 692.  Special Board of Control; Petition; Appointments (Repealed).

Section 692.1. When No Appointment Is Made (Repealed).

Section 692.2. Compensation of Special Board of Control (Repealed).

Section 693.  Powers of Special Board of Control.

Section 694.  Additional Tax (Repealed).

Section 695.  School Directors to Remain in Office; Elections (Repealed).

Section 696.  Distress in School Districts of the First Class.

Section 697.  Educational Assessment Center.

 

ARTICLE VI-A

SCHOOL DISTRICT FINANCIAL RECOVERY

 

(a)  Preliminary Provisions

 

Section 601-A.  Scope of article.

Section 602-A.  Definitions.

 

(b)  School District Financial Watch

 

Section 611-A.  Early warning system.

 

(c)  School District Financial Recovery

 

(i)  Declaration of School District

Financial Recovery Status

 

Section 621-A.  Issuance of declaration.

Section 622-A.  Commitment to ensure delivery of effective educational services.

Section 623-A.  School directors to remain in office and elections.

Section 624-A.  Termination of status.

Section 625-A.  Transition period.

Section 626-A.  Technical assistance.

 

(ii)  Chief Recovery Officer

 

Section 631-A.  Appointment.

Section 632-A.  Compensation.

Section 633-A.  Powers and duties.

Section 634-A.  Access to information.

Section 635-A.  Public and private meetings.

 

(iii)  Financial Recovery Plan

 

Section 641-A.  Contents.

Section 642-A.  Powers and duties.

Section 643-A.  Financial recovery plan not affected by certain collective bargaining agreements or settlements

 

(iv)  Process for Moderate Financial

Recovery School Districts

 

Section 651-A.  Applicability.

Section 652-A.  Development and approval of plan.

Section 653-A.  Implementation of financial recovery plan.

Section 654-A.  Advisory committee.

 

(v)  Process for Severe Financial

Recovery School Districts

 

Section 661-A.  Applicability.

Section 662-A.  Vote to proceed.

Section 663-A.  Development and approval of plan.

Section 664-A.  Implementation of financial recovery plan.

 

(vi)  Receivership

 

Section 671-A.  Appointment of receiver.

Section 672-A.  Powers and duties.

Section 673-A.  Effect of appointment of receiver.

Section 674-A.  Vacancy and revocation.

Section 675-A.  Termination of receivership.

Section 676-A.  Transition period.

 

(vii)  Financial Recovery

Transitional Loan Program

 

Section 681-A.  Program.

Section 682-A.  Loan procedure.

Section 683-A.  Limitations.

 

(viii)  Miscellaneous Provisions

 

Section 691-A.  Applicability.

Section 692-A.  Bankruptcy prohibited.

Section 693-A.  Termination of special board of control.

 

ARTICLE VII.

GROUNDS AND BUILDINGS.

 

(a)  Duty to Provide; Acquisition and

Disposition of Property.

 

Section 701.  Duty to Provide; Conditions.

Section 701.1. Referendum or Public Hearing Required Prior to Construction or Lease.

Section 702.  Location and Amount of Land; Playground.

Section 703.  Acquisition of Buildings, Sites for School Buildings and Playgrounds, and Disposing Thereof.

Section 703.1. Lease of Buildings or Portions of Buildings

Constructed or Altered for School Use.

Section 704.  Acquisition and Disposition of Property in Other District; Freedom from Taxation.

Section 705.  Residences for Teachers and Janitors.

Section 706.  Parks; Playgrounds; etc.

Section 707.  Sale of Unused and Unnecessary Lands and Buildings.

Section 708.  Abandonment of Property.

Section 709.  Lease of Unused and Unnecessary Lands and Buildings.

 

(b)  Eminent Domain.

 

Section 721.  Condemnation of Land.

Section 722.  Security for Damages; Fee Simple Title.

Section 723.  Appointment of Viewers; Notice.

Section 724.  Duties of Viewers; Report; Notice.

Section 725.  Confirmation of Report.

Section 726.  Payment of Damages into Court.

Section 727.  Exceptions and Appeals.

Section 728.  Costs.

 

(c)  Specific Requirements.

 

Section 731.  Approval by Department of Plans, etc., of Buildings; Exceptions.

Section 731.1. Approval of Lease Agreements.

Section 732.  Plans, etc., Furnished by State Council of Education (Repealed).

Section 732.1. Limitation on New Applications for Department of Education Approval of Public School Building Projects.

Section 733.  Standards of State Board of Education.

Section 734.  Heating and Ventilating Standards (Repealed).

Section 735.  Advisory Committee on Standards.

Section 736.  Heating Stoves to be Shielded.

Section 737.  Ventilation; Thermometer.

Section 738.  Fireproof Construction.

Section 739.  Doors to Open Outward; Fire Escapes; etc.

Section 740.  Water-closets or Out-houses.

Section 741.  Substrata Evaluation.

 

(d)  Contracts.

 

Section 751.  Work to be Done Under Contract Let on Bids; Exception.

Section 751.1. Architects and Engineers Employed Prohibited From Bidding on Public Works; Penalty.

Section 752.  Contracts to Require Competent Workmen.

Section 753.  Stipulations for Minimum Wages.

Section 754.  Contracts to Provide for Resident Workmen; Penalty (Repealed).

Section 755.  Contracts to Prohibit Discrimination Against Race, Creed or Color; Penalty (Repealed).

Section 756.  Additional Bond for Payment of Labor, Materials, etc.

Section 757.  Actions by Sub-Contractors, etc., on Performance Bonds.

Section 758.  Appropriations to Nonprofit Corporations for Constructing School Buildings.

Section 759.  Appropriations to Nonprofit Corporations for Athletic Stadia, etc.

Section 760.  Completion of Abandoned WPA Projects, Districts Third and Fourth Class.

 

(e)  General Provisions.

 

Section 771.  Display of United States Flag; Development of Patriotism.

Section 772.  Condition of Grounds; Shade Trees.

Section 772.1. Integrated Pest Management Programs.

Section 772.2. Notification of Pesticide Treatments at Schools.

Section 773.  Contracts for Light, Heat or Water; Acquiring Water Supply; Condemnation; Tapping District Water Lines.

Section 774.  Insurance on Buildings; Public Liability Insurance for Employes; Purchase of Insurance From Employes, etc.

Section 775.  Use of School Buildings for Other Purposes; Arrangements with City, Borough or Township.

Section 776.  School Property Exempt from Taxation and Municipal Assessments; Exception.

Section 776.1. Child-Day Care Centers in School Buildings.

Section 777.  Defacing, Injuring or Destroying Property Used for School Purposes; Penalty.

Section 778.  School Police Officers.

Section 779.  Vehicle Rules and Regulations and Penalties for Violations.

Section 780.  Public Hearing Prior to Closing School.

 

(f)  State Public School Building Authority.

 

Section 781.  Grants to State Public School Building Authority.

Section 782.  Acquisition of Lands; Bond Issues.

Section 783.  Appropriations; Use of Proceeds of Bond Issues.

Section 784.  Contracts to Lease and Leases; Operation and Maintenance.

Section 784.1. Financing for School Building Property.

Section 784.2. Contracts for Lease or Purchase of Educational Telecommunications and Distance Learning Equipment and Facilities and for Installation, Operation and Maintenance.

Section 784.3. Center.

Section 785.  Failure to Pay Rent or Make Payments; Withholding Appropriation.

Section 786.  Joint Action of Districts.

 

(g)  Municipality Authorities.

 

Section 790.  Grants, Conveyances, Appropriations to, Contracts with, and Leases from, Municipality Authorities.

 

(h)  Other Means of Financing.

 

Section 791.  Grants, Conveyances, Appropriations to, Contracts with, and Leases from, Profit or Nonprofit Corporations, Partnerships, Associations, or Persons.

 

ARTICLE VIII.

BOOKS, FURNITURE AND SUPPLIES.

 

Section 801.  Purchases; Use in Schools; Rules and Regulations.

Section 802.  Period of Use of Textbooks (Repealed).

Section 803.  Time and Manner of Adopting and Furnishing Textbooks and Supplementary Books.

Section 804.  Use of School Books During Vacations.

Section 805.  Classes of School Supplies; Purchasing Agent (Repealed).

Section 806.  Purchase of Supplies of the First Class, Costing $100 or More (Repealed).

Section 807.  Purchase of Supplies of the Second Class, Costing $300 or More (Repealed).

Section 807.1. Purchase of Supplies.

Section 808.  Employe of District as Agent.

Section 809.  Giving or Offering Bribes; Penalty.

Section 810.  Seeking or Receiving Bribes; Penalty.

 

ARTICLE IX.

SCHOOL DIRECTORS' ASSOCIATIONS AND COUNTY

BOARDS OF SCHOOL DIRECTORS.

 

(a)  School Directors' Associations.

 

Section 901.  Conventions and Special Meetings (Repealed).

Section 902.  Notice and Place of Convention (Repealed).

Section 903.  Expenses at Annual Conventions and Special Meetings (Repealed).

Section 904.  Officers (Repealed).

Section 905.  Executive Committee (Repealed).

Section 906.  Auditors (Repealed).

Section 907.  Ex-officio Members of Executive Committee (Repealed).

Section 908.  Payment of Expenses by County (Repealed).

 

(b)  County Boards of School Directors.

 

Section 921.  Elections; Vacancies; Qualifications; Removals (Repealed).

Section 922.  Election of Officers (Repealed).

Section 923.  Meetings; Filling of Vacancies (Repealed).

Section 924.  Expenses of Members; Telephone, etc., Services (Repealed).

Section 925.  Powers and Duties.

Section 926.  Chief Executive Officer; Powers and Duties (Repealed).

Section 927.  Audits (Repealed).

Section 928.  Bond of Treasurer (Repealed).

Section 929.  Compensation of the Secretary and Treasurer (Repealed).

Section 930.  Professional and Temporary Professional Employes (Repealed).

 

ARTICLE IX-A.

INTERMEDIATE UNITS.

 

Section 901-A. Establishment of Intermediate Units.

Section 902-A. Arrangement of School Districts Into Intermediate Units.

Section 903-A. Transfer of Membership.

Section 904-A. Merger of Intermediate Units.

Section 905-A. Regulations.

Section 906-A. Program of Services.

Section 907-A. Subsidies for Services.

Section 908-A. Special Pupil Services.

Section 909-A. Vocational-Technical Education.

Section 910-A. Intermediate Unit Board of Directors.

Section 911-A. Conventions.

Section 912-A. Election of Officers.

Section 913-A. Staff.

Section 914-A. Powers and Duties of the Intermediate Unit Board of Directors.

Section 914.1-A. Contracts with Private Residential Rehabilitative Institutions; Certain Criteria in Department Audits.

Section 915-A. Powers and Duties of Executive Director.

Section 916-A. Intermediate Unit Council.

Section 917-A. Allocations (Repealed).

Section 917.1-A. Commonwealth Payments.

Section 918-A. General Operating Subsidy.

Section 919-A. Capital Subsidy (Repealed).

Section 919.1-A. Capital Subsidy.

Section 920-A. School District Payments.

Section 921-A. Financial Reports.

Section 922-A. Auxiliary Services; Nonpublic School Children (Repealed).

Section 922.1-A. Auxiliary Services.

Section 923-A. Loan of Textbooks, Instructional Materials and Instructional Equipment, Nonpublic School Children.

Section 923.1-A. Psychological Services.

Section 923.2-A. Visual Services.

Section 924-A. Annual Reports.

 

ARTICLE X.

DISTRICT SUPERINTENDENTS AND

ASSISTANT DISTRICT SUPERINTENDENTS.

 

(a)  Provisions of General Application.

 

Section 1001.  Purpose.

Section 1002.  Good Moral Character.

Section 1003.  Eligibility.

Section 1004.  Oath of Office.

Section 1005.  Enforcement of Branches of Study; Withholding State Appropriations.

Section 1006.  Reports.

Section 1007.  Not to Engage in Teaching; Exceptions.

Section 1008.  Additional Compensation and Interest in Sale or Adoption of Books or Supplies Prohibited.

Section 1009.  Influencing Elections; Penalty.

 

(b)  County Superintendents.

 

Section 1021.  Election (Repealed).

Section 1022.  Time and by Whom Elected; Term of Office

(Repealed).

Section 1023.  Notice of Convention to Elect County Superintendents (Repealed).

Section 1024.  Compensation and Mileage (Repealed).

Section 1025.  Officers of Convention (Repealed).

Section 1026.  Candidates' Proof of Eligibility (Repealed).

Section 1027.  List of Directors Entitled to Vote; Method of Voting (Repealed).

Section 1028.  Election Papers Filed with Prothonotary (Repealed).

Section 1029.  Certification of Results of Election (Repealed).

Section 1030.  Commission from Superintendent of Public Instruction (Repealed).

Section 1031.  Objections to Election; Hearing (Repealed).

Section 1032.  Costs of Hearing (Repealed).

Section 1033.  Appointment if Objections Sustained (Repealed).

Section 1034.  Removal for Cause (Repealed).

Section 1035.  Vacancies; Substitutes (Repealed).

Section 1036.  New Counties (Repealed).

Section 1037.  Duties (Repealed).

Section 1038.  Inspection of School Grounds and Buildings (Repealed).

Section 1039.  County to Furnish Office Rooms, etc. (Repealed).

Section 1040.  Telephone, Typewriter and Stenographer Furnished by County (Repealed).

Section 1041.  Telephone, Typewriter and Stenographic Services in Counties Second Class (Repealed).

 

(c)  Assistant County Superintendents and

Supervisors of Special Education.

 

Section 1051.  Number of Assistant County Superintendents (Repealed).

Section 1052.  Number of Supervisors of Special Education (Repealed).

Section 1053.  Appointment of Assistant Superintendents (Repealed).

Section 1054.  Supervisors of Special Education; Qualifications; Appointment (Repealed).

Section 1055.  Certification of Appointments; Commissions; Appointments by Superintendent of Public Instruction (Repealed).

Section 1056.  Vacancies; Substitutes (Repealed).

Section 1057.  Removal for Cause (Repealed).

Section 1058.  Duties of Assistant County Superintendents (Repealed).

Section 1059.  Duties of Supervisors of Special Education (Repealed).

Section 1060.  Further Duties of Assistant County Superintendents and Supervisors of Special Education (Repealed).

 

(c.1)  Technical Personnel.

 

Section 1061.  Number of Technical Personnel; Qualifications; Appointment (Repealed).

Section 1062.  Salaries; Duties (Repealed).

Section 1063.  Vacancies; Substitutes (Repealed).

 

(d)  Salaries and Expenses of County Superintendents,

Assistant County Superintendents, and

Supervisors of Special Education.

 

Section 1066.  Minimum Salaries; Payment (Repealed).

Section 1067.  Additional Salaries; Payment (Repealed).

Section 1068.  Expenses (Repealed).

 

(e)  District Superintendents and Assistant

District Superintendents.

 

Section 1071.  Election.

Section 1072.  Creating Office in Districts Third Class (Repealed).

Section 1072.1. Discontinuance of Office in Districts Third Class (Repealed).

Section 1072.2. (This section has no heading.)(Repealed)

Section 1073.  Manner of Election or Approval.

Section 1073.1. Performance Review.

Section 1074.  Districts Having no Superintendent (Repealed).

Section 1075.  Salary.

Section 1076.  Election of Assistant District Superintendents.

Section 1077.  Term and Salary of Assistants.

Section 1078.  Commissions.

Section 1079.  Vacancies; Acting and Substitute Superintendents and Assistants.

Section 1080.  Removal.

Section 1081.  Duties of Superintendents.

Section 1082.  Duties of Assistants.

Section 1083.  Annexation and Consolidation of Districts.

Section 1083.1. Reorganization of Districts.

 

(f)  Supervisors

(Repealed)

 

Section 1084.  Number of Supervisors (Repealed).

Section 1085.  Supervisors' Qualifications; Appointment (Repealed).

Section 1086.  Salaries (Repealed).

Section 1087.  Duties of Supervisors (Repealed).

Section 1088.  Vacancies; Substitutes (Repealed).

Section 1089.  Business Administrator.

 

(g)  Special Districts

(Repealed)

 

Section 1091.  Services Provided Through Office of County Superintendent (Repealed).

 

ARTICLE XI.

PROFESSIONAL EMPLOYES.

 

(a)  Definitions.

 

Section 1101.  Definitions.

 

(b)  Employment.

 

Section 1106.  Duty to Employ.

Section 1107.  Special Teachers.

Section 1108.  Temporary Professional Employes.

Section 1109.  Qualifications.

Section 1109.1. Emergency Certification in Certain Instances.

Section 1109.2. Conditional Employment.

Section 1110.  Disqualification for Refusal to Teach (Repealed).

Section 1111.  Employment of Relatives of School Directors.

Section 1112.  Religious Garb, Insignia, etc., Prohibited; Penalty.

Section 1113.  Transferred Programs and Classes.

 

(c)  Tenure.

 

Section 1121.  Contracts; Execution; Form.

Section 1122.  Causes for Termination of Contract.

Section 1123.  Rating System.

Section 1124.  Causes for Suspension.

Section 1125.  Suspensions and Reinstatements; How Made (Repealed).

Section 1125.1. Persons to be Suspended.

Section 1126.  Public Hearings; Exceptions.

Section 1127.  Procedure on Dismissals; Charges; Notice; Hearing.

Section 1128.  Subpoenas; Testimony.

Section 1129.  Vote Required for Dismissals.

Section 1130.  Notice of Discharge; Procedure on Decision Favorable to Employe.

Section 1131.  Appeals to Superintendent of Public Instruction.

Section 1132.  Appeals to Court.

Section 1133.  Collective Bargaining for Public Employes.

Section 1134.  Professional and Temporary Professional Employes of Schools Formerly Operated by the Commonwealth (Expired).

 

(d)  Compensation.

 

Section 1141.  Definitions.

Section 1142.  Minimum Salaries and Increments.

Section 1142.1. Minimum Salaries for Teachers.

Section 1143.  Minimum Salaries and Increments; Districts Second, Third and Fourth Class and Vocational School Districts (Repealed).

Section 1144.  Additional Increments for College Certificate or Master's Degree.

Section 1144.1. Teachers of Applied Arts and Vocational Subjects.

Section 1145.  Minimum Salaries for Teachers With Emergency Certificates.

Section 1146.  Part-time Teachers, etc.

Section 1147.  Increase or Decrease of Usual Number of Periods per Day.

Section 1148.  Substitute Teachers.

Section 1149.  Increments When Employed by Another District.

Section 1150.  Schedules for Teachers, etc. not Provided For.

Section 1151.  Salary Increases; Demotions.

Section 1152.  Compensation in Excess of Schedule; Temporary or Emergency Increases.

Section 1153.  Payment of Salaries of Teachers when Prevented from Rendering Services.

Section 1154.  Payment of Salaries in Cases of Sickness, Injury or Death.

Section 1154.1. Alternative Payment Plan.

Section 1155.  Preferred Claims; Short Term Loans.

 

(e)  Supervising Principals.

 

Section 1161.  Employment in Districts Third and Fourth Class (Repealed).

Section 1162.  Joint Employment Including Supervisors or Teachers of Special Subjects.

Section 1163.  Supervising Principals of Joint Boards or Union or Merged Districts (Repealed).

Section 1164.  Compensation Plans for School Administrators.

 

(f)  Sabbatical Leaves of Absence.

 

Section 1166.  Persons Entitled.

Section 1166.1. Leaves of Absence for Professional Development.

Section 1167.  Preferences; Limitations.

Section 1168.  Return to Employment.

Section 1169.  Salary While on Leave.

Section 1170.  Rights Retained.

Section 1171.  Regulations.

 

(g)  Military Service in Time of War or

National Emergency.

 

Section 1176.  Leave of Absence.

Section 1177.  Reinstatement in Former School Position.

Section 1178.  Rights Preserved During Leave of Absence.

Section 1179.  Continuation of State Appropriations.

Section 1180.  Rights of Persons on Eligibility Lists.

Section 1181.  Applicability and Intent.

Section 1182.  Leave for Elective Public Office.

 

(h)  Meetings of Teachers.

(Repealed)

 

Section 1186.  County Superintendents to Call Meetings (Repealed).

Section 1187.  Attendance Records and Reports; Expenses of Meeting (Repealed).

Section 1188.  Compensation of Teachers Attending (Repealed).

Section 1189.  Penalty on Teachers Failing to Attend (Repealed).

Section 1190.  Auditors (Repealed).

Section 1191.  Statement of Receipts and Disbursements (Repealed).

Section 1192.  Expenses Paid by County; Limitation (Repealed).

Section 1193.  Reports to Department of Public Instruction (Repealed).

Section 1194.  Districts Having District Superintendent (Repealed).

Section 1195.  Distinguished Educators Program.

 

(i)  Programs.

 

Section 1195.1. (Reserved).

 

ARTICLE XI-A.

COLLECTIVE BARGAINING.

 

(a)  General Provisions.

 

Section 1101-A. Definitions.

 

(b)  Scope of Bargaining.

 

Section 1111-A. Mutual Obligation.

Section 1112-A. Matters of Inherent Managerial Policy.

 

(c)  Collective Bargaining Impasse.

 

Section 1121-A. Submission to Mediation.

Section 1122-A. Fact-finding Panels.

Section 1123-A. Negotiated Final Best-Offer Arbitration.

Section 1124-A. Method of Selection of Arbitrators.

Section 1125-A. Final Best-Offer Arbitration.

Section 1126-A. Time Frame.

Section 1127-A. Exception.

 

(d)  Strikes and Lockouts.

 

Section 1131-A. Strikes Prohibited in Certain Circumstances.

Section 1132-A. Lockouts Prohibited in Certain Circumstances.

 

(e)  Collective Bargaining Agreement.

 

Section 1151-A. Agreement and Enforcement.

Section 1152-A. Existing Agreements; Provisions Inconsistent with Article.

 

(f)  Secretary of Education.

 

Section 1161-A. Injunctive Relief.

 

(g)  Prohibitions.

 

Section 1171-A. Selective Strikes.

Section 1172-A. Utilization of Strike Breakers.

 

ARTICLE XI-B

CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR

PROFESSIONAL TEACHING STANDARDS

 

Section 1101-B. Definitions.

Section 1102-B. Payment of Fees.

Section 1103-B. Priority.

Section 1104-B. Duties of Eligible Teachers.

Section 1105-B. Repayment.

Section 1106-B. Duties of Department.

 

ARTICLE XII.

CERTIFICATION OF TEACHERS.

 

Section 1201.  Certificates Qualifying Persons to Teach.

Section 1202.  State Certificates.

Section 1203.  Kinds of State Certificates.

Section 1204.  Granting Provisional College Certificates.

Section 1204.1. Standard Employment Application.

Section 1205.  Issuing Permanent College Certificates.

Section 1205.1. Continuing Professional Development.

Section 1205.2. Program of Continuing Professional Education.

Section 1205.3. Charter Schools.

Section 1205.4. CPR Instruction.

Section 1205.5. Continuing Professional Education for School or System Leaders.

Section 1205.6. Child Abuse Recognition and Reporting Training.

Section 1206.  Certificates Issued by Other States.

Section 1207.  Special Temporary or Permanent Certificates.

Section 1207.1. Postbaccalaureate Certification.

Section 1207.2. Military Science Certificates.

Section 1208.  Summer Schools, etc.

Section 1209.  Disqualifications.

Section 1210.  Existing Certificates.

Section 1211.  Annulment of Certificates (Repealed).

Section 1212.  Registration and Record of Certificates.

Section 1213.  Standard Limited Certificates.

Section 1214.  Department Waiver of Certification Requirements.

Section 1215.  Locally Issued Temporary Certification for Substitute Teachers.

Section 1216.  Evaluation of Applications for Certification.

Section 1216.1. Professional Educator Discipline Fee.

Section 1217.  Pennsylvania School Leadership Standards.

 

ARTICLE XII-A.

PROFESSIONAL TEACHER ASSESSMENT.

(Repealed)

 

Section 1201-A. Short Title of Article (Repealed).

Section 1202-A. Definitions (Repealed).

Section 1203-A. Professional Teacher Assessment Program (Repealed).

Section 1204-A. Scoring Process (Repealed).

Section 1205-A. Furthering Continuing Professional Development (Repealed).

Section 1206-A. Compliance (Repealed).

Section 1207-A. Professional Development Assistance (Repealed).

Section 1208-A. Collective Bargaining Agreements (Repealed).

Section 1209-A. Confidentiality (Repealed).

Section 1210-A. Annual Report (Repealed).

 

ARTICLE XIII.

PUPILS AND ATTENDANCE.

 

(a)  Attendance.

 

Section 1301.  Age Limits; Temporary Residence.

Section 1302.  Residence and Right to Free School Privileges.

Section 1303.  Immunization Required; Penalty.

Section 1304.  Admission of Beginners.

Section 1305.  Non-resident Child Placed in Home of Resident.

Section 1306.  Non-resident Inmates of Children's Institutions.

Section 1306.1. Optional Commitment Location.

Section 1306.2. Juveniles Incarcerated in Adult Facilities.

Section 1307.  Counties, Other Than Second Class, Responsible for Payment of Tuition.

Section 1308.  Liability for Tuition and Enforcement of Payment.

Section 1309.  Cost of Tuition; How Fixed.

Section 1310.  Assignment of Pupils to Schools.

Section 1310.1. Classroom Placement of Twins or Higher Order Multiples; Parental Discretion

Section 1311.  Closing Schools.

Section 1312.  Free Transportation Where Schools Closed in Certain Districts.

Section 1313.  Attendance in Other Districts.

Section 1314.  Attendance in District to Which Territory of

Residence Formerly Attached.

Section 1315.  Assignment to School in Another State; Receiving Pupils from Other States.

Section 1316.  Permitting Attendance of Non-resident Pupils.

Section 1316.1. Attendance at Schools for the Performing Arts.

Section 1317.  Authority of Teachers, Vice Principals and Principals over Pupils.

Section 1317.1. Possession of Telephone Pagers Prohibited.

Section 1317.2. Possession of Weapons Prohibited.

Section 1317.3. Uniforms.

Section 1318.  Suspension and Expulsion of Pupils.

Section 1319.  Confidentiality of Student Communications (Repealed).

 

(b)  Enforcing Attendance.

 

Section 1326.  Definitions.

Section 1327.  Compulsory School Attendance.

Section 1327.1. Home Education Program.

Section 1328.  Compulsory Education of Physical Defectives.

Section 1329.  Excuses from Attending School.

Section 1330.  Exceptions to Compulsory Attendance.

Section 1331.  Free Transportation or Board and Lodging.

Section 1332.  Reports of Enrollments; Attendance and Withdrawals; Public and Private Schools.

Section 1333.  Penalties for Violation of Compulsory Attendance Requirements.

Section 1334.  Children Lacking Clothing or Food.

Section 1335.  Furnishing Food, Including Milk, to School Children.

Section 1336.  Furnishing Vitamin Products to Pupils (Repealed).

Section 1337.  Nonprofit School Food Program.

Section 1337.1. School Lunch and Breakfast Reimbursement.

Section 1338.  Dependent Children.

Section 1338.1. Suspension of Operating Privilege.

Section 1338.2. Antitruancy Programs.

Section 1339.  Reports to Superintendent of Public Instruction.

 

(c)  Attendance Officers and Home and School

Visitors.

 

Section 1341.  Duty to Employ; Power of Arrest; Certification.

Section 1342.  Term of Employment; Compensation.

Section 1343.  Arrest of Children Failing to Attend School.

Section 1344.  Inspecting Places Where Children are Employed.

Section 1345.  Penalty for Interfering with Inspections.

 

(d)  Enumeration of School Children.

 

Section 1351.  Duty to Make; Penalty for Interfering.

Section 1352.  List of Names for Schools; Statistics for Superintendent of Public Instruction.

Section 1353.  Cost of Enumeration; Additional Names and Information.

Section 1354.  Report of Children not Enrolling, or Withdrawing, or Being Illegally Absent.

Section 1355.  Penalty for Failure to Comply.

Section 1356.  Costs of Proceeding for Noncompliance.

Section 1357.  Withholding State Appropriation.

 

(e)  Transportation of Pupils.

 

Section 1361.  When Provided.

Section 1362.  Kinds of Transportation; Liability Insurance.

Section 1363.  Standards for Vehicles (Repealed).

Section 1364.  Transportation in Districts Under Direction of County Superintendent (Repealed).

Section 1365.  Extra Compensation for Transporting Pupils Unlawful; School Bus Driver Employment Applications.

Section 1366.  Computation of Distances.

Section 1367.  Board and Lodging in Lieu of Transportation.

 

(f)  Exceptional Children.

 

Section 1371.  Definition of Children with Exceptionalities; Reports; Examination.

Section 1372.  Exceptional Children; Education and Training.

Section 1372.1. Speech and Hearing Rehabilitation Centers (Repealed).

Section 1372.1. Day Care Training Centers for the Proper Training of Mentally Handicapped Children (Repealed).

Section 1373.  State Reimbursement; Reports.

Section 1373.1. Readers; Helpers; Guides; Aids; Appliances; Etc.; Reimbursement (Repealed).

Section 1374.  Free Transportation or Board and Lodging.

Section 1375.  Uneducable Children Provided for by Department of Public Welfare.

Section 1376.  Cost of Tuition and Maintenance of Certain Exceptional Children in Approved Institutions.

Section 1376.1. Actual Cost of Tuition and Maintenance of Certain Exceptional Children in the Four Chartered Schools for Education of the Deaf and the Blind.

Section 1377.  Payment of Cost of Tuition and Maintenance of Certain Exceptional Children.

Section 1377.1. Transfer of Funds for Transferal Programs.

Section 1377.2. Emergency Permits at Approved Private Schools and Chartered Schools for the Deaf and Blind.

Section 1378.  Medical Care for Children Under Six with Defective Hearing.

Section 1379.  Children Under Six with Defective Hearing; Parent or Guardian Advised of Schools, etc.

Section 1380.  Education of Blind Children Under Eight Years.

Section 1381.  Higher Education for Blind or Deaf Students.

Section 1382.  Period of Instruction.

 

(g)  Employment of Children.

 

Section 1391.  Employment of Children Under Eighteen Unlawful Without Employment Certificate or Permit.

Section 1392.  Reports by Employers of Children.

Section 1393.  Posting of Information by Employers of Children.

Section 1394.  Penalties for Violation of Child Labor Requirements.

 

ARTICLE XIII-A.

SAFE SCHOOLS.

 

Section 1301-A. Definitions

Section 1302-A. Office for Safe Schools.

Section 1302.1-A. Regulations.

Section 1303-A. Reporting.

Section 1303.1-A. Policy Relating to Bullying.

Section 1304-A. Sworn Statement.

Section 1305-A. Transfer of Records.

Section 1306-A. Availability of Records.

Section 1307-A. Maintenance of Records.

Section 1308-A. Report.

Section 1309-A. Technical Assistance.

Section 1310-A. Safe Schools Advocate in School Districts of the First Class.

Section 1311-A. Standing.

Section 1312-A. Enforcement.

Section 1313-A. Construction of Article and Other Laws.

 

ARTICLE XIV.

SCHOOL HEALTH SERVICES.

 

Section 1401.  Definitions.

Section 1402.  Health Services.

Section 1403.  Dental Examinations and Dental Hygiene Services.

Section 1404.  Place of Examination; Use of Hospital Facilities.

Section 1405.  Assistance; Presence of Parents.

Section 1406.  Recommendations.

Section 1407.  Examinations by Examiners of Own Choice.

Section 1408.  Reports.

Section 1409.  Confidentiality, Transference and Removal of Health Records.

Section 1410.  Employment of School Health Personnel.

Section 1411.  Cooperation with Political Subdivisions.

Section 1412.  Municipal Civil Service Status Protected.

Section 1413.  Supplemental Duties of School Physicians.

Section 1414.  Care and Treatment of Pupils.

Section 1414.1. Possession and Use of Asthma Inhalers and Epinephrine Auto-Injectors.

Section 1415.  Public Assistance for Medical, Dental or Surgical Care.

Section 1416.  Precautions Against Spread of Tuberculosis.

Section 1417.  Pupils Relieved from Compulsory Attendance.

Section 1418.  Medical Examinations of Teachers and Other Persons.

Section 1419.  Objections to Examinations or Treatment on Religious Grounds.

Section 1420.  Examinations of School Buildings and Grounds.

Section 1421.  Powers and Duties of the Secretary of Health and of the Superintendent of Public Instruction; Rules and Regulations.

Section 1422.  Advisory Health Councils.

Section 1422.1. Local Wellness Policy.

Section 1422.2. Interagency Coordinating Council for Child Health, Nutrition and Physical Education.

Section 1422.3. Duties of Department of Education.

Section 1423.  Automatic External Defibrillators.

Section 1424.  Cardiopulmonary Resuscitation.

 

ARTICLE XV.

TERMS AND COURSES OF STUDY.

 

(a)  School Terms.

 

Section 1501.  Minimum Number of Days; School Month.

Section 1501.1. Weather Emergency of 1977 (Expired).

Section 1501.2. Weather Emergency of 1978 (Expired).

Section 1501.3. Weather Emergency.

Section 1501.4. Nuclear Emergency of 1979.

Section 1501.5. Weather Emergency of 1985.

Section 1501.6. Weather Emergency of 1994.

Section 1501.7. Weather Emergency of 1996.

Section 1502.  Days Schools not to be Kept Open.

Section 1503.  Additional Holidays; Vacations.

Section 1504.  Dates and Times of School Terms and Sessions; Commencement.

 

(b)  Prescribed Courses and Instruction.

 

Section 1511.  Subjects of Instruction; Flag Code.

Section 1511.1. Remedial Programs.

Section 1512.  Courses of Study Adapted to Age, etc. of Pupils.

Section 1512.1. Physical Education.

Section 1513.  Physiology and Hygiene.

Section 1514.  Humane Education.

Section 1515.  Religious Literature.

Section 1516.  Bible Reading in Public Schools.

Section 1516.1. Meditation and Prayer Periods.

Section 1517.  Fire and Emergency Evacuation Drills.

Section 1518.  Test Books and Instruction on Fire Dangers and Prevention Drills.

Section 1519.  Teaching of Safe Driving of Motor Vehicles.

Section 1519.1. Standardized Driver-Education Program.

Section 1520.  American Form of Government to Be Taught (Repealed).

Section 1521.  Limitation of Refusal to Enroll Student.

Section 1522.  Foreign Language Academies.

Section 1523.  Pupil's Right of Refusal; Animal Dissection.

Section 1524.  Recognition of American Sign Language Courses.

Section 1525.  Agreements with Institutions of Higher Education.

Section 1526.  Youth Suicide Awareness and Prevention.

Section 1527.  Child Exploitation Awareness Education.

 

(c)  Records and Reports.

 

Section 1531.  Grading, Classification and Promotion of Pupils.

Section 1532.  Records and Reports of Pupils; Districts Second, Third and Fourth Class.

Section 1533.  Record of Pupils at Beginning of Term.

Section 1534.  Monthly Reports to School Directors; Districts Second, Third and Fourth Class.

 

(d)  Special Instruction and Observances.

 

Section 1541.  Study of Birds, Trees and Conservation of Resources.

Section 1542.  Frances Willard Day.

Section 1543.  William Penn Day.

Section 1544.  Free School Day.

Section 1545.  Bill of Rights Week.

Section 1546.  Release of Pupils for Religious Instruction.

Section 1547.  Alcohol, Chemical and Tobacco Abuse Program.

Section 1548.  Instructional Support.

Section 1549.  Agricultural Education.

Section 1550.  Firefighter and Emergency Service Training.

Section 1551.  Economic Education and Personal Financial Literacy Programs.

Section 1552.  State Standards for Business, Computer and Information Technology Courses.

Section 1553.  Dating Violence Education.

Section 1554.  Holocaust, Genocide and Human Rights Violations Instruction.

 

ARTICLE XV-A.

PROJECT LINK TO LEARN.

 

Section 1501-A. Legislative Findings.

Section 1502-A. Definitions.

Section 1503-A. Basic Education Grants.

Section 1504-A. Higher Education Funding.

Section 1505-A. Technology Grants for Equipment and Services.

 

ARTICLE XV-B.

READ TO SUCCEED PROGRAM.

 

Section 1501-B. Establishment of Program.

Section 1502-B. Eligibility Requirements.

Section 1503-B. Program Requirements.

Section 1504-B. Technical Assistance and Monitoring.

Section 1505-B. Reports.

 

ARTICLE XV-C.

EDUCATION SUPPORT SERVICES AND EDUCATIONAL

ASSISTANCE PROGRAMS.

 

Section 1501-C. Definitions.

Section 1502-C. Establishment of Programs.

Section 1503-C. Education Support Services Grant Application and Approval.

Section 1504-C. Powers and Duties of the Department.

Section 1505-C. Providers.

Section 1506-C. Notification of Program.

Section 1507-C. Payment of Educational Support Services Grants.

Section 1508-C. Limitations.

Section 1509-C. Confidentiality.

Section 1510-C. Nontaxable Income.

Section 1511-C. Applicability.

Section 1512-C. Educational Assistance Program.

 

ARTICLE XV-D

EARLY LEARNING PROGRAMS

 

(a)  Head Start Supplemental Assistance Program

 

Section 1501-D. Definitions.

Section 1502-D. Head Start Supplemental Assistance Program.

Section 1503-D. Priority in funding.

Section 1504-D. Annual report.

Section 1505-D. Head Start expansion.

Section 1506-D. Standards.

 

(b)  Pennsylvania Pre-K Counts Program

 

Section 1511-D. Definitions.

Section 1512-D. Establishment of program.

Section 1513-D. Duties of department.

Section 1514-D. Grant awards.

Section 1515-D. Duties of approved providers.

Section 1516-D. Reporting.

 

ARTICLE XV-E.

CHARACTER EDUCATION PROGRAM.

 

Section 1501-E. Definitions.

Section 1502-E. Character education program.

Section 1503-E. Department duties and powers.

Section 1504-E. Character Education Grant Program.

Section 1505-E. Prohibited instruction.

Section 1506-E. Local control.

 

ARTICLE XV-F

SCIENCE TECHNOLOGY PARTNERSHIPS

 

Section 1501-F. Definitions.

Section 1502-F. Science Technology Partnership Program.

Section 1503-F. Science technology partnerships.

Section 1504-F. Powers and duties of department.

Section 1505-F. Biennial report.

 

ARTICLE XV-G

OPEN CAMPUS INITIATIVES

 

Section 1501-G. Legislative intent

Section 1502-G. Definitions.

Section 1503-G. Open campus initiatives.

Section 1504-G. Cooperative agreements.

Section 1505-G. Reimbursements by the Commonwealth.

Section 1506-G. Parental and public information.

Section 1507-G. Students with disabilities.

Section 1508-G. Collective bargaining.

 

ARTICLE XVI.

HIGH SCHOOLS.

 

Section 1601.  Types of High Schools; Regulations.

Section 1602.  New High Schools; Additional Years.

Section 1603.  Admission of Pupils.

Section 1604.  Employment of Teachers; Subjects of Study.

Section 1605.  Courses of Study.

Section 1606.  Supervision; Reports.

Section 1607.  Attendance in Other Districts.

Section 1607.1. Distressed School Districts and Student Attendance in Other Districts.

Section 1608.  Requirements for Attendance in Other Districts.

Section 1609.  Attendance in Other District when Free Transportation Not Furnished.

Section 1610.  Fitness of Pupils.

Section 1611.  Academic Degrees.

Section 1612.  State Scholarships for Pupils of Secondary Schools (Repealed).

Section 1613.  High School Certificates.

Section 1614.  Participation By Students With Disabilities in High School Graduation Ceremonies.

Section 1615.  Virtual High School Study Commission.

Section 1616.  Wearing of military uniform at graduation ceremony.

 

ARTICLE XVI-A.

INTERSCHOLASTIC ATHLETICS ACCOUNTABILITY.

 

Section 1601-A. Scope.

Section 1602-A. Definitions.

Section 1603-A. Pennsylvania Athletic Oversight Council.

Section 1604-A. Council Recommendations and Standards.

Section 1605-A. Pennsylvania Athletic Oversight Committee.

 

ARTICLE XVI-B.

OPPORTUNITIES FOR EDUCATIONAL

EXCELLENCE.

 

(a)  Preliminary Provisions.

 

Section 1601-B. Scope of Article.

Section 1602-B. Definitions.

Section 1603-B. Responsibilities of department and State Board of Education.

Section 1604-B. Faculty.

Section 1605-B. Qualifying courses.

Section 1606-B. Construction of article.

 

(b)  Concurrent Enrollment.

 

Section 1611-B. Responsibilities of school entities.

Section 1612-B. Concurrent enrollment committees (Repealed).

Section 1613-B. Concurrent enrollment agreements.

Section 1614-B. Enrollment in concurrent courses.

Section 1615-B. Credit for concurrent courses.

 

ARTICLE XVI-C.

DISCLOSURE OF INTERSCHOLASTIC

ATHLETICS OPPORTUNITIES

 

Section 1601-C. Scope of article.

Section 1602-C. Definitions.

Section 1603-C. Duty to disclose.

Section 1604-C. Department duties.

Section 1605-C. Regulations.

 

ARTICLE XVII.

JOINT SCHOOLS AND

DEPARTMENTS.

 

Section 1701.  Establishment.

Section 1702.  Raising Funds.

Section 1703.  Written Agreements between Districts.

Section 1704.  Joint Authority of Boards; Title to Property.

Section 1705.  Treasurer; Budget.

Section 1706.  Joint School Treasurer.

Section 1707.  Joint School Committee.

Section 1707.1. Joint School System Operated by Union or Merged School Districts and Other Districts.

Section 1708.  Discontinuance.

Section 1709.  Traveling Expenses at Meetings of Joint Boards or Joint School Committees.

 

ARTICLE XVII-A.

CHARTER SCHOOLS.

 

(a)  Preliminary Provisions.

 

Section 1701-A. Short Title.

Section 1702-A. Legislative Intent.

Section 1703-A. Definitions.

 

(b)  Charter Schools.

 

Section 1714-A. Powers of Charter Schools.

Section 1715-A. Charter School Requirements.

Section 1716-A. Powers of Board of Trustees.

Section 1717-A. Establishment of Charter School.

Section 1718-A. Regional Charter School.

Section 1719-A. Contents of Application.

Section 1720-A. Term and Form of Charter.

Section 1721-A. State Charter School Appeal Board.

Section 1722-A. Facilities.

Section 1723-A. Enrollment.

Section 1724-A. School Staff.

Section 1725-A. Funding for Charter Schools.

Section 1726-A. Transportation.

Section 1727-A. Tort Liability.

Section 1728-A. Annual Reports and Assessments.

Section 1729-A. Causes for Nonrenewal or Termination.

Section 1730-A. Desegregation Orders.

Section 1731-A. Charter School Grants.

Section 1732-A. Provisions Applicable to Charter Schools.

 

(c)  Cyber Charter Schools.

 

Section 1741-A. Powers and duties of department.

Section 1742-A. Assessment and evaluation.

Section 1743-A. Cyber charter school requirements and prohibitions.

Section 1744-A. School district and intermediate unit responsibilities.

Section 1745-A. Establishment of cyber charter school.

Section 1746-A. State Charter School Appeal Board review.

Section 1747-A. Cyber charter school application.

Section 1748-A. Enrollment and notification.

Section 1749-A. Applicability of other provisions of this act and of other acts and regulations.

Section 1750-A. Effect on certain existing charter schools.

Section 1751-A. Regulations.

 

ARTICLE XVII-B.

EDUCATION EMPOWERMENT ACT.

 

Section 1701-B. Short Title (Expired).

Section 1702-B. Definitions (Expired).

Section 1703-B. Education Empowerment List (Expired).

Section 1704-B. Board of School Directors.

Section 1704.1-B. Superintendent Power to Recommend Dismissal (Expired).

Section 1705-B. Education Empowerment Districts (Expired).

Section 1706-B. Powers and Duties of Board of Control (Expired).

Section 1707-B. Boards of Control for Certain School Districts (Expired).

Section 1708-B. Charter Schools (Expired).

Section 1709-B. School Improvement Grants (Expired).

Section 1710-B. Restoration of Control (Expired).

Section 1711-B. Annual Report to the Governor and General Assembly (Expired).

Section 1712-B. Collective Bargaining (Expired).

Section 1713-B. Desegregation Orders (Expired).

Section 1714-B. Mandate Waiver Program Expired).

Section 1714.1-B. Limitation (Expired).

Section 1715-B. Applicability (Expired).

Section 1716-B. Expiration (Expired).

 

ARTICLE XVII-C

DYSLEXIA AND EARLY LITERACY INTERVENTION PILOT PROGRAM

 

Section 1701-C. Short title of article.

Section 1702-C. Definitions.

Section 1703-C. Establishment.

Section 1704-C. Department responsibilities.

Section 1705-C. School district responsibilities.

 

ARTICLE XVIII.

VOCATIONAL EDUCATION.

 

(a)  School Districts.

 

Section 1801.  Definitions.

Section 1802.  State Board for Vocational Education; Executive Officer; Employes.

Section 1803.  Duties of State Board for Vocational Education; Reports.

Section 1803.1. Duty of Secretary to Report Annually.

Section 1804.  Schools or Classes; Supervisors; Principals; Instructors, etc.

Section 1805.  Instruction in Theory and Practice.

Section 1806.  Administration by School Districts.

Section 1807.  Joint Vocational Schools or Departments.

Section 1808.  Advisory Committees.

Section 1809.  Attendance in Other Districts and Other States; Pupils from Other States.

Section 1810.  Approved Local or Joint Vocational Schools; State Reimbursement.

Section 1811.  Estimate of Expenses and Reimbursements; Appropriations.

 

(b)  Vocational School Districts.

 

Section 1821.  How Constituted (Repealed).

Section 1822.  Boards of Directors of Vocational Schools; Secretary; Treasurer (Repealed).

Section 1823.  Powers and Duties (Repealed).

Section 1824.  Limitation on Powers; Applicability of School Laws (Repealed).

Section 1825.  Levy and Collection of Taxes (Repealed).

Section 1826.  Determination of Need for Vocational Schools (Repealed).

Section 1827.  Action of Board of Directors of Vocational

Schools (Repealed).

Section 1828.  Elections on Establishment of Vocational Schools (Repealed).

Section 1829.  Joint Vocational Schools, Departments or Classes (Repealed).

Section 1830.  Rules and Regulations; Pupils from Other Districts (Repealed).

 

(c)  Area Vocational-Technical Schools and

Technical Institutes.

 

Section 1840.  Definitions (Repealed).

Section 1840.1. Definitions.

Section 1841.  Area Vocational-Technical Schools and Technical Institutes Authorized.

Section 1842.  Advisory Committees.

Section 1843.  Powers and Duties of County Boards (Repealed).

Section 1844.  Establishment of Schools and Institutes.

Section 1845.  Cost of Establishment, Etc., Ownership of Property.

Section 1846.  Cost of Maintenance and Operation (Repealed).

Section 1847.  Attendance of Pupils from Nonparticipating Districts.

Section 1848.  State-wide Plan of Area Vocational Technical Schools (Repealed).

Section 1849.  Petitions for Change of Plan.

Section 1850.  Area Vocational Technical Joint School Board Committee (Repealed).

Section 1850.1. Organization and Operation of Schools and Institutes.

Section 1850.2. Operation by Intermediate Unit Board of Directors Acting as an Operating Agent.

Section 1850.3. Operation by a Joint Committee.

Section 1850.4. Capital Reserve Fund for Approved Purchases of Equipment and Facility Maintenance.

Section 1851.  Establishment and Operation by the Department of Public Instruction.

Section 1852.  Payment of Shares.

Section 1853.  Contracts to Lease.

Section 1854.  Summer Youth Employment Program.

Section 1855.  Vocational Education Equipment Grants.

 

ARTICLE XIX.

EXTENSION EDUCATION AND SPECIAL

SCHOOLS AND CLASSES.

 

(a)  Extension Education Generally.

 

Section 1901.  Scope of General Extension Education; Definitions.

Section 1902.  Permissive and Required Fee Extension Education.

Section 1903.  When and Where Provided; Eligibility; Limitations.

Section 1904.  Deposit Fee.

Section 1905.  Certificate or Diploma.

Section 1906.  Part of Public Schools; Standards.

 

(b)  Special Schools and Classes.

 

Section 1921.  Free Evening Schools (Repealed).

Section 1922.  Vocational Education for Out-of-School Youth and Adults.

Section 1923.  Teachers of Evening Schools.

Section 1924.  Land for Agricultural Schools (Repealed).

Section 1925.  Pupils Less than Six or More than Twenty-one.

Section 1926.  Schools and Classes in Institutions.

 

ARTICLE XIX-A.

COMMUNITY COLLEGES.

 

Section 1901-A. Definitions.

Section 1902-A. Powers and Duties of State Board of Education.

Section 1903-A. Plans and Procedures for Establishing.

Section 1904-A. Election or Appointment; Term and Organization of Board of Trustees.

Section 1905-A. Powers and Duties of Board of Trustees.

Section 1906-A. Officers of the Community College.

Section 1907-A. Students.

Section 1908-A. Tuition.

Section 1909-A. Taxation.

Section 1910-A. Withdrawal of Sponsorship; Dissolution of Community College.

Section 1911-A. Participation in or Admission to Established Community College.

Section 1912-A. Degrees.

Section 1913-A. Financial Program; Reimbursement of Payments.

Section 1914-A. Dissolution of Certain Community Colleges.

Section 1915-A. Work Force Development Courses.

Section 1916-A. Community College Nonmandated Capital Restricted Account.

Section 1917-A. Community College Capital Fund.

Section 1918-A. Annual Report.

 

ARTICLE XIX-B.

THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

 

Section 1901-B. Short Title.

Section 1902-B. Legislative Intent.

Section 1903-B. Authorization to Continue Operations.

Section 1903.1-B. Appropriations.

Section 1904-B. School Purposes.

Section 1905-B. School Buildings.

Section 1906-B. Board of Trustees.

Section 1906.1-B. Powers and Duties of the Board of Trustees.

Section 1907-B. President of School.

Section 1908-B. Individuals Eligible for Admission.

Section 1909-B. Tuition Students.

Section 1910-B. Rights of Faculty and Staff.

Section 1911-B. Visitation Privileges.

Section 1912-B. Prior References.

Section 1913-B. Acquisition and Disposition of Property.

Section 1913-B.1. Contracts for Construction, Repair, Renovation or Maintenance.

Section 1914-B. Purchasing.

Section 1915-B. Audit and Financial Reports.

Section 1916-B. Annual Report.

Section 1917-B. Definitions.

 

ARTICLE XIX-C.

DISRUPTIVE STUDENT PROGRAMS.

 

Section 1901-C. Definitions.

Section 1902-C. Applications.

Section 1903-C. Alternative Education Grants.

Section 1904-C. Construction of Article.

Section 1905-C. Retroactivity.

Section 1906-C. Alternative Education Demonstration Grants.

 

ARTICLE XIX-D.

COMMUNITY EDUCATION COUNCILS.

 

Section 1901-D. Definitions.

Section 1902-D. Powers and Duties of Secretary of Education.

Section 1903-D. Powers and Duties of Community Education Council.

Section 1904-D. Powers and Duties of Board of Directors.

Section 1905-D. State Funding.

 

ARTICLE XIX-E.

PRIVATE ALTERNATIVE EDUCATION INSTITUTIONS

FOR DISRUPTIVE STUDENTS.

 

Section 1901-E. Definitions.

Section 1902-E. Contracts with Private Alternative Education Institutions.

Section 1903-E. Approval by Department of Education.

 

ARTICLE XIX-F

PENNSYLVANIA TECHNICAL COLLEGE PROGRAM

 

Section 1901-F. Definitions.

Section 1902-F. Pennsylvania Technical College Program.

Section 1903-F. Duties of department.

Section 1904-F. Program requirements.

Section 1905-F. Grant awards.

Section 1906-F. Promulgation of standards.

Section 1907-F. Annual reports.

 

ARTICLE XX.

STATE COLLEGES.

 

Section 2001.  Definitions (Repealed).

Section 2002.  State Colleges and State Universities (Repealed).

Section 2003.  Purpose (Repealed).

Section 2003.1. Board of State College and University Directors (Repealed).

Section 2003.2. Duties of the Board of State College and University Directors with Regard to State Colleges (Repealed).

Section 2003.3. Duties of the Board of State College and University Directors with Regard to State Universities (Repealed).

Section 2004.  Board of Presidents of State Colleges and State Universities (Repealed).

Section 2004.1. Management of State Colleges and State Universities within the Department (Repealed).

Section 2005.  No Religious Tests (Repealed).

Section 2006.  Practice Teaching (Repealed).

Section 2007.  Examinations; Certificates; Diplomas (Repealed).

Section 2008.  Board and Fees (Repealed).

Section 2008.1. Boards of Trustees of State Colleges and Universities (Repealed).

Section 2008.2. Duties of Boards of Trustees of the Several State Colleges (Repealed).

Section 2008.3. Duties of the Boards of Trustees of the Several State Universities (Repealed).

Section 2009.  Vocational Education and Rehabilitation Programs Conversion for Other Purposes, etc. (Repealed).

Section 2010.  Vocational Rehabilitation Education of War Veterans and Defense Workers (Repealed).

Section 2011.  Powers of Superintendent of Public Instruction (Repealed).

Section 2012.  Research Projects, Authority to Accept Grants (Repealed).

Section 2013.  Annual Reports (Repealed).

 

ARTICLE XX-A.

THE STATE SYSTEM OF HIGHER EDUCATION.

 

Section 2001-A. Definitions.

Section 2002-A. Establishment of the State System of Higher Education and its Institutions.

Section 2003-A. Purposes and General Powers.

Section 2003-A.1. Project Contracts.

Section 2004-A. Board of Governors.

Section 2005-A. The Chancellor.

Section 2006-A. Powers and Duties of the Board of Governors.

Section 2007-A. Commission of Presidents.

Section 2008-A. Councils of Trustees.

Section 2009-A. Powers and Duties of Councils of Trustees.

Section 2010-A. Power and Duties of Institution Presidents.

Section 2011-A. Rental Fees and Other Charges.

Section 2012-A. Diplomas and Certificates.

Section 2013-A. Teachers' and Employes' Retirement Plans.

Section 2014-A. Nondiscrimination.

Section 2015-A. Annual Audit.

Section 2016-A. Continuation of Powers and Duties.

Section 2017-A. Annual Report.

Section 2018-A. Method of Disposition; Consideration by the General Assembly.

Section 2019-A. Campus Police Powers and Duties.

Section 2020-A. Articulation Agreements.

 

ARTICLE XX-B.

EDUCATIONAL IMPROVEMENT TAX CREDIT.

(Repealed)

 

Section 2001-B. Scope (Repealed).

Section 2002-B. Definitions (Repealed).

Section 2003-B. Qualification and Application (Repealed).

Section 2004-B. Application (Repealed).

Section 2005-B. Tax Credit (Repealed).

Section 2006-B. Limitations (Repealed).

Section 2007-B. Lists (Repealed).

Section 2008-B. Guidelines (Repealed).

 

ARTICLE XX-C

TRANSFERS OF CREDITS BETWEEN

INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-C. Definitions.

Section 2002-C. Duties of public institutions of higher education.

Section 2003-C. Duties of public institutions of higher education and State-related institutions.

Section 2004-C. Transfer and Articulation Oversight Committee.

Section 2005-C. Duties of department.

Section 2006-C. Participation by independent institutions of higher education or State-related institution.

Section 2006.1-C. Participation by State-related institutions.

Section 2007-C. Applicability.

 

Article XX-D

State-Related University Reporting

 

Section 2001-D. Definitions.

Section 2002-D. Reporting Guidelines.

Section 2003-D. Additional Report Requirements.

Section 2004-D. Disclosure.

Section 2005-D. Comparative Analysis and Posting by Commission.

Section 2006-D. Posting of Reports by Department.

 

ARTICLE XX-E

OLDER PENNSYLVANIAN HIGHER EDUCATION PROGRAM

 

Section 2001-E. Definitions.

Section 2002-E. Program guidelines.

 

ARTICLE XX-F

COURSE MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-F. Scope of article.

Section 2002-F. Definitions.

Section 2003-F. Publisher requirements.

Section 2004-F. Faculty members and academic departments.

Section 2005-F. Responsibilities of institutions of higher education.

Section 2006-F. College textbook rental program.

Section 2007-F. Electronic Versions of College Textbooks.

Section 2008-F. College textbook adoption polices.

Section 2009-F. College Textbook Policies Advisory Committee.

 

ARTICLE XX-G

SEXUAL VIOLENCE EDUCATION AT

INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-G. Scope of Article.

Section 2002-G. Definitions.

Section 2003-G. Education program.

Section 2004-G. Follow-up.

Section 2005-G. Duties of department.

Section 2006-G. Report.

 

ARTICLE XXI

SCHOOL DISTRICTS OF

THE FIRST CLASS.

 

Section 2101.  Additional Provisions.

 

(a)  Administration of Schools.

 

Section 2102.  Board of Public Education.

Section 2103.  Board of Public Education; Additional Duties.

Section 2104.  Superintendents of Schools or Buildings and of Supplies.

Section 2105.  Superintendent of Schools; Additional Retirement Allowance.

Section 2106.  Superintendent of Buildings; Additional Retirement Allowance.

Section 2107.  Associate and Assistant District Superintendents.

Section 2108.  Qualifications of Principals and Teachers.

Section 2109.  Board of Examiners of Applicants for Positions.

Section 2110.  Eligible Lists of Persons Qualified to Teach; Appointments.

Section 2111.  Superintendent of Buildings; Duties; Assistants; Plans.

Section 2112.  Janitors.

Section 2113.  Superintendent of Supplies; Duties; Assistants.

Section 2114.  Prohibitions.

 

(b)  Fiscal Affairs.

 

Section 2121.  City Controller to be Elected School Controller; Deputy Controller.

Section 2122.  Oath, Bond, and Compensation of Controller.

Section 2123.  Vacancies.

Section 2124.  Clerks; Stationery, etc. for Controller and Treasurer.

Section 2125.  School Orders.

Section 2126.  Contracts.

Section 2127.  Payment of Contracts; Liability of Controller and his Surety.

Section 2128.  Estimates of Expenses.

Section 2129.  Annual Statement of Finances for Past Year.

Section 2130.  Information for Estimates and Tax Levies.

Section 2131.  Publication of Annual Financial Statements.

Section 2132.  Transfers of Real Estate.

Section 2133.  Budget Reports.

Section 2134.  Placement of Certain Adjudicated Students.

Section 2135.  Transportation of Certain Students.

 

ARTICLE XXII.

TEACHERS' AND EMPLOYES'

RETIREMENT FUNDS.

 

Section 2201.  Establishment of Funds by Districts.

Section 2202.  Contributions by Employes.

Section 2203.  Representation of Employes.

Section 2204.  Retirement Annuities.

 

ARTICLE XXII-A.

MEDICAL EDUCATION LOAN ASSISTANCE.

 

(a)  General Provisions.

 

Section 2201-A. Scope.

Section 2202-A. Purpose.

Section 2203-A. Definitions.

 

(b)  Program.

 

Section 2211-A. Pennsylvania Medical Education Loan

Assistance Program.

Section 2212-A. Loan guarantor program.

Section 2213-A. Loan forgiveness program.

Section 2214-A. Tax applicability.

 

(c)  Miscellaneous Provisions.

 

Section 2231-A. Annual report.

Section 2232-A. Appeals.

Section 2233-A. Regulations.

Section 2234-A. Funding.

 

ARTICLE XXIII.

FUNDING FOR PUBLIC LIBRARIES.

 

Section 2301.  Management and Supervision (Repealed).

Section 2302.  Board of Library Trustees; How Constituted (Repealed).

Section 2303.  Appointment; Terms; Vacancies; Officers (Repealed).

Section 2304.  Rules and Regulations; Powers and Duties (Repealed).

Section 2305.  Appropriations; Limitation; Establishment, etc. (Repealed).

Section 2306.  Payment of Money for Libraries (Repealed).

Section 2307.  Aid to Individual or Association Library (Repealed).

Section 2308.  Donations of Books, etc. (Repealed).

Section 2309.  Circulation of Books; Branch Libraries (Repealed).

Section 2310.  Library Hours; Use by Residents of Other Districts (Repealed).

Section 2311.  Audit of Receipts and Expenditures (Repealed).

Section 2312.  Reports to State (Repealed).

Section 2313.  Joint Action of School Districts (Repealed).

Section 2314.  Merger of Library Boards on Consolidation of School Districts; Discontinuance of Library (Repealed).

Section 2315.  Districts Second Class; Library Tax for Support, etc. of Municipal Library (Repealed).

Section 2316.  State aid for certain public libraries (Repealed).

Section 2317.  State Aid for Fiscal Year 2008-2009 (Repealed).

Section 2318.  State Aid for Fiscal Year 2011-2012.

Section 2319.  State Aid for Fiscal Year 2012-2013.

 

ARTICLE XXIII-A.

CREDIT CARD MARKETING.

 

Section 2301-A. Definitions.

Section 2302-A. Regulation of On-Campus Credit Card Marketing.

Section 2303-A. Construction.

 

ARTICLE XXIV.

AUDITING OF SCHOOL FINANCES.

 

(a)  General Provisions.

 

Section 2401.  By Whom Audited.

Section 2401.1. Controllers and Auditors Not to be Otherwise Employed by School Districts or Joint School Boards.

Section 2402.  Statements of Accounts, etc.

Section 2403.  Subpoenas; Administering Oaths; Perjury.

Section 2404.  Disobedience to Subpoena; Contempt.

Section 2405.  Witness Fees.

Section 2406.  Audits; Surcharges; Examination of Official Bonds.

Section 2407.  Notice of Surcharges.

Section 2408.  Copies of Reports.

Section 2409.  Employment of Attorneys.

Section 2410.  Investigation of Financial Records by Superintendent of Public Instruction.

 

(b)  School Districts of the First Class.

 

Section 2421.  Duties of Controller.

 

(c)  School Districts of The Second and

Third Classes.

 

Section 2431.  Time of Audit; Filing of Copies.

Section 2432.  Notice of Audit.

Section 2433.  Compensation of Auditors.

 

(d)  School Districts of the Fourth Class.

 

Section 2441.  Time of Audit; Filing Copies; Publication.

Section 2442.  Notice of Audit; Districts not Electing Auditors.

Section 2443.  Compensation of Auditors.

 

(e)  Appeals from Audits; Districts Second,

Third and Fourth Class.

 

Section 2451.  Who May Appeal; Conditions.

Section 2452.  Accounts Investigated De Novo; Burden of Proof; Single Proceeding.

Section 2453.  Procedure; Jury Trials; Appeals to Appellate Courts.

Section 2454.  Judgment; Enforcement; Rights of Taxpayers.

Section 2455.  Surcharges; Judgments; Enforcement.

 

(f)  Accounts of Teachers' Institutes and

School Directors' Associations.

 

Section 2461.  Teachers' Institutes (Repealed).

Section 2462.  School Directors' Association.

 

ARTICLE XXV.

REIMBURSEMENTS BY

COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS.

 

(a)  Definitions.

 

Section 2501.  Definitions.

 

(b)  Instruction.

 

Section 2502.  Payments on Account of Instruction.

Section 2502.1. Supplemental Payments (Repealed).

Section 2502.2. Payments on Account of Migratory Children.

Section 2502.3. Payments on Account of Poverty (Repealed).

Section 2502.4. Additional Special Assistance Grants on Account of Low Income Families (Repealed).

Section 2502.5. Limitation of Certain Payments.

Section 2502.6. Proportionate Reduction of Payments.

Section 2502.7. Legislative Intent (Repealed).

Section 2502.8. Payments on Account of Pupils Enrolled in Vocational Curriculums.

Section 2502.9. Equalized Supplement for Student Learning (Repealed).

Section 2502.10. Temporary Special Aid to School Districts Due to Real Property Reassessments.

Section 2502.11. Economic Supplement.

Section 2502.12. Revised Computations of Certain Payments.

Section 2502.13. Small District Assistance.

Section 2502.14. School Supplement.

Section 2502.15. First Class A School District Supplement.

Section 2502.16. Temporary Special Aid to School Districts Suffering Loss of Tax Revenue Due to Bankruptcy of Businesses in the School District.

Section 2502.17. Low-Expenditure, Low-Wealth Supplement.

Section 2502.18. Low-Expenditure Poverty Supplement.

Section 2502.19. Limitation of Payments.

Section 2502.20. Subsidy Payments.

Section 2502.21. Education Subsidy Base.

Section 2502.22. Equity Supplement.

Section 2502.23. Minimum Effort Base.

Section 2502.24. Foundation Guarantee.

Section 2502.25. Growth Supplement.

Section 2502.26. Limited Revenue Sources Supplement.

Section 2502.27. Discretionary Funds to Assist School Districts Experiencing Extreme Financial Difficulty.

Section 2502.28. Resource Data for Foundation-Based Equity Formula Development.

Section 2502.29. Basic Education Funding.

Section 2502.30. Temporary Special Aid to School Districts (Expired).

Section 2502.31. Basic Education Funding.

Section 2502.32. For Court-Ordered Payments to Woodland Hills School District.

Section 2502.33. Basic Education Funding for 1996-1997 School Year.

Section 2502.34. School Performance Incentives.

Section 2502.35. Basic Education Funding for 1997-1998 School Year.

Section 2502.36. Basic Education Funding for 1998-1999 School Year.

Section 2502.37. Basic Education Funding for 1999-2000 School Year.

Section 2502.38. Minimum per Average Daily Membership Guarantee.

Section 2502.39. Basic Education Funding for 2000-2001 School Year.

Section 2502.40. Basic Education Funding for 2001-2002 School Year.

Section 2502.41. Basic Education Funding for 2002-2003 School Year.

Section 2502.42. Reimbursement of Additional Expenses Related to Basic Education.

Section 2502.43. Basic Education Funding for 2003-2004 School Year.

Section 2502.44. Basic Education Funding for 2004-2005 School Year.

Section 2502.45. Basic Education Funding for 2005-2006 School Year.

Section 2502.46. Funding for Partnership Schools.

Section 2502.47. Basic Education Funding for 2006-2007 School Year.

Section 2502.48. Basic Education Funding for Student Achievement.

Section 2502.49. Accountability to Commonwealth Taxpayers (Repealed).

Section 2502.50. Basic Education Funding for 2010-2011 School Year.

Section 2502.51. Basic Education Funding for 2011-2012 School Year.

Section 2502.52. Basic Education Funding for 2012-2013 School Year.

Section 2503.  Payments on Account of Tuition.

Section 2503.1. Minimum Reimbursements to Union and Merged Districts and Jointures (Repealed).

Section 2504.  Payments on Account of Vocational Curriculums (Repealed).

Section 2504.1. Payments on Account of Standardized Driver-Education Programs.

Section 2504.2. Payments on Account of Pupils Enrolled in Area Vocational-Technical Schools (Repealed).

Section 2504.3. Payments on Account of Students Enrolled in Technical Institutes.

Section 2504.4. Payments on Account of Limited English Proficiency Programs.

Section 2505.  Payments on Account of School Nurses (Repealed).

Section 2505.1. State Reimbursement for Health Services.

Section 2506.  Payments on Account of Approved Travel (Repealed).

Section 2506.1. Payments on Account of Approved Adult Program Travel.

Section 2507.  Payments on Account of Approved Vocational Extension Classes and Pre-employment Training.

Section 2508.  Distribution of Unencumbered Funds for Vocational Education.

Section 2508.1. Payment on Account of Equipment Purchased for Area Vocational-Technical Schools and Technical Institutes.

Section 2508.2. Payments on Account of Area Vocational-Technical Schools and Technical Institutes (Repealed).

Section 2508.3. Payments for Vocational Training of Recipients of Public Assistance and Unemployment Compensation.

Section 2508.4. Payments on Account of Improvements and Additions in Vocational-Technical Curriculums.

Section 2508.5. Payment on Account of Equipment Purchased for Area Vocational-Technical Schools and School Districts.

Section 2509.  Payments on Account of Courses for Exceptional Children.

Section 2509.1. Payments to Intermediate Units.

Section 2509.2. Payment on Account of Transportation Classes and Schools for Children of Migrant Laborers.

Section 2509.3. Payments on Account of Transportation of Nonpublic School Pupils.

Section 2509.4. Payments on Account of Special Education Services.

Section 2509.5. Special Education Payments to School Districts.

Section 2509.6. Average Cost Guarantee.

Section 2509.7. Minimum Guarantee.

Section 2509.8. Extraordinary Special Education Program Expenses.

Section 2509.9. Special Education Payments to Intermediate Units and School Districts for 1992-1993.

Section 2509.10. Special Education Payment Adjustments for 1992-1993 School Year.

Section 2509.11. Eligible Young Children.

Section 2509.12. Special Education Community Support Services.

Section 2509.13. Special Education Funding for Student Achievement and Instruction of Eligible Students.

Section 2509.14. Special Education Funding for Eligible Students with Disabilities in Cost Category 3 (Repealed).

Section 2509.15. Special Education Accountability.

Section 2509.16. Data Collection.

Section 2509.17. Protections.

Section 2510.  Payments on Account of Extension Classes and Instruction of Home Bound Children (Repealed).

Section 2510.1. Payments on Account of Homebound Children.

Section 2510.2. Assistance to School Districts Certified as Education Empowerment Districts.

Section 2510.3. Assistance to School Districts Declared to be in Financial Recovery Status or Identified for Financial Watch Status.

Section 2511.  Payments on Account of Closed Schools (Repealed).

Section 2511.1. Payments on Account of Obligations to State Public School Building Authority (Repealed).

Section 2512.  Certificates of Attendance Data.

Section 2513.  Certificates of Teacher Data.

Section 2513.1. Certificates of Expenditures for Vocational

Schools.

Section 2514.  Certificates of Assessed Valuations.

Section 2514.1. Personal Income Valuation Information and Determinations.

Section 2515.  Ascertainment of Amounts Required; Apportionment.

Section 2516.  Certification of Amounts.

Section 2517.  Payments.

Section 2518.  Forfeitures for Employing Improperly Certified Individuals.

Section 2519.  Withholding Payments for Failure to Pay Minimum Salaries and Increments.

Section 2520.  Payments on Account of Increase in Number of Pupils and Additional Closed Schools (Repealed).

Section 2521.  Errors in Certificates.

Section 2522.  Payments to School Treasurer; Use.

Section 2523.  Schools Closed on Account of Contagious Disease, etc.

Section 2524.  Penalty for Falsifying Reimbursement Reports.

Section 2525.  Audio-Visual Libraries and Instructional Materials Centers.

Section 2526.  Reduction of Payments Prohibited.

Section 2526.1. Budget Stabilization Plan Progress Report.

 

(c)  Pupil Transportation.

 

Section 2541.  Payments on Account of Pupil Transportation.

Section 2542.  Board and Lodging in Lieu of Transportation.

Section 2543.  Sworn Statement of Amount Expended for

Reimbursable Transportation; Payment; Withholding.

 

(d)  All Appropriations.

 

Section 2551.  Unused Appropriations.

Section 2552.  Withholding State Appropriations.

Section 2552.1. Effect of Failure to File Reports.

Section 2553.  Audits and Verifications of Rights to

Reimbursements.

 

(e)  Reimbursements Between School Districts.

 

Section 2561.  Tuition Charges for Pupils of Other Districts.

Section 2562.  Payments by Districts for Pupils Attending in Other Districts.

Section 2563.  Certification of Pupils Admitted from Other Districts; Monthly Payments.

Section 2564.  Deductions from State Appropriations.

Section 2565.  Sewer Charge or Rental, Districts Fourth Class.

 

(f)  School Building Rentals and

Sinking Fund Charges.

 

Section 2571.  Standard Reimbursement Fraction for School Building Rentals and Sinking Fund Charges (Repealed).

Section 2572.  State Public School Building Authority and Municipality Authority and Nonprofit Corporation Leases Heretofore Approved.

Section 2573.  Municipality Authority and Nonprofit Corporation Leases Heretofore Approved (Repealed).

Section 2574.  Approved Reimbursable Rental for Leases Hereafter Approved and Approved Reimbursable Sinking Fund Charges on Indebtedness.

Section 2574.1. Payments on Account of Building Site Costs.

Section 2574.2. Approved Reimbursable Annual Rental for Leases of Buildings and Facilities for School Use.

Section 2574.3. Approved Reimbursable Annual Rental for Leases of Buildings or Portions of Buildings for Charter School Use.

Section 2575.  Payments on Account of Leases Hereafter Approved and on Account of Sinking Fund Charges on Indebtedness for School Buildings Hereafter Constructed.

Section 2575.1. Payments on Account of Building Costs.

Section 2575.2. Payments on Account of Approved Rental for Leases of Buildings and Facilities for School Use.

Section 2576.  Approval of Department of Public Instruction.

Section 2577.  Limitations on Approval of Projects for Reimbursement Purposes.

Section 2578.  Payments.

Section 2578.1. Payments to School Districts Because of Density Factor.

Section 2579.  Inspection of Projects by Department of Public Instruction.

Section 2580.  Changes in the Amount of Lease Rentals.

 

(g)  Payments to Joint School Boards

or Joint School Committees.

 

Section 2585.  Payments to Joint School Boards or Joint School Committees.

 

(h)  Additional Payments.

 

Section 2591.  Additional Payments (Repealed).

Section 2591.1. Commonwealth Reimbursements for Charter Schools and Cyber Charter Schools.

Section 2592.  Guaranteed Payment (Repealed).

Section 2593.  Responsibility for Vocational Programs.

Section 2594.  Special Payments on Account of Minimum Salary

Increases.

Section 2595.  School Performance Incentives.

Section 2596.  Special Study on the Revenue Impact of Out-of-State Tax Credits.

Section 2597.  Distance Learning Grants (Repealed).

Section 2597.1. Education Mentoring and School Dropout Prevention Programs.

Section 2597.2. Program Establishment.

Section 2597.3. Eligible Grant Applicants.

Section 2597.4. Program Requirements.

Section 2597.5. Criteria for Awarding Grants.

Section 2597.6. Duties and Responsibilities of the Secretary of Education.

Section 2598.  Charter Schools Grants (Repealed).

Section 2599.  Administrative/Instructional Consolidation Incentives.

Section 2599.1. Multipurpose Service Center Grant Program.

Section 2599.2. Pennsylvania Accountability Grants.

Section 2599.3. Statewide Costing-out Study.

Section 2599.4. Targeted Industry Cluster Certificate Scholarship Program.

Section 2599.5. Distance Education Program.

 

ARTICLE XXV-A.

KEYSTONE EDUCATIONAL ACCOUNTABILITY.

 

Section 2501-A. Scope.

Section 2502-A. Purpose.

Section 2503-A. Definitions.

Section 2504-A. Establishment.

Section 2505-A. Best Financial Management Practices Standards.

Section 2506-A. Review Process.

Section 2507-A. State Certification as a Keystone District.

Section 2508-A. Failure to meet best Financial Management Practices Standards.

Section 2509-A. Duties of Department.

Section 2510-A. Revocation of Certification.

Section 2511-A. Cost Savings.

 

ARTICLE XXVI.

STATE SCHOOL FUND.

 

Section 2601.  How Constituted (Repealed).

Section 2602.  Management and Custody.

Section 2603.  Investments.

Section 2604.  Use of Fund Appropriation.

Section 2605.  Payments; How Made (Repealed).

Section 2606.  Reports of Condition of Fund.

Section 2607.  Refunds of Escheated Estates; Appropriation (Repealed).

 

ARTICLE XXVI-A.

SURPLUS GRANTS.

 

Section 2601-A. Legislative Findings.

Section 2602-A. Definitions.

Section 2603-A. Certification of Recipients.

Section 2604-A. Surplus Grants.

Section 2605-A. Use of Moneys.

Section 2606-A. Forfeiture.

Section 2607-A. Expiration.

 

ARTICLE XXVI-B.

THE STATE BOARD OF EDUCATION.

 

Section 2601-B. Definitions.

Section 2602-B. Membership.

Section 2603-B. Powers and Duties of the Board.

Section 2604-B. Powers and Duties of Council of Basic Education and Council of Higher Education.

Section 2605-B. Reports and Recommendations.

Section 2606-B. Cooperation Between the Board and the Department  of Education.

 

ARTICLE XXVI-C.

INSTITUTIONAL EQUIPMENT GRANTS.

(Expired)

 

Section 2601-C. Definitions (Expired).

Section 2602-C. Certification of Recipients (Expired).

Section 2603-C. Institutional Equipment Grants (Expired).

Section 2604-C. Use of Moneys (Expired).

Section 2605-C. Forfeiture (Expired).

Section 2606-C. Expiration (Expired).

 

ARTICLE XXVI-D.

EQUIPMENT GRANTS.

(Expired)

 

Section 2601-D. Definitions (Expired).

Section 2602-D. Certification of Recipients (Expired).

Section 2603-D. Institutional Equipment Grants (Expired).

Section 2604-D. Use of Moneys (Expired).

Section 2605-D. Forfeiture (Expired).

Section 2606-D. Expiration (Expired).

 

ARTICLE XXVI-E.

EQUIPMENT GRANTS.

(Expired)

 

Section 2601-E. Definitions (Expired).

Section 2602-E. Certification of Recipients (Expired).

Section 2603-E. Institutional Equipment Grants (Expired).

Section 2604-E. Use of Moneys (Expired).

Section 2605-E. Forfeiture (Expired).

Section 2606-E. Satisfaction of Expenditure Requirements (Expired).

Section 2607-E. Expiration (Expired).

 

ARTICLE XXVI-F.

EQUIPMENT GRANTS.

(Expired)

 

Section 2601-F. Definitions (Expired).

Section 2602-F. Certification of Recipients (Expired).

Section 2603-F. Institutional Equipment Grants (Expired).

Section 2604-F. Use of Moneys (Expired).

Section 2605-F. Forfeiture (Expired).

Section 2606-F. Expiration (Expired).

 

ARTICLE XXVI-G.

GRADUATE OPPORTUNITY FUND.

 

Section 2601-G. Graduate Opportunity Fund.

 

 

ARTICLE XXVI-H.

POST-SECONDARY DEGREES.

 

 

Section 2601-H. Power to Confer Degrees.

 

ARTICLE XXVI-I.

TEACHER RECRUITMENT ASSISTANCE.

 

Section 2601-I. Definitions.

Section 2602-I. Teacher Recruitment Assistance Program.

Section 2603-I. Teacher Recruitment Assistance.

Section 2604-I. Loan Forgiveness Awards.

 

ARTICLE XXVII.

REPEALS.

 

Section 2701.  Specific Repeals.

Section 2702.  General Repeal.

19490014uh

 

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

 

19490014u101h

 

ARTICLE I.

PRELIMINARY PROVISIONS.

 

19490014u101s

Section 101.  Short Title and Effective Date.--This act shall be known and may be cited as the "Public School Code of 1949." The provisions thereof shall become effective on the first day of July, one thousand nine hundred forty-nine, except in so far as they affect school districts of the first class. In so far as they affect school districts of the first class, the provisions of this act shall become effective on the first day of January, one thousand nine hundred fifty.

19490014u102s

Section 102.  Definitions.--When used in this act the following words and phrases shall have the following meanings:

"Academic performance target."  A percentage of students in a school or school district required to score at a level equal to or above proficient in those subject areas assessed through a PSSA test and required under the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) in order to achieve adequate yearly progress pursuant to 22 Pa. Code § 403.3 (relating to single accountability system).

"Adequate yearly progress" or "AYP."  Adequate yearly progress as defined by section 1111(b)(2)(C) of the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) and in 22 Pa. Code §§ 403.2 (relating to definitions) and 403.3 (relating to single accountability system).

"Board of school directors."  Includes the board of public education in school districts of the first class except where specifically limited to school districts of other classes.

"Corrective action."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating that a school or school district failed to meet adequate yearly progress for four or more consecutive years and requiring development of a corrective action plan.

"Keystone Exam."  An assessment developed or caused to be developed by the Department of Education pursuant to 22 Pa. Code § 4.51(f) (relating to State assessment system). (Def. added June 30, 2012, P.L.684, No.82)

"No Child Left Behind Act of 2001."  The No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

"Official visitor."  Includes the Governor, Lieutenant Governor, members of the Senate and the House of Representatives, the Secretary of Education and members of the State Board of Education.

"Pennsylvania System of School Assessment test" or "PSSA test."  A test developed and implemented by the Department of Education to determine only academic achievement relating to objective academic standards in the areas of reading, writing, mathematics and science and which test is so developed and implemented as necessary to comply with Federal law.

"Proficient."  The attainment of performance levels in those subject areas assessed through the Pennsylvania System of School Assessment test and required under the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) that have been approved by the State Board of Education to reflect satisfactory academic performance.

"School district."  Includes school districts of all classes except where specifically limited to districts of a particular class or classes.

"School improvement."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating a school or school district has failed to make adequate yearly progress for two consecutive years and needs improvement.

"School term."  The period of time elapsing between the opening of the public schools in the fall of one year and the closing of the public schools in the spring of the following year.

"School year."  The period of time elapsing in school districts of the first class between the first day of January and the 31st day of December of any year and in school districts of all other classes between the first day of July of one year and the 30th day of June of the following year. Effective July 1, 1997, for the 1997-1998 school year and each school year thereafter, school districts with a year-round education program may submit a request to the Secretary of Education for approval or disapproval to extend the school year until August 15 for the purpose of determining average daily memberships for students whose 180 days of instruction continue into the summer months.

"Warning."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating that a school or school district has failed to make its academic performance targets for one year.

(102 amended Dec. 23, 2003, P.L.304, No.48)

19490014u103s

Section 103.  Excluded Provisions.--This act does not include any provisions of, and shall not be construed to repeal:

(1)  The Public School Employes Retirement Law, approved the eighteenth day of July, one thousand nine hundred seventeen (Pamphlet Laws 1043). ((1) amended Sept. 28, 1951, P.L.1551, No.395)

(2)  The Municipal Claim and Tax Lien Law, approved the sixteenth day of May, one thousand nine hundred twenty-three (Pamphlet Laws 207).

(3)  "The Administrative Code of 1929", approved the ninth day of April, one thousand nine hundred twenty-nine (Pamphlet Laws 177).

(4)  "The Vehicle Code", approved the first day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 905).

(5)  The Delinquent Tax Sales Act of 1931, approved the twenty-ninth day of May, one thousand nine hundred thirty-one (Pamphlet Laws 280).

(6)  The "Municipal Borrowing Law", approved the twenty-fifth day of June, one thousand nine hundred forty-one (Pamphlet Laws 159).

(7)  The "Local Tax Collection Law", approved the twenty-fifth day of May, one thousand nine hundred forty-five (Pamphlet Laws 1050).

(8)  The "Real Estate Tax Sale Law", approved the seventh day of July, one thousand nine hundred forty-seven (Pamphlet Laws 1368).

(9)  The Act Relating to Strikes by Public Employes, approved the thirtieth day of June, one thousand nine hundred forty-seven (Pamphlet Laws 1183).

(10)  Any law relating to elections.

(11)  Any temporary law.

(12)  Any law validating past actions or proceedings.

(13)  Any amendment or supplement of any of the laws referred to in this section.

19490014u104s

Section 104.  Saving Clause.--The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly or part thereof shall not revive any act or part thereof heretofore repealed or superseded nor affect the existence or class of any school district heretofore created. The provisions of this act shall not affect the title to, or ownership of, any property, real or personal, vested prior to the effective date of this act. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws. All rules and regulations made pursuant to any act of Assembly repealed by this act shall continue with the same force and effect as if such act had not been repealed. Any person holding office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act.

19490014u105s

Section 105.  Right of Appeal Saved.--Except as herein otherwise provided, nothing in this act contained shall be held to preclude the right of appeal in actions arising under this act from any court wherein such action shall be brought.

19490014u106s

Section 106.  Publication of Notices, etc.; Proofs of Publication.--(a)  Whenever, under the provisions of this act, notice is required to be published in one newspaper, such publication shall be made in a newspaper of general circulation as defined by the "Newspaper Advertising Act" of May sixteen, one thousand nine hundred twenty-nine (Pamphlet Laws 1784), printed in the county, unless the matter in connection with which the advertising is being done affects only a school district, in which case such advertisement shall be published in a newspaper printed in such school district, if there is such a newspaper, and if not, then in a newspaper circulating generally in such school district. If such notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, defined as aforesaid, printed, if there be such a newspaper, or circulating generally, as above provided, in the school district.

(b)  When such notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, such notice, in each school district, shall also be published in the legal newspaper, if any, designated by the rules of court of the proper county for the publication of legal notices and advertisements: Provided, That auditors' statements, summaries of auditors' statements, advertisements inviting proposals for public contracts and for bids for materials and supplies, or lists of delinquent taxpayers, shall be published only in newspapers of general circulation, defined as aforesaid.

(c)  Proof of publication of any notice required to be given by the posting of handbills or statements shall be made by attaching an original copy of such handbill or statement as actually printed and posted to an affidavit made by the person posting such notice. Such affiant shall not be an interested party or an employe of any person or persons interested in the subject matter of said notice. His affidavit shall state where and when the notices were posted and where the notice was published in newspapers, as aforesaid. A printed copy, exactly as published in said newspaper, shall be securely attached to a similar affidavit of the publisher or his designated agent.

19490014u107s

Section 107.  Compensation for Services or Additional Services.--Where, by the provisions of this act, any services or additional services are imposed upon any public official for which no compensation is provided, the board of school directors of the proper district may, unless such service is required to be performed without compensation, pay out of the funds of the district such reasonable compensation for such service or additional service as it may determine, subject to the provisions of this act.

19490014u108s

Section 108.  Religious or Political Tests, etc., Prohibited.--No religious or political test or qualification shall be required of any director, visitor, superintendent, teacher, or other officer, appointee, or employe in the public schools of this Commonwealth.

19490014u109s

Section 109.  Disposition of Fines.--All fines that are imposed and collected under any of the provisions of this act shall be paid to the treasurer of the proper school district, or, when the proper school district cannot be determined, into the State School Fund.

19490014u110s

Section 110.  Official Visitors Access to Public Schools.--An official visitor shall have access to and may not be denied access to any public school in the Commonwealth at any time.

(110 added May 11, 1982, P.L.396, No.115)

19490014u111s

Section 111.  Criminal History of Employes and Prospective Employes; Conviction of Certain Offenses.--(Hdg. amended June 30, 2012, P.L.684, No.82) (a)  ((a) expired March 31, 2007. See Act 114 of 2006.)

(a.1)  Beginning April 1, 2007, this section shall apply to all current and prospective employes of public and private schools, intermediate units and area vocational-technical schools, including, but not limited to, teachers, substitutes, janitors, cafeteria workers, independent contractors and their employes, except those employes and independent contractors and their employes who have no direct contact with children.

(1)  Beginning April 1, 2007, this section shall apply to bus drivers employed or offered employment by a school district, private school, nonpublic school, intermediate unit or area vocational-technical school or by an independent contractor.

(2)  Beginning April 1, 2007, this section shall apply to student teachers and student teacher candidates assigned to all public and private schools, intermediate units and area vocational-technical schools.

(3)  For purposes of this section, "student teacher" or "student teacher candidate" shall mean an individual participating in a classroom teaching, internship, clinical or field experience who, as part of a program for the initial or advanced preparation of professional educators, performs classroom teaching or assists in the education program in a public or private school, intermediate unit or area vocational-technical school under the supervision of educator preparation program faculty.

(4)  Prior to a student teacher or student teacher candidate's participation in any classroom teaching, internship, clinical or field experience, the student teacher or student teacher candidate shall provide to the administrator of his or her educator preparation program all criminal history record information required of an employe or prospective employe who is subject to this section.

(5)  A student teacher or student teacher candidate may not participate in any classroom teaching, internship, clinical or field experience if this section would prohibit an employe or prospective employe subject to this section from being employed under those circumstances.

(6)  During the course of a student teacher or student teacher candidate's participation in an educator preparation program, the administrator of the student teacher or student teacher candidate's educator preparation program shall maintain a copy of the criminal history record information that was provided by the student teacher or student teacher candidate. The penalty provisions of subsection (g) shall be applicable to the administrator of a student teacher or student teacher candidate's educator preparation program.

(7)  If a student teacher or student teacher candidate is continuously enrolled in an educator preparation program, the criminal history record information initially submitted by the student teacher or student teacher candidate to that program shall remain valid during that period of enrollment, subject to the requirements of subsection (j). If a student teacher or student teacher candidate's enrollment in an educator preparation program is interrupted or if the student teacher or student teacher candidate transfers to another educator preparation program, the student teacher or student teacher candidate shall provide to the administrator of his or her educator preparation program all criminal history record information required of an employe who is subject to this section.

((a.1) amended June 30, 2012, P.L.684, No.82)

(b)  Administrators of public and private schools, intermediate units and area vocational-technical schools shall require prospective employes to submit with their employment application, pursuant to 18 Pa.C.S. Ch.91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. Such report of criminal history record information shall be no more than one (1) year old. An applicant may submit a copy of the required information with the application for employment. Administrators shall maintain a copy of the required information. Administrators shall require contractors to produce a report of criminal history record information for each prospective employe of such contractor prior to employment. A copy of the report of criminal history record information from the Pennsylvania State Police shall be made available to the applicant in a manner prescribed by the Department of Education. ((b) amended July 9, 2008, P.L.846, No.61)

(c)  ((c) expired March 31, 2007. See Act 114 of 2006.)

(c.1)  Beginning April 1, 2007, administrators shall maintain on file with the application for employment a copy of the Federal criminal history record in a manner prescribed by the Department of Education. At a minimum, the Department of Education shall prescribe a method for applicants to submit a set of fingerprints to be transmitted to the Federal Bureau of Investigation for Federal criminal history record information pursuant to the applicable Federal law. The Federal criminal history record information report shall be no more than one (1) year old. Administrators shall maintain a copy of the required information and shall require each applicant to secure a Federal criminal history record information report that may not be more than one (1) year old at the time of employment. A copy of the Federal criminal history record information report shall be made available to the applicant in a manner prescribed by the Department of Education. ((c.1) amended July 9, 2008, P.L.846, No.61)

(c.2)  The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall not apply if the request is made pursuant to this section. ((c.2) added July 9, 2008, P.L.846, No.61)

(d)  The State Board of Education shall, in the manner provided by law, promulgate the regulations necessary to carry out this section. The regulations shall provide for the confidentiality of criminal history record information obtained pursuant to this act.

(e)  No person subject to this act shall be employed or remain employed in a public or private school, intermediate unit or area vocational-technical school where a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of any of the following offenses:

(1)  An offense under one or more of the following provisions of Title 18 of the Pennsylvania Consolidated Statutes:

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor vehicle or structure).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 3129 (relating to sexual intercourse with animal).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902(b) (relating to prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).

Section 6301(a)(1) (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with minor).

Section 6319 (relating to solicitation of minors to traffic drugs).

Section 6320 (relating to sexual exploitation of children).

(2)  An offense designated as a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act."

(3)  An offense similar in nature to those crimes listed in clauses (1) and (2) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

((e) amended June 30, 2012, P.L.684, No.82)

(f)  ((f) deleted by amendment June 30, 2011, P.L.112, No.24)

(f.1)  (1)  If a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of an offense graded as a felony offense of the first, second or third degree other than one of the offenses enumerated under subsection (e), the person shall be eligible for continued or prospective employment only if a period of ten years has elapsed from the date of expiration of the sentence for the offense.

(2)  If a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of an offense graded as a misdemeanor of the first degree, other than one of the offenses enumerated in subsection (e), the person shall be eligible for continued or prospective employment only if a period of five years has elapsed from the date of expiration of the sentence for the offense.

(3)  If the report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted more than once for an offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to driving under influence of alcohol or controlled substance) and the offense is graded as a misdemeanor of the first degree under 75 Pa.C.S. § 3803 (relating to grading), the person shall be eligible for current or prospective employment only if a period of three years has elapsed from the date of expiration of the sentence for the most recent offense.

((f.1) amended June 30, 2012, P.L.684, No.82)

(f.2)  Nothing in this section shall be construed to interfere with the ability of a public or private school, intermediate unit or area vocational-technical school to make employment, discipline or termination decisions, provided that this subsection shall not be construed to conflict with subsection (e), (f.1) or (j)(6).

((f.2) amended June 30, 2012, P.L.684, No.82)

(g)  An administrator, or other person responsible for employment decisions in a school or other institution under this section who wilfully fails to comply with the provisions of this section commits a violation of this act and shall be subject to civil penalty as provided in this section.

(1)  The department shall have jurisdiction to determine violators of this section and may, following a hearing, assess a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(2)  The civil penalty shall be payable to the Commonwealth.

(h)  Subject to the requirements of subsection (j), any person who has once obtained the information required under subsections (b), (c) and (c.1) may transfer to or provide services to another school in the same district, diocese or religious judicatory or established and supervised by the same organization and shall not be required to obtain additional reports before making such transfer.

((h) amended June 30, 2012, P.L.684, No.82)

(i)  Notwithstanding subsections (b), (c) and (c.1), and subject to the requirements of subsection (j), administrators, before April 1, 2007, may employ in-State applicants on a provisional basis for a single period not to exceed thirty (30) days and may employ out-of-State applicants on a provisional basis for a single period not to exceed ninety (90) days and, after March 31, 2007, may employ any applicants on a provisional basis for a single period not to exceed ninety (90) days, except during a lawful strike proceeding under the provisions of the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations Act," provided that all of the following conditions are met:

(1)  the applicant has applied for the information required under subsection (b) and, where applicable, under subsection (c) or (c.1) and the applicant provides a copy of the appropriate completed request forms to the administrator;

(2)  the administrator has no knowledge of information pertaining to the applicant which would disqualify him from employment pursuant to subsection (e) or (f.1);

(3)  the applicant swears or affirms in writing that he is not disqualified from employment pursuant to subsection (e) or (f.1);

(4)  if the information obtained pursuant to subsection (b), (c) or (c.1) reveals that the applicant is disqualified from employment pursuant to subsection (e) or (f.1), the applicant shall be suspended and subject to termination proceedings as provided for by law; and

(5)  the administrator requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employe.

((i) amended June 30, 2012, P.L.684, No.82)

(j)  (1)  The department shall develop a standardized form to be used by current and prospective employes of public and private schools, intermediate units and area vocational-technical schools for the written reporting by current and prospective employes of any arrest or conviction for an offense enumerated under subsections (e) and (f.1). The form shall provide a space in which a current or prospective employe who has not been convicted of or arrested for any such offense will respond "no conviction" and "no arrest." The form also shall provide that failure to accurately report any arrest or conviction for an offense enumerated under subsection (e) or (f.1) shall subject the current or prospective employe to criminal prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). The department shall publish the form on its publicly accessible Internet website and in the Pennsylvania Bulletin.

(2)  All current and prospective employes of a public or private school, intermediate unit or area vocational-technical school shall complete the form described in clause (1), indicating whether or not they have been arrested for or convicted of an offense enumerated under subsections (e) and (f.1), provided that any current employe who completed the form on or before December 27, 2011, in compliance with clauses (1) and (2) on that date and who has not been arrested for or convicted of an offense enumerated under subsections (e) and (f.1) shall not be required to complete an additional form under this subsection.

(3)  If, as required in clause (2), a current or prospective employe refuses to submit the form described in clause (1), the administrator or other person responsible for employment decisions in a school or other institution shall immediately require the current or prospective employe to submit to the administrator a current report of criminal history record information as required under subsections (a.1), (b) and (c.1).

(4)  If the arrest or conviction for an offense enumerated under subsection (e) or (f.1) occurs after the effective date of this subsection, the current or prospective employe shall provide the administrator or designee with written notice utilizing the form provided for in clause (1) not later than seventy-two (72) hours after an arrest or conviction.

(5)  If an administrator or other person responsible for employment decisions in a school or other institution has a reasonable belief that a current or prospective employe was arrested or has a conviction for an offense required to be reported under clause (2) or (4) and the employe or prospective employe has not notified the administrator as required under this section, the administrator or other person responsible for employment decisions in a school or other institution shall immediately require the current or prospective employe to submit to the administrator a current report of criminal history record information as required under subsections (a.1), (b) and (c.1). The cost of the criminal background check shall be borne by the employing entity.

(6)  A current or prospective employe who willfully fails to disclose a conviction or an arrest for an offense enumerated under this section shall be subject to discipline up to and including termination or denial of employment and may be subject to criminal prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

((j) amended June 30, 2012, P.L.684, No.82)

(111 amended Dec. 19, 1990, P.L.1362, No.211)

19490014u111v

 

Compiler's Note:  Section 34 of Act 61 of 2008, which amended section 111(b) and (c), provided that Act 61 shall apply retroactively to July 1 2008.

19490014u112s

Section 112.  Report of Racial and Ethnic Groupings.--The Department of Education shall conduct a thorough review of the 1991-1992 PennData report "Statistical Summary for 1991-1992" and identify those school districts that have special education enrollments whose gender and ethnic representation exceeds by five percent (5%) the gender and ethnic makeup of the student population for the 1991-1992 school year. The Department of Education shall report to the Committee on Education in the Senate and the Committee on Education in the House of Representatives by October 1993 the findings of the review by the Department of Education, an outline of what further investigative steps should be taken, recommendations for appropriate actions to be taken by the Department of Education and any technical assistance services to be provided by the Department of Education to school districts.

(112 added June 7, 1993, P.L.49, No.16)

19490014u113s

Section 113.  Study of Public Schools that Provide Internet Instruction.--(a)  The Department of Education shall conduct a study of public schools that provide instruction primarily through the Internet. The study shall include:

(1)  a review of academic accountability methods and systems;

(2)  a summary of governance structures, approval processes and oversight mechanisms of each public school that provides instruction primarily through the Internet;

(3)  an analysis and verification of the actual and reasonable instructional cost per student for each public school that provides instruction primarily through the Internet; and

(4)  recommendations regarding funding alternatives.

(b)  The Department of Education shall prepare a report that includes its findings and recommendations from the study and shall provide the report to the chairman and the minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives by October 30, 2001.

(c)  In the event that the report required under subsection (b) is not provided by October 30, 2001, no school district shall pay to any public school that provides instruction primarily through the Internet an amount to exceed two thousand dollars ($2,000) per resident student enrolled.

(113 added June 22, 2001, P.L.530, No.35)

19490014u114s

Section 114.  Report of Graduate Rates for Certain Colleges and Universities.--(a)  The Department of Education shall annually conduct a survey related to completion of undergraduate degree programs by students who are residents of this Commonwealth in four-year, public colleges and universities and in private, not-for-profit colleges and universities in this Commonwealth. The survey shall include the following information for each college or university:

(1)  the number and percentage of first-time, full-time students who graduate in four (4) years or less; and

(2)  the number and percentage of first-time, full-time students enrolled in approved five-year programs who graduate in five (5) years or less.

(b)  By January 15, 2003, and each year thereafter, the department shall publish the results of the survey on its World Wide Web site and provide a copy to the Governor, the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives.

(c)  The department shall develop guidelines to implement the requirements of this section.

(114 added June 29, 2002, P.L.524, No.88)

19490014u115s

Section 115.  Optometric Externs.--(a)  Notwithstanding the provisions of section 6 of the act of June 6, 1980 (P.L.197, No.57), known as the "Optometric Practice and Licensure Act," an optometric extern who is performing procedures and tests for the sole purpose of clinical instruction and experience under the direct supervision of a licensed health care professional in this Commonwealth shall be defined as a student enrolled in an accredited school or college of optometry in the United States.

(b)  An optometric extern may not independently practice optometry.

(115 added July 4, 2004, P.L.536, No.70)

19490014u116s

Section 116.  Technical Assistance and Information Provided by Department of Education.--(a)  A school district or school identified for warning, school improvement or corrective action shall be eligible for technical assistance from the Department of Education.

(b)  Within ten (10) days of a request from the board of school directors of an eligible school district, the Department of Education shall provide technical assistance to the school district or any school within the school district identified for warning, school improvement or corrective action. Such technical assistance shall include, but shall not be limited to:

(1)  Assistance to analyze data from the Pennsylvania System of School Assessment test or any other test established by the State Board of Education for the purpose of assessing student progress toward or attainment of an academic performance target.

(2)  Assistance to identify and implement professional development and instructional strategies and methods to improve the academic performance of students in subject areas for which an academic performance target has been established and has not been met.

(3)  Assistance to analyze the school district's budget or parts thereof to enable the school district to more effectively allocate its resources.

(4)  Identification, training and assignment of educational advisors to schools eligible for school improvement or corrective action.

(5)  Identification and implementation of professional development and instructional strategies and methods to improve the academic performance of students who are classified as students with disabilities, as limited English proficient students or as students who have been enrolled in a school district for less than two (2) school years.

(c)  The Department of Education shall establish a clearinghouse of information related to specific strategies for improving the academic performance of students in eligible school districts. Such clearinghouse shall include best practices, methods and instructional strategies based on scientific research, including, but not limited to:

(1)  Parental involvement programs and policies.

(2)  Classroom instructional strategies.

(3)  Curriculum redesign.

(4)  School safety.

(5)  Tutoring programs.

(d)  In order to fulfill its duties under this section, the Department of Education may, in consultation with a school district, assign personnel of the Department of Education or contract with outside providers to ensure that the requirements of subsection (b) are met.

(e)  Nothing contained in this section shall supersede or preempt any provision of a collective bargaining agreement between a school district and an employe organization.

(116 added July 14, 2005, P.L.308, No.55)

19490014u117s

Section 117.  Prohibition of Certain Regulations for the 2008-2009 Fiscal Year.--Notwithstanding any provision of law to the contrary, in the 2008-2009 fiscal year, a regulation to change or establish high school graduation requirements shall not be further promulgated, approved or proposed.

(117 added July 9, 2008, P.L.846, No.61)

19490014u117v

 

Compiler's Note:  Section 34 of Act 61 of 2008, which added section 117, provided that Act 61 shall apply retroactively to July 1 2008.

19490014u118s

Section 118.  Collection of Identifying Information of Students Attending Institutions of Higher Education.--(a)  The following provisions shall apply to the Department of Education's collection of identifying information of students:

(1)  The department may collect identifying information of students only if:

(i)  the department is specifically required to do so under Federal statute or regulation or under another provision of this act; or

(ii)  the information is voluntarily provided by an institution of higher education.

((1) amended June 30, 2012, P.L.684, No.82)

(2)  To the extent the department may collect identifying information of a student under clause (1), the following shall apply:

(i)  Before collecting any identifying information from an institution of higher education, the department shall provide the institution of higher education with written notice of the identifying information the department seeks to collect and the date by which a student who wishes to do so may opt out of the department's information collection.

(ii)  Upon receiving the notice required under subparagraph (i), the institution of higher education shall provide those students who are subject to the request for identifying information with electronic notice of the department's request and of the students' ability to opt out of the department's collection of identifying information by the date identified by the department in subparagraph (i). The notice shall direct students to an Internet website maintained by the department which shall contain the following information:

(A)  A description of the identifying information the department seeks to collect.

(B)  A statement of the department's legal authority to collect the identifying information.

(C)  A statement informing students that, by the date identified by the department in subparagraph (i), they may opt out of the department's collection of identifying information.

(D)  An electronic link the student may use to opt out of the department's collection of identifying information.

(iii)  Following the opt-out date identified by the department in subparagraph (i), the department shall provide the institution of higher education with a list of those students who have opted out of the department's collection of identifying information.

(iv)  The institution of higher education may provide the department with identifying information for only those students who have not opted out of the department's collection of identifying information.

(3)  Notwithstanding clause (1), the department may collect student information in an aggregated format that does not reveal the identifying information of an individual student.

(4)  To the extent the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a successor Federal statute requires an institution of higher education to obtain a student's written consent to the disclosure of identifying information, those provisions shall apply.

(5)  An institution of higher education that discloses identifying information to the department at the department's request shall not be held liable in any court of law for any breach of confidentiality pertaining to such identifying information that resulted from actions of the department or the department's staff, contractors or researchers, whether paid or unpaid.

(b)  The Secretary of Education shall establish an advisory committee to offer recommendations to the Department of Education concerning the department's collection of identifying information and other data from institutions of higher education. The following shall apply to the advisory committee established under this section:

(1)  The secretary shall appoint six (6) members to the advisory committee, including the following:

(i)  A representative of a community college operating under Article XIX-A.

(ii)  A representative of the State System of Higher Education.

(iii)  A representative of an institution of higher education that is designated as "State-related" by the Commonwealth.

(iv)  A representative of an accredited private or independent college or university.

(v)  A representative of a private licensed school.

(vi)  A representative of the department's information technology staff.

(2)  The advisory committee shall meet at least quarterly at the call of the secretary or the secretary's designee, who shall serve as chairperson. The first meeting of the advisory committee shall occur within sixty (60) days of the effective date of this section.

(3)  Members of the advisory committee shall serve without compensation.

(c)  For purposes of this section, the following words and phrases shall have the following meanings:

"Identifying information" shall mean any document, photographic, pictorial or computer image of another person or any fact used to establish identity, including, but not limited to, a name, birth date, Social Security number, driver's license number, nondriver governmental identification number, telephone number, checking account number, savings account number, student identification number, employe or payroll number, residence address, mailing address, e-mail address or electronic signature.

"Institution of higher education" includes any of the following:

(1)  A community college operating under Article XIX-A.

(2)  A university within the State System of Higher Education.

(3)  The Pennsylvania State University.

(4)  The University of Pittsburgh.

(5)  Temple University.

(6)  Lincoln University.

(7)  Any other institution that is designated as "State-related" by the Commonwealth.

(8)  Any accredited private or independent college or university.

(9)  Any private licensed school as defined in the act of December 15, 1986 (P.L.1585, No.174), known as the "Private Licensed Schools Act."

"Student" shall mean a person who attends an institution of higher education, whether enrolled on a full-time, part-time, credit or noncredit basis.

(118 added June 30, 2011, P.L.112, No.24)

19490014u119s

Section 119.  Adjustments Based on Consumer Price Index.--(119 repealed June 30, 2012, P.L.684, No.82)

19490014u119v

 

Compiler's Note:  Section 5 of Act 97 of 2011, which added section 119, provided that Act 97 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 5.

19490014u120s

Section 120.  Adjustments Based on Consumer Price Index.--Adjustments to the base amounts shall be made as follows:

(1)  The Department of Labor and Industry shall determine the percentage change in the Consumer Price 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 twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.

(2)  If the Department of Labor and Industry determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period.

(3)  (i)  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 paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts.

(4)  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 adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts.

(5)  The determinations and adjustments required under this section shall be made in the period between October 1 and November 15, 2012, and annually between October 1 and November 15 of each year thereafter.

(6)  The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7)  The Department of Labor and Industry shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required and written or telephonic price quotations are required, respectively, for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the Department of Labor and Industry in establishing the unadjusted or final adjusted base amounts under this section for the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three percent (3%).

(120 added June 30, 2012, P.L.684, No.82)

19490014u121s

Section 121.  Keystone Exams.--Subject to annual appropriation, not later than the 2020-2021 school year, the Department of Education shall develop and implement Keystone Exams in the following subjects: algebra I, literature, biology, English composition, algebra II, geometry, United States history, chemistry, civics and government and world history. The State Board of Education shall promulgate regulations, subject to the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act," necessary to implement this section.

(121 added June 30, 2012, P.L.684, No.82)

19490014u122s

Section 122.  Special Education Funding Commission.--(a)  There is hereby established a Special Education Funding Commission.

(b)  The Special Education Funding Commission shall review and make recommendations related to special education funding as provided in this section.

(c)  (1)  The commission shall consist of the following members:

(i)  The chair and minority chair of the Education Committee of the Senate and the chair and minority chair of the Education Committee of the House of Representatives, or their designees.

(ii)  Two (2) legislators from each of the four (4) legislative caucuses, to be appointed by the President pro tempore of the Senate and the Speaker of the House of Representatives in consultation with the Majority and Minority Leaders of the Senate and the Majority and Minority Leaders of the House of Representatives.

(iii)  The Secretary of Education or a designee.

(iv)  The Secretary of the Budget or a designee.

(v)  The Deputy Secretary for Elementary and Secondary Education or a designee.

(2)  The commission shall appoint a member to serve as chair of the commission.

(d)  The commission shall hold its first meeting within thirty (30) days of the effective date of this section, regardless of whether the Governor or all legislative caucuses have actually approved members to the commission.

(e)  The commission shall hold meetings at the call of the chair.

(f)  The members may not receive compensation for their services but shall be reimbursed for all necessary travel and other reasonable expenses incurred in connection with the performance of their duties as members of the commission.

(g)  The General Assembly shall provide administrative support, meeting space and any other assistance required by the commission to carry out its duties under this section in cooperation with the department. The department shall provide the commission with data, research and other information upon request by the commission.

(h)  The commission shall develop a special education formula and identify factors that may be used to determine the distribution of a change in special education funding among the school districts in this Commonwealth.

(i)  The commission shall have all of the following powers and duties:

(1)  Review and make findings and recommendations related to special education funding in this Commonwealth.

(2)  Consult with and utilize experts to assist in carrying out the duties under this subsection.

(3)  Receive input from interested parties, including, but not limited to, charter and cyber charter school operators, and gather information on the identification of children as eligible students by charter and cyber charter schools. The commission shall also receive input and gather information on charter and cyber charter school funding reimbursements regarding eligible students. The commission shall draft proposed regulations and proposed legislation based on its findings.

(4)  Hold public hearings in different regions of this Commonwealth.

(5)  Issue a report of its findings and recommendations to the Governor, the President pro tempore of the Senate, the Majority Leader and Minority Leader of the Senate, the Education Committee of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of the House of Representatives, the Education Committee of the House of Representatives, the Secretary of Education and the State Board of Education not later than November 30, 2013. ((5) amended July 9, 2013, P.L.  , No.59)

(6)  Determine the factors under this paragraph that may include all of the following:

(i)  Three (3) cost categories of eligible students, established so that students with disabilities typically requiring the least intensive range of services would comprise Cost Category 1, students with disabilities typically requiring a middle range of services would comprise Cost Category 2 and students with disabilities typically requiring the most intensive range of services would comprise Cost Category 3. The commission shall determine a description of and parameters for each of the three (3) cost categories.

(ii)  A student count for each school district averaged for each of the three (3) most recent years for each cost category of eligible students. For Cost Category 3, the number of eligible students residing or enrolled in the school district and classified in Cost Category 3 shall be calculated in a manner that limits the potential incentive for school districts to overidentify, except for the number of eligible students who are placed by the school district and served in public or private separate schools, residential placements or homebound or hospital placements.

(iii)  A weighting factor that differs for each of the three (3) cost categories of students with disabilities based on the typical range of services for each cost category.

(iv)  Adjustments for any of the following:

(A)  The market value/personal income aid ratio averaged for each of the three (3) most recent years for each school district.

(B)  The equalized millage rate averaged for each of the three (3) most recent years for each school district.

(C)  Geographic price differences identified for each school district.

(v)  A proportional system for distributing the changes in special education funding among the school districts, based on factors listed in this section.

(vi)  Development and implementation by the department of improved systems for collecting and documenting student enrollment and membership in public schools, including revised methods for calculating average daily membership.

(vii)  Other factors related to the distribution of special education funding.

(7)  Review and consider special education funding factors utilized throughout the United States.

(8)  In developing the special education funding factors under subsection (h) and in completing the report required under this subsection, consider the impact these factors may have on the distribution of special education funding among the school districts.

(9)  Review the administration of State and regional special education programs and services to determine if cost savings may be achieved and make recommendations to implement the savings.

(10)  Consult with and utilize experts to assist the commission in carrying out the duties under this subsection.

(11)  Prior to recommending a special education formula under this section, consider nationally accepted accounting and budgeting standards.

(j)  The special education formula developed by the commission shall not go into effect unless the formula is approved by an act of the General Assembly enacted after the effective date of this section.

(k)  Every five (5) years the commission shall be reconstituted in accordance with subsection (c) and shall meet and hold public hearings to review the operation of the special education funding provisions of this section, shall make a further report and shall issue the report to the recipients listed in subsection (i)(5). When in receipt of a further report recommending changes to the special education funding formula, the General Assembly shall consider and take action to enact the formula into law in accordance with subsection (j).

(l)  The General Assembly shall, through the annual appropriations process, determine the level of State funding for special education and the amount of any change in funding. The special education formula developed under this section shall determine only the distribution of any increase in special education funding among the school districts of this Commonwealth above the amount of special education funding in the base year and shall not be used for any other purpose.

(m)  Notwithstanding any provision of law to the contrary, for the 2013-2014 school year and each school year thereafter, any State funding for special education in an amount that does not exceed the amount of State funding for special education in the base year shall be allocated in the same manner as the State funding was allocated in the base year.

(n)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Base year."  Fiscal year 2010-2011.

"Commission."  The Special Education Funding Commission established under this section.

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

(122 added Apr. 25, 2013, P.L.12, No.3)

19490014u122v

 

Compiler's Note:  See the preamble to Act 59 of 2013 in the appendix to this act for special provisions relating to legislative findings and declarations.

Compiler's Note:  Section 4 of Act 3 of 2013 provided that the Secretary of Education shall propose regulations for promulgation by the State Board of Education which implement section 122.

19490014u123s

Section 123.  Basic Education Funding Commission.--(a)  There is hereby established a Basic Education Funding Commission.

(b)  The commission shall review and make recommendations related to basic education funding as provided in this section.

(c)  (1)  The commission shall consist of the following members:

(i)  The chair and minority chair of the Education Committee of the Senate and the chair and minority chair of the Education Committee of the House of Representatives or their designees.

(ii)  Two (2) legislators from each of the four (4) legislative caucuses, to be appointed by the President pro tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Majority Leader and Minority Leader of the Senate and the Majority Leader and Minority Leader of the House of Representatives.

(iii)  The Secretary of Education or a designee.

(iv)  The Deputy Secretary for Elementary and Secondary Education or a designee.

(v)  An individual appointed by the Governor from within the Governor's Administration.

(2)  The commission shall appoint a member to serve as chair of the commission.

(d)  The commission shall hold its first meeting within forty-five (45) days of the effective date of this section, regardless of whether the Governor or all legislative caucuses have actually approved members to the commission.

(e)  The commission shall hold meetings at the call of the chair.

(f)  The members may not receive compensation for their services but shall be reimbursed for all necessary travel and other reasonable expenses incurred in connection with the performance of their duties as members of the commission.

(g)  The General Assembly shall provide administrative support, meeting space and any other assistance required by the commission to carry out its duties under this section in cooperation with the department. The department shall provide the commission with data, research and other information upon request by the commission.

(h)  The commission shall develop a basic education funding formula and identify factors that may be used to determine the distribution of basic education funding among the school districts in this Commonwealth. The factors identified under this subsection may include all of the following:

(1)  The market value/personal income aid ratio averaged for each of the three (3) most recent years for each school district.

(2)  The equalized millage rate averaged for each of the three (3) most recent years for each school district.

(3)  Geographic price differences identified for each school district.

(4)  Whether a school district has experienced exceptionally high enrollment growth.

(5)  Whether a school district has an exceptionally high level of local support.

(6)  Whether a school district has a high level of its students in poverty as identified as eligible for free or reduced price meals under the National School Lunch Program.

(7)  Whether a school district has students identified as limited English proficient.

(8)  Whether the district has a scarce or dense population in relation to the district size.

(9)  Other factors related to the distribution of basic education funding.

(i)  The commission shall have all of the following powers and duties:

(1)  Review and make findings and recommendations related to basic education funding in this Commonwealth.

(2)  Consult with and utilize experts to assist the commission in carrying out the duties under this subsection.

(3)  Receive input from interested parties, including, but not limited to, school districts and charter and cyber charter school operators.

(4)  Hold public hearings in different regions of this Commonwealth.

(5)  Review and consider basic education funding formulas and factors utilized throughout the United States.

(6)  In identifying the basic education funding factors under subsection (h) and in completing the report required under this subsection, consider the impact these factors may have on the distribution of basic education funding among the school districts.

(7)  Review the administration of State and regional basic education programs and services to determine if cost savings may be achieved and make recommendations to implement the savings.

(8)  Prior to recommending a basic education funding formula under this section, consider the potential consequences of a basic education funding formula that does not allocate to each school district at least the same level or proportion of State basic education funding as the school district received in the prior school year.

(9)  Prior to recommending a basic education funding formula under this section, consider nationally accepted accounting and budgeting standards.

(10)  Develop a proposed basic education funding formula and factors pursuant to subsection (h).

(11)  Draft proposed regulations and proposed legislation based on the commission's findings.

(12)  Issue a report of the commission's findings and recommendations to the Governor, the President pro tempore of the Senate, the Majority Leader and Minority Leader of the Senate, the Education Committee of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of the House of Representatives, the Education Committee of the House of Representatives, the Secretary of Education and the State Board of Education not later than one (1) year after the effective date of this section.

(j)  The basic education formula developed by the commission shall not go into effect unless the formula is approved by an act of the General Assembly enacted after the effective date of this section.

(k)  Every five (5) years, the commission shall be reconstituted in accordance with subsection (c), shall meet and hold public hearings to review the operation of the basic education funding provisions of this section, shall make a further report and shall issue the report to the recipients listed in subsection (i)(12).

(l)  The General Assembly shall, through the annual appropriations process, determine the level of State funding for basic education.

(m)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Commission."  The Basic Education Funding Commission established under this section.

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

(123 added June 10, 2014, P.L.675, No.51)

19490014u201h

 

ARTICLE II.

SCHOOL DISTRICTS.

 

(a)  Designation and Classification.

 

19490014u201s

Section 201.  How Constituted.--All school districts shall remain as now constituted until changed as authorized by this act. Except as otherwise now or hereafter constituted, each city, incorporated town, borough, or township in this Commonwealth, now existing or hereafter created, shall constitute a separate school district, to be designated and known as the "School District of ...........................:" Provided, That where any city, incorporated town, borough, or township, or a part of the school district remaining after its separation would constitute a third or fourth class school district, it shall remain a part of the school district to which it formerly belonged until the change to a new school district is approved by the Council of Basic Education, as hereinafter provided.

(201 amended Oct. 21, 1965, P.L.601, No.312)

19490014u202s

Section 202.  Classification.--The several school districts of the Commonwealth are hereby divided into five classes, as follows:

Each school district having a population of one million (1,000,000), or more, shall be a school district of the first class;

Each school district having a population of two hundred fifty thousand (250,000), or more, but of less than one million (1,000,000), shall be a school district of the first class A;

Each school district having a population of thirty thousand (30,000), or more, but of less than two hundred fifty thousand (250,000), shall be a school district of the second class;

Each school district having a population of five thousand (5,000), or more, but of less than thirty thousand (30,000), shall be a school district of the third class.

Each school district having a population of less than five thousand (5,000) shall be a school district of the fourth class.

(202 amended June 22, 2001, P.L.530, No.35)

19490014u203s

Section 203.  Creation of New Cities, Boroughs, and Townships.--When a new school district is formed by the creation of a new city, borough, or township, the court of common pleas having jurisdiction shall determine and enter in its decree the class of school districts to which such new district, if formed, shall belong, and if of the first, first class A, or second class, it shall thereupon become a new school district of such class. If the newly created city, borough, or township would constitute a school district of the fourth class, the court of common pleas having jurisdiction shall so certify and a new school district shall be formed only if and when it is approved by the Council of Basic Education as hereinafter provided.

(203 amended Oct. 21, 1965, P.L.601, No.312)

19490014u204s

Section 204.  Basis for and Change of Classification.--Except as provided in clause (2) of this section, the last United States census, as set forth in the official report thereof, shall be the basis on which the population of the several school districts shall be computed. A change from one class of school district to another shall be made in the following cases, and in no other:--(Par. amended July 3, 1957, P.L.455, No.253)

(1)  After the taking of a United States census showing the population of any school district to be such as to entitle it to be changed from one class of school district to another;

(2)  When a district, which at a decennial census, had sufficient population to entitle it to an advance to another class of district, has since suffered a large decrease in population, or which at a decennial census did not have sufficient population to entitle it to an advance to another class of district and has since increased in population, a census of the district may be authorized by the board of school directors of the district, and, if it shall appear that said district has not the required population to remain in the class in which the same then is or if it shall appear that the district has sufficient population to entitle it to advance to another class of district, the Superintendent of Public Instruction, on the request of the board of school directors and upon receipt of the facts disclosed by said census, may issue his proclamation declaring such district to be of the class to which it properly belongs, as disclosed by the census of the school board. ((2) amended Aug. 11, 1959, P.L.667, No.217)

(3)  Where the population of two districts combined subsequent to the taking of a United States census and ascertained by such census is such as to entitle the new or combined district to be in a class different from the class of either of the districts so combined;

(4)  Where, since the last preceding United States census, any territory has been annexed to any city, borough, town, or township, whereby the population of such city, borough, town, or township has been increased, and the population of such annexed territory cannot be ascertained from the last preceding census of the United States, the directors of the school districts affected by such annexation may apply to the court of common pleas for the appointment of a commissioner to make an enumeration of the population of such annexed territory. The court shall certify the population of the annexed territory so ascertained, together with the population of the city, borough, town, or township, as shown by the last preceding United States census, to the Superintendent of Public Instruction. The cost of the proceeding, including reasonable compensation for the commissioner, to be fixed by the court, shall be paid by the school district.

19490014u205s

Section 205.  Change of Class; How Effected.--Whenever it shall appear, in any case hereinafter enumerated, that the population of any school district in this Commonwealth is such that it should be included in another class of school districts, the Superintendent of Public Instruction shall issue a certificate to said school district to that effect, and such school district shall, with the beginning of the next school year after said certificate has been issued, become a school district of the class to which it properly belongs. The provisions of this section shall apply when:--

(1)  The Superintendent of Public Instruction, after the taking of each United States census, has canvassed the same, so far as it relates to the population of the several school districts, which he is hereby required to do;

(2)  Territory comprising a separate school district is annexed to a city, borough, or township, and the decree of the court or the vote of the electors effecting such annexation has been certified to the Superintendent of Public Instruction;

(3)  Territory has been annexed to a city, borough, town, or township, and enumeration of the population of such annexed territory has been made.

19490014u211h

 

(b)  Powers and Duties, etc.

 

19490014u211s

Section 211.  General Powers of Districts.--The several school districts in this Commonwealth shall be, and hereby are vested as, bodies corporate, with all necessary powers to enable them to carry out the provisions of this act.

19490014u212s

Section 212.  Corporate Seal.--Each school district in this Commonwealth may, by a majority vote of the members of the board of school directors of such district, adopt a corporate seal for the use of said district. The seal shall have engraved thereon the following: "School District of ........................, Pennsylvania," and such other inscription or design as the board of school directors may direct.

19490014u213s

Section 213.  Right to Sue and be Sued.--Each school district shall have the right to sue and be sued in its corporate name. Any legal process against any school district shall be served on the president or secretary of its board of school directors.

19490014u214s

Section 214.  Competency as Witnesses.--No person, on account of being a taxpayer or resident in any school district, shall, by reason thereof, be incompetent to testify in any suit or action in which such school district is a party.

19490014u215s

Section 215.  Conveyances by Districts.--Any deed for school property, properly executed and delivered in the name of any school district as established by this act, shall convey to the grantee the entire interest of the grantor in such property, irrespective of the manner or name in which said property was conveyed to or acquired by, or is held by, the school district conveying the same.

19490014u216s

Section 216.  Gifts to Districts; Investment Accounts.--(a)  It shall be lawful for any school district to receive and hold, absolutely or in trust, any devise, bequest, grant, endowment, gift, or donation of any property, real or personal, which shall be made to said school district or for any of the purposes of this act. Any such devise, bequest, grant, endowment, gift, or donation shall be administered by or under the direction of the board of directors of the district to which it is made, subject to all the conditions and trusts thereto annexed. The board of school directors shall not be obliged to accept any such devise, bequest, grant, endowment, gift, or donation unless it deems it proper so to do.

(b)  The board of school directors shall promptly invest, and keep invested as constantly as possible and to the best advantage, any devise, bequest, grant, endowment, gift, or donation accepted, and the proceeds thereof. Such investment may be made in obligations declared to be legal investments in the act of May twenty-six, one thousand nine hundred forty-nine (Pamphlet Laws 1828), known as the "Fiduciaries Investment Act of 1949." ((b) amended Sept. 27, 1955, P.L.649, No.172)

(c)  It shall be the duty of the board of school directors to keep an accurate account of all devises, bequests, grants, endowments, gifts, and donations accepted, the income arising therefrom, the proceeds thereof, and the expenses of administering the same; and at the end of each fiscal year to render a detailed statement of such devises, bequests, grants, endowments, gifts, and donations, held and possessed by such school district, the proceeds thereof, the investments which have been made therewith, the income arising therefrom, the expenses of administration, and the purposes to which the income arising therefrom have been applied. Such statement shall be audited as hereinafter provided for the auditing of school finances.

19490014u217s

Section 217.  Unlawful Gifts.--It shall be unlawful for any member of or any board of school directors to demand, request, or accept, directly or indirectly, any gift or donation from any teacher or supervisor within its employ.

19490014u218s

Section 218.  Reports to Department of Education.--(a)  An annual financial report shall be submitted to the Secretary of Education by each school district, charter school, cyber charter school and area vocational-technical school not later than the 31st day of October. All financial accounting and reporting by school districts, charter schools, cyber charter schools and area vocational-technical schools to the Department of Education shall be in accordance with generally accepted accounting and reporting standards, except that management discussion and analysis and related notes and the following financial statements shall not be required components of the annual financial report: entity-wide financial statements, including the statement of activities and the statement of net assets; the reconciliation of the balance sheet - governmental funds to statement of net assets; and the reconciliation of the statement of revenues, expenditures and changes in fund balances - governmental funds to statement of activities. The Department of Education shall establish a reporting standard for the annual financial report.

(b)  The chief school administrator and board secretary of a school district, charter school, cyber charter school or area vocational-technical school shall submit a signed statement to the Department of Education not later than the 31st day of December of each year certifying that: the audited financial statements of the school district, charter school, cyber charter school or area vocational-technical school have been properly audited pursuant to Article XXIV and that in the independent auditor's professional opinion, the financial information submitted in the annual financial report was materially consistent with the audited financial statements.

(c)  If the financial information submitted in the annual financial report was not materially consistent with the audited financial statements, the school district, charter school, cyber charter school or area vocational-technical school shall submit a revised annual financial report to the Department of Education not later than the 31st day of December.

(d)  The Department of Education shall order the forfeiture penalties provided for under section 2552.1(a.1) against a school district, charter school, cyber charter school or area vocational-technical school for failure to timely submit an annual financial report or revised annual financial report.

(218 amended Nov. 17, 2010, P.L.996, No.104)

19490014u218v

 

Compiler's Note:  Section 24 of Act 104 of 2010, which amended section 218, provided that any regulations that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.

19490014u219s

Section 219.  National Assessment Tests.--A school district selected to participate in a national assessment of public school students' education progress authorized by the Federal Department of Education shall administer the assessment.

(219 added June 22, 2001, P.L.530, No.35)

19490014u220s

Section 220.  State Report Card.--(a)  The department shall create a State Report Card based on the information collected pursuant to this section. The department:

(1)  Shall inform the public of the availability of the State Report Card prior to publication.

(2)  Shall publish on its World Wide Web site the State Report Card, providing information at the State, local education agency and school levels. The State Report Card shall include all of the following:

(i)  Information regarding the number of schools and school districts that have achieved adequate yearly progress and the number of schools and school districts that have not achieved adequate yearly progress.

(ii)  Information regarding the number of schools and school districts that have achieved each academic performance target and the number of schools and school districts that have not achieved each academic performance target.

(iii)  Information regarding the number of schools and school districts in which more than five percent (5%) of the students to whom the PSSA test was administered were enrolled in the school district for less than two (2) school years as of the day on which the PSSA test was administered.

(iv)  Information regarding the number of schools and school districts identified under subparagraph (iii) that have achieved each academic performance target and the number of schools and school districts that have not achieved each academic performance target. For the purposes of this subparagraph, achievement of the academic performance target shall be calculated by excluding the PSSA test score of any student who was enrolled in the school district for less than two (2) school years as of the day on which the PSSA test was administered.

(v)  Information regarding the number of schools and school districts in which more than five percent (5%) of the students to whom the PSSA test was administered were classified as limited English proficient as of the day on which the PSSA test was administered.

(vi)  Information regarding the number of schools and school districts identified under subparagraph (v) that have achieved each academic performance target and the number of schools and school districts that have not achieved each academic performance target. For the purposes of this subparagraph, achievement of the academic performance target shall be calculated by excluding the PSSA test score of any student who was classified as limited English proficient as of the day on which the PSSA test was administered.

(vii)  Information regarding the number of schools and school districts in which more than sixteen percent (16%) of the students to whom the PSSA test was administered were classified as students with a disability as of the day on which the PSSA test was administered.

(viii)  Information regarding the number of schools and school districts identified under subparagraph (vii) that have achieved each academic performance target and the number of schools and school districts that have not achieved each academic performance target. For the purposes of this subparagraph, achievement of the academic performance target shall be calculated by excluding the PSSA test score of any student who was classified as a student with a disability as of the day on which the PSSA test was administered.

(3)  Shall issue guidelines concerning the collection and submission of data as necessary to ensure continued compliance with Federal and State laws, regulations and standards.

(4)  May conduct audits of the data submitted by local education agencies under subsection (b) for the purpose of assuring accuracy and completeness. If the department determines to conduct audits under this paragraph, the department shall issue guidelines for the conduct of such audits, including the percentage of local education agencies to be audited on a yearly basis. In conducting such audits, the department shall coordinate with the Department of the Auditor General. Nothing in this section shall be construed to expand the auditing authority of the Auditor General.

(b)  A local education agency shall do all of the following:

(1)  Collect data and submit it in a form and manner prescribed by the department. The data shall include:

(i)  The information described in section 1111(h)(1)(C) of the No Child Left Behind Act of 2001 as applied to the local education agency as a whole and to each of its schools.

(ii)  The information described in section 1111(h)(2)(B)(i) and (ii) of the No Child Left Behind Act of 2001.

(iii)  Any other information required to comply with the No Child Left Behind Act of 2001.

(iv)  Any information described in 22 Pa. Code § 4.61 (relating to school profiles) that is not included under subparagraph (i), (ii) or (iii).

(v)  Information on the number of students to whom the PSSA test was administered who were enrolled in the school district for less than two (2) school years as of the day on which the PSSA test was administered.

(vi)  Information on the number of students to whom the PSSA test was administered who were classified as limited English proficient as of the day on which the PSSA test was administered.

(vii)  Information on the number of students to whom the PSSA test was administered who were classified as students with a disability as of the day on which the PSSA test was administered.

(2)  Disseminate the information collected in paragraph (1) in accordance with the public dissemination requirements of section 1111(h)(2)(E) of the No Child Left Behind Act of 2001.

Nothing in this section shall excuse a local education agency from complying with the requirements of the No Child Left Behind Act of 2001 not specifically referenced in this section.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

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

"Local education agency."  A school district, cyber charter school, charter school, area vocational-technical school or intermediate unit.

(220 amended July 7, 2006, P.L.611, No.94)

19490014u220v

 

Compiler's Note:  Section 4 of Act 153 of 2002, which added section 220, provided that the purpose of section 220 is to provide the taxpayers and the parents of students in this Commonwealth with information related to the performance of school districts, intermediate units, area vocational-technical schools, charter schools and cyber charter schools; to assist taxpayers and parents in making informed decisions about the performance of those school entities; and to hold those school entities accountable to high academic standards.

19490014u221s

Section 221.  Value-added Assessment System.--(a)  Beginning on the effective date of this section, the Department of Education shall make available on its publicly accessible Internet website the following:

(1)  Value-added assessment system data for the school district level and the school level. The Department of Education's disclosure of value-added assessment system data shall be subject to the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a successor Federal statute.

(2)  Instructions that may assist the public in understanding and interpreting the data provided under paragraph (1).

(b)  For purposes of this section:

"Value-added assessment system" shall mean a statistical analysis of results on the Pennsylvania System of School Assessment test or any other test established by the State Board of Education to meet the requirements of section 2603-B(d)(10)(i) pursuant to 22 Pa. Code § 403.3 (relating to single accountability system) that uses measures of student learning to enable the estimation of school or school district statistical distributions.

(221 added Nov. 17, 2010, P.L.996, No.104)

19490014u221v

 

Compiler's Note:  Section 24 of Act 104 of 2010, which added section 221, provided that any regulations that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.

19490014u221.1s

Section 221.1.  Moratorium on Certain Data Collection Systems and Data Sets.--(a)  For the school years 2011-2012 and 2012-2013, the Department of Education and the Department of Public Welfare shall suspend the collection of data through Pennsylvania's Enterprise to Link Information for Children Across Network (PELICAN) and the Pennsylvania Information Management System (PIMS) except as follows:

(1)  Information required to meet Federal mandates in the following:

(i)  The Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et seq.).

(ii)  The Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.).

(iii)  The Educational Technical Assistance Act of 2002 (Public Law 107-279, 116 Stat. 1975).

(iv)  Title VI of the America COMPETES Act or the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (Public Law 110-69, 121 Stat. 572).

(v)  The American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115).

(vi)  The Head Start Act (Public Law 97-35, 42 U.S.C. § 9831 et seq.).

(vii)  The Child Care and Development Block Grant Act of 1990 (Public Law 101-508, 42 U.S.C. § 9858 et seq.).

(viii)  The Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.).

(ix)  Any data pursuant to other Federal requirements and to meet eligibility requirements for Federal funds.

(2)  Pennsylvania Value-Added Assessment System (PVAAS), including any revisions or improvements made to the system.

(3)  Information required by the Department of Public Welfare to supervise, license or register a child-care provider under Articles IX and X of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code."

(4)  Information relating to background checks required in section 111 and in 23 Pa.C.S. §§ 6344 (relating to information relating to prospective child-care personnel) and 6344.1 (relating to information relating to family day-care home residents).

(5)  Information necessary for all payments or reimbursement by the Commonwealth.

(6)  Information required to be reported pursuant to Article XIII-A of this act.

(7)  Information which is voluntarily provided by an institution of higher education.

((a) amended June 30, 2012, P.L.684, No.82)

(b)  The Department of Education and the Department of Public Welfare shall notify their affected program participants no later than August 1, 2011, of the data elements required to comply with the laws and programs identified in subsection (a).

(c)  By February 1, 2012, the Department of Education and the Department of Public Welfare shall provide a report to the Education Committee of the Senate, the Public Health and Welfare Committee of the Senate, the Education Committee of the House of Representatives and the Children and Youth Committee of the House of Representatives which shall include the following:

(1)  Category of the data to include the child, family, program and staff.

(2)  Data elements to be collected and the law requiring the data and its intended use.

(3)  Total funding expended as of December 2011, including funding source to develop, implement and maintain the system.

(4)  Long-term cost projections to administer and maintain the information systems. The projections shall include costs to the Commonwealth and the program participants.

(5)  Any law needed to authorize the departments to collect, use and distribute the information.

(d)  The Department of Education and the Department of Public Welfare shall not be required to complete reports that include data elements within the moratorium of this section.

(221.1 added June 30, 2011, P.L.112, No.24)

19490014u222s

Section 222.  Drop-out Data Collection.--(a)  The department shall have the following powers and duties:

(1)  To report the graduation rates and drop-out rates in this Commonwealth.

(2)  To implement and maintain a data collection and reporting system that accounts for all students and calculates graduation rates and drop-out rates in all school entities in accordance with Federal regulations or guidelines. The department may comply with this section by modifying a currently existing data collection and reporting system to provide the information required under subsection (b).

(3)  To require school entities to report student graduation and drop-out data to the department using the department's data collection system.

(b)  (1)  Beginning in the 2011-2012 school year and in each school year thereafter, the department shall annually prepare a report and provide a copy of the report to the Education Committee of the Senate and the Education Committee of the House of Representatives and shall post a copy of the report on the department's publicly accessible Internet website by December 1 of each year. The report shall contain, at a minimum, the following:

(i)  All drop-out rates and graduation rates reported by school entities, including school-level data, disaggregated by the factors used to identify an at-risk student and the following classifications:

(A)  Limited English proficiency.

(B)  Low income.

(C)  Special education.

(D)  Gifted education.

(E)  Race or ethnicity.

(F)  Gender.

(G)  School entity.

(H)  Geographic area.

(ii)  Highest grade level completed and age prior to dropping out.

(2)  School entities shall use the definitions and formulas established by the department if no Federal statute, regulation or guideline exists when reporting the graduation rates and drop-out rates to the department. School entities shall report these rates annually in a manner required by the department.

(3)  The department may develop any guidelines or standards necessary to implement the requirements of this section.

(c)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

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

"School entity."  A public school district, charter school, cyber charter school or area vocational-technical school.

(222 added Nov. 17, 2010, P.L.996, No.104)

19490014u222v

 

Compiler's Note:  Section 24 of Act 104 of 2010, which added section 222, provided that any regulations that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.

19490014u223s

Section 223.  Certified Safety Committees.--(a)  The board of directors of each school district shall take such steps as necessary in order to have or maintain a certified safety committee by June 30, 2011, or the effective date of this section, whichever occurs later, for the purposes of section 1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act."

(b)  The Department of Labor and Industry shall provide the Department of Education with the list of school districts that have certified safety committees.

(c)  In the case of a school district that does not submit evidence to the Department of Education that complies with this section, the Department of Education shall deduct from any allocation from the Commonwealth to which the school district is entitled the amount of the discount the school district would otherwise receive under section 1002(b) of the "Workers' Compensation Act."

(d)  This section shall not apply to a school district that cannot receive a premium discount under section 1002(b) of the "Workers' Compensation Act," or an equivalent reduction in contribution rates, by establishing and maintaining a certified safety committee because it is authorized to self-insure its liabilities under section 305 of the "Workers' Compensation Act" or pool its liabilities under section 802 of the "Workers' Compensation Act."

(223 added June 30, 2011, P.L.112, No.24)

19490014u224h

 

(c)  Changes in District.

 

19490014u224s

Section 224.  Combination of School Districts.--Any two or more school districts or administrative units may combine to create a larger school district. The board of school directors of each school district desiring to form such a combination shall, by a majority vote, adopt a resolution outlining the areas to be combined and file an application for approval with the Superintendent of Public Instruction. The Superintendent of Public Instruction shall place on the agenda of the State Board of Education each such application for its consideration.

The State Board of Education shall review each application upon its agenda and approve such applications as it deems wise in the best interest of the educational system of the Commonwealth.

The State Board may continue the application on its agenda and may permit any school district or interested party, aggrieved by the petition, to file its objection. Such objection shall set forth the basis for and facts of aggrievement.

If an application is not approved it shall be returned to the applying districts for resubmission in accordance with such recommendations as may be attached thereto.

When an application receives approval, the State Board of Education shall direct the Superintendent of Public Instruction to issue a certificate creating the new school district, listing the name, constituting components, classification and effective date of operation.

(224 added Dec. 7, 1965, P.L.1034, No.385)

19490014u225s

Section 225.  Property and Indebtedness and Rental Obligations of Former Component School Districts.--All real and personal property, indebtedness and rental obligations to an approved building authority or nonprofit corporation, if any, of former school districts forming a new school district, constituted after July 1, 1966, shall become the property, indebtedness, and rental obligations of such newly constituted school district. All rights of creditors against any of the component former school districts shall be preserved against the new school district. All property theretofore vested in the component former school districts, and all debts and taxes owing to the component former school districts, uncollected in the several component former school districts, and all moneys in the treasuries of the component former school districts, shall be paid to the treasurer of the newly constituted school district.

(225 added Dec. 7, 1965, P.L.1034, No.385)

19490014u226s

Section 226.  Change in Districts; When Effective.--If any new school district is made by the creation of any city, borough, township, or independent school district, or by the annexation of territory comprising a separate school district to a city, or borough, or township, or if the boundary lines of any school district are changed, by reason of the changing of the boundary lines of any city, incorporated town, borough, township, or independent school district, then, in any such case, the change, so far as it relates to school districts or school affairs, shall take effect at the beginning of the first school year after such new city, borough, township or independent school district has been created, or such annexation effected, or such change in boundary lines permanently effected.

19490014u227s

Section 227.  Filing Copy of Action Creating New District, or Affecting Fourth Class District, with Superintendent of Public Instruction.--Whenever a new school district is created by the creation of a new city, borough, township, or independent school district, or by the consolidation of two or more districts as a union district, or an existing school district of the third or fourth class is affected by the annexation to a city, or borough, or township, of territory included within a school district of the third or fourth class, the clerk of the courts or other proper officer shall, within ten days thereafter, make a certified copy of the petition therefor, agreement, or ordinance, and the decree or order creating such new city, borough, township, or independent school district, or union school district, or of the decree of the court or vote of the electors affecting such annexation, and mail the same to the Superintendent of Public Instruction, Department of Public Instruction, Harrisburg, Pennsylvania.

(227 amended May 11, 1949, P.L.1089, No.320)

19490014u228s

Section 228.  Approval or Disapproval of Creation or Change of Third or Fourth Class Districts.--(a)  If the newly created city, borough, or township, or independent school district, or union school district, or the part of a school district remaining after the separation would constitute a school district of the third or fourth class, the receipt of said certified copy shall be deemed an application for the creation of a new school district of the third or fourth class or change in the boundaries of an existing school district of the third or fourth class, and the Superintendent of Public Instruction shall, within sixty days thereafter, notify the school districts, which will be affected that an application has been received and that a time and place for hearing the application will be determined upon receipt of request from any such district. If no such request is filed within thirty days, the Department of Public Instruction may certify approval of the application without a hearing. At the hearing, if one is requested, the proper officials of or the counsel for the districts shall present to the council, or its designated representative, the reasons for approval or disapproval of the application, and the council shall then determine whether such new school district, or independent school district, or union school district, or change in the boundaries of an existing school district of the third or fourth class, is desirable, and whether the welfare of the pupils within the territory affected thereby will be promoted by the creation of such district or change in the boundaries of such existing district.

(b)  If the council shall approve such application, it shall certify its findings and its approval of such new district or change in such existing district thereon, and transmit a certified copy thereof to the clerk of the courts or other proper officer from whom the application was received, who shall file the same in such original proceedings, whereupon unless an appeal is filed with the State Board of Education the new city, borough, or township will become a new school district of the third or fourth class, or the school district of the third or fourth class remaining after such annexation shall constitute a separate school district as so changed.

(c)  If, in the judgment of the council, the application should not be granted, it shall endorse thereon "not approved," and transmit a certified copy thereof to the clerk of the courts or other proper officer from whom the application was received, who shall file the same in the original proceedings. In such event, if no appeal to the State Board of Education is filed within ninety days, the action of the council is final and the boundaries of the existing school district shall remain unchanged. Within ninety days after the decision of the council, ten taxables of any school district affected by the council's decision may appeal to the State Board of Education in which case the board, for cause shown, may vacate such refusal, and may approve the creation of such new district of the third or fourth class or change in boundaries of an existing district of the third or fourth class. After the elapse of five years from the date of any refusal by the Council of Basic Education to approve an annexation for school purposes, the council shall reconsider its decision upon petition of ten taxables of any school district affected by the council's decision.

(228 amended Oct. 21, 1965, P.L.601, No.312)

19490014u229s

Section 229.  Annexation to District of First Class.--Whenever hereafter the territory comprising a school district of the second, third, or fourth class is annexed to a city comprising a school district of the first class or of the first class A, the annexed school district shall immediately become merged in and become a part of said school district of the first class or of the first class A.

(229 amended May 13, 1949, P.L.1332, No.397)

19490014u230s

Section 230.  Approval of Contracts and Changes after Vote for Annexation.--Where, under the provisions of any act of Assembly, an election shall be held for and against the annexation of territory comprising a school district of the second, third, or fourth class, to a city comprising a separate school district, and, if it shall appear by the vote when counted that a majority has voted for said annexation and the result of said election shall have been certified to the court of quarter sessions having jurisdiction of the proceedings, the board of school directors of said annexed school district shall not thereafter make any change in textbooks, or adopt additional textbooks, or contract for any new school sites, or let any contract for the erection, enlargement, alteration, equipment, or furnishing, of any new school sites, or let any contract for the erection, enlargement, alteration, equipment, or furnishing, of any school building, without the approval of the board of school directors of the said school district of such annexing city.

19490014u231s

Section 231.  Tax Levy or Debt for Buildings or Grounds Pending Change of Boundaries, etc.--While proceedings are pending in court for the changing of any boundary lines of any city, incorporated town, borough, or township, or the creation of any new city, borough, or township, the board of school directors in every school district to be affected by such change of boundary lines or creation of a new municipality shall be permitted to levy and assess a school tax and incur debts for the purpose of purchasing ground or building or enlarging a school building, in the same manner as though such proceedings were not pending in court for the changing of any boundary lines of any such city, incorporated town, borough, or township, or the creation of any new city, borough, or township.

19490014u232s

Section 232.  Special Tax Directed by Court.--In addition to the levies provided for in the preceding sections, when it is shown to the court of quarter sessions that by reason of the partition of any school district and the apportionment of the debts of the original district, the debts of such school district exceed the amount which the board of directors may collect in any year by taxation, the court, after ascertaining the amount of indebtedness of any such school district, may, by a writ of mandamus, direct the board of school directors, by special taxation, to collect an amount sufficient to pay the same. If the amount of such indebtedness is so large as to render it inadvisable to collect the same in any one year, taking into consideration other necessary taxation, the court may direct the same to be levied and collected by annual installments and may order such special taxes to be levied and collected during such successive years as may be required for the payment of the same. The special tax shall be subject to the same penalties for nonpayment, and shall be computed and collected in the same manner, as other school taxes.

19490014u233s

Section 233.  Small District Assistance after Combination of School Districts.--If two or more school districts combine to create a new school district and at least one of the districts which combined to create that new school district was eligible for small district assistance for the last school year prior to the combination, the new school district shall receive, for each of the first five school years after the combination, in addition to any other payments by the Commonwealth, an amount equal to either the total of the small district assistance for which all of the districts were eligible for the last school year prior to combining to create that new school district or the small district assistance for which that new school district is eligible, whichever is greater.

(233 added July 10, 1987, P.L.286, No.50)

19490014u241h

 

(d)  Independent Districts.

 

19490014u241s

Section 241.  Creation of Independent Districts.--(241 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u242s

Section 242.  Approval of Fourth Class Districts; Adjustment of Indebtedness; Costs.--(242 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u242.1s

Section 242.1.  Establishment of Independent Districts for Transfer of Territory to Another School District.--(a)  A majority of the taxable inhabitants of any contiguous territory in any school district or school districts, as herein established, may present their petition to the court of common pleas of the county in which each contiguous territory, or a greater part thereof, is situated, asking that the territory be established as an independent district for the sole purpose of transfer to an adjacent school district contiguous thereto. Where the territory described in any such petition is to be taken from two or more school districts, such petition shall be signed by a majority of all the taxable inhabitants of the part of each school district which is to be included in such independent district for transfer. Such petitions shall set forth a proper description of the boundaries of the territory to be included in such proposed independent district, and the reasons of the petitioners for requesting such transfer to another school district and the name of the district into which its territory is proposed to be placed.

The court shall hold hearing thereon, of which hearing the school district or districts out of whose territory such proposed independent district is to be taken and the school district into which the territory is proposed to be assigned, shall each have ten days notice. In all cases where an independent district is proposed for transfer from one school district to another, the merits of the petition for its creation, from an educational standpoint, shall be passed upon the Superintendent of Public Instruction and the petition shall not be granted by the court unless approved by him. The court of common pleas shall secure the reaction from the Superintendent of Public Instruction upon receipt of the petition properly filed.

The court, in its decree establishing such independent district for transfer purposes, shall also determine the amount, if any, of the indebtedness and obligations of the school district, from whose territory such independent district is taken, that said district shall assume and pay, and, a statement prorating the State subsidies payable between or among the losing district or districts and the receiving district.

In all cases where such proceedings result in the creation and transfer, by decree of the court, of an independent district, the cost and office fees shall be paid by the petitioners or, otherwise, by the receiving district. Such independent districts created under the provisions of this act shall not become an operating school district but will be created for transfer of territory only.

(b)  In the case of independent districts established hereafter, the court of common pleas shall notify the county board of school directors regarding receipt of petition for such establishment and shall direct said board to prepare a statement of acceptance or rejection of the proposed placement of the district in the designated administrative unit of the county plan; such statement to be transmitted to the court and to the State Board of Education.

(242.1 amended Dec. 19, 1967, P.L.865, No.383)

19490014u243s

Section 243.  Abolition of Independent Districts.--(243 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u251h

 

(e)  Union Districts.

 

19490014u251s

Section 251.  How Formed.--(251 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u252s

Section 252.  Return of Election.--(252 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u253s

Section 253.  When Established; Classification.--(253 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u254s

Section 254.  Liabilities and Property of Component Districts.--(254 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u255s

Section 255.  Validation of Certain Union School Districts.--(255 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u261h

 

(f)  Merger of Districts.

 

19490014u261s

Section 261.  Standards and Regulations; Approval of Plans.--(261 repealed Sept. 12, 1961, P.L.1283, No.561)

19490014u262s

Section 262.  County-Wide Plans for Merger, etc.--(262 repealed Sept. 12, 1961, P.L.1283, No.561)

19490014u263s

Section. 263.  Petitions and Elections for Mergers; Returns; When Effective.--(263 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u263.1s

Section 263.1.  Mergers; Voting; Partial Mergers. (263.1 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u264s

Section 264.  Merged Districts; Assets and Liabilities.--(264 repealed Dec. 7, 1965, P.L.1034, No.385)

19490014u271h

 

(g)  Apportionment of Property and Indebtedness.

 

19490014u271s

Section 271.  Amicable Adjustment and Apportionment.--In any case where (1) any school district is abolished and its land reverts to or becomes a part of two or more school districts, or (2) any land heretofore annexed to one school district is made a part of the district in which it is located, or (3) a new district is made by the creation of a new city, borough, township, or independent school district, out of one or more school districts, or (4) the boundary lines of any district are changed by the changing of the boundary lines of any city, incorporated town, borough, township, or school district, or (5) any part of any school district is merged with any other district or districts or parts thereof, then, in any such case, the school districts to which land has been annexed or from which land has been taken, or which have been newly created, shall make a just and proper adjustment and apportionment of all school property, real and personal, including funds, as well as indebtedness, and rental obligations to an approved school building authority, if any, to and among such school districts. Such adjustment and apportionment shall be made as of the date of the decree or order creating such new city, borough, township, or school district, or of the decree of the court or vote of the electors effecting such annexation or merger, or the first Monday of July following approval by the Council of Basic Education of the annexation for school purposes.

(271 amended Oct. 21, 1965, P.L.601, No.312)

19490014u272s

Section 272.  Apportionments; How and When Made.--In making such adjustment and apportionment of property, indebtedness, and rental obligations to an approved school building authority, the amount and assessed value of land acquired by or taken from such districts, as compared with the amount and assessed value of the other land in the districts, as well as the value of the school grounds, together with the buildings thereon, and the furniture and equipment therein, and other school property in such districts, shall be taken into consideration in determining the amount, if any, that shall be paid by one district to another, or in apportioning the indebtedness, and rental obligations to an approved school building authority, if any, that shall be assumed and paid by any of the districts. Such adjustment and apportionment of property and liability shall be made by the boards of school directors of the several districts concerned, before or during the first school year after such boundaries have been changed.

(272 amended Aug. 22, 1961, P.L.1022, No.460)

19490014u273s

Section 273.  Apportionment by Commissioners.--In case the boards of school directors of the several school districts cannot make amicable apportionment and adjustment of their property, indebtedness and rental obligations to an approved school building authority, before or during the first school year beginning after any such change in their boundary lines is made, any one of such school districts may, at any time within the succeeding school year, present its petition to the court of common pleas of the county in which such school district is located. The court shall appoint three disinterested commissioners, residents and taxpayers of the county, not residing in either of the districts whose boundary lines are changed. Such commissioners, after a hearing, shall make a report to the court, making an apportionment and adjustment, according to the provisions of this act, of all school property, as well as indebtedness, and rental obligations to an approved school building authority, if any, to and among the several school districts from which or to which land has been taken or added, or which have been newly created, as the case may be. Said report shall state the amount, if any, that shall be due and payable from one district to another, as well as the amount of indebtedness, and rental obligations to an approved school building authority, if any, that shall be assumed by any district. Due notice of such hearing shall be given to the several districts interested as the court may direct.

(273 amended Aug. 22, 1961, P.L.1022, No.460)

19490014u274s

Section 274.  Confirmation of Report; Effect; Costs.--The commissioners shall give the several districts interested at least five (5) days' notice of the filing of their report. Unless exceptions are filed thereto by any district interested within thirty (30) days after the filing thereof, the same shall be confirmed by the court absolutely. Any sum awarded by said report to any school district shall be a legal and valid claim in its favor against the school district charged therewith. The amount of debt, if any, apportioned to any school district shall be a legal and valid claim against such district charged therewith. Upon the report of the commissioners being confirmed, such claims or indebtedness charged against any school district may be collected in the same manner as a judgment is collected against any school district.

Such commissioners shall be allowed three dollars ($3) per day for each day actually spent by them in the performance of their duties, together with their actual necessary expenses. All costs and expenses of such proceeding shall be apportioned by the court, to and among the several school districts, as it shall deem proper.

19490014u275s

Section 275.  Court to Dispose of Exceptions.--In case exceptions are filed to the report of the commissioners, the court shall dispose of the same, taking testimony therein, if it deems advisable. The decision of the court thereon shall be final and binding on the several districts, without any right of appeal.

19490014u276s

Section 276.  Apportionment by Bill in Equity.--If the respective school districts shall neglect or refuse to petition the court for the appointment of commissioners to secure an apportionment and adjustment within the period of the second year, as herein provided, either of said school districts, or any ten resident citizens owning taxable property within either of said school districts, may file a bill in equity at any time within six (6) years from the date of said change in boundary lines, in the name of the school district or for the use of the school district, against the other school district, in the court of common pleas of the proper county, to have such indebtedness apportioned and adjusted, and setting forth the facts upon which any claim of amounts due shall be made in accordance with the manner of adjustment set forth in the preceding sections of this act. Such case shall be proceeded with in accordance with the equity rules and a decree of dismissal or of payment shall be made after due hearing by the court, subject to further right of appeal, as allowed by law.

19490014u277s

Section 277.  Districts in More Than One County.--In cases in which such districts are situated in two or more counties, the court of common pleas of the county in which the largest part in area of the land annexed to or taken from any district is situated shall have exclusive jurisdiction over the matter. If commissioners are to be appointed, the court may appoint the commissioners from any one or all such counties.

19490014u281h

 

(h)  Reorganization of School Districts.

((h) repealed Aug. 8, 1963, P.L.564, No.299)

 

19490014u281s

Section 281.  Standards for Organization of Administrative Units.--(281 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u282s

Section 282.  Submission of Plans.--(282 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u283s

Section 283.  Approval of Plans.--(283 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u284s

Section 284.  Disapproval of Plans.--(284 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u285s

Section 285.  Department of Public Instruction to Prepare Plans.--(285 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u286s

Section 286.  Establishment of Reorganized School Districts.--(286 repealed Aug. 8, 1963, P.L.564, No.299)

19490014u290h

 

(i)  Reorganization.

((i) added Aug. 8, 1963, P.L.564, No.299)

 

19490014u290s

Section 290.  Purpose; Construction of Subdivision.--The purpose of this subdivision is to provide a flexible framework and effective and orderly means whereby the administrative units of the Commonwealth's public school system can be expeditiously reorganized. While deeply impressed with the continuous dedicated responsibility exercised over the last century by the citizenry through their local boards of school directors, the General Assembly must also be cognizant of the responsibility placed upon it by Article X., section 1 of the Constitution of Pennsylvania which requires in part, that "The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of the Commonwealth above the age of six years may be educated ...." As the evidence demonstrates beyond reasonable dispute that the present administrative system of more than two thousand (2,000) school districts is incapable of providing adequate education and appropriate training for all of the children of the Commonwealth above the age of six, the General Assembly hereby renews its dedication to its responsibility of providing a thorough and efficient system of public schools within the Commonwealth. It is hereby declared to be the purpose and intention of the General Assembly to establish the procedures and provide for the standards and criteria under which school directors and district administrators and county boards of school directors and county administrators shall have the power and bear the duty of determining the appropriate administrative units to be created in each county to carry out the responsibilities shared by them and the General Assembly, of educating and training each child within his capacity to the extent demanded by the immediate requirements of growth and strengthening of this Commonwealth and nation. Only where such local officials fail to act, or act arbitrarily outside of the standards and criteria provided for in the sections following, shall the Commonwealth through its duly authorized agencies and officials act to insure compliance with law within the powers set forth below and as restricted therein. The improvements in the educational system hereby obtained are not to be construed as a final resolution of organizational problems. Local school officials as agents of the General Assembly are directed to continually review organizational patterns and adopt without delay all changes which will accelerate the progress of public education. It is further declared to be the purpose and intention of the General Assembly that the above may be used in construing and arriving at legislative intent with respect to the provisions of this subdivision.

(290 added Aug. 8, 1963, P.L.564, No.299)

19490014u290.1s

Section 290.1.  Educational Performance Standards.--To implement the purpose of this subdivision, the State Board of Education, as soon as possible and in any event no later than July 1, 1965, shall develop or cause to be developed an evaluation procedure designed to measure objectively the adequacy and efficiency of the educational programs offered by the public schools of the Commonwealth. The evaluation procedure to be developed shall include tests measuring the achievements and performance of students pursuing all of the various subjects and courses comprising the curricula. The evaluation procedure shall be so constructed and developed as to provide each school district with relevant comparative data to enable directors and administrators to more readily appraise the educational performance and to effectuate without delay the strengthening of the district's educational program. Tests developed under the authority of this section to be administered to pupils shall be used for the purpose of providing a uniform evaluation of each school district and the other purposes set forth in this subdivision. The State Board of Education shall devise performance standards upon the completion of the evaluation procedure required by this section.

(290.1 added Aug. 8, 1963, P.L.564, No.299)

19490014u291s

Section 291.  Standards for Organization of Administrative Units.--The State Board of Education, within ninety (90) days of the effective date of this amending act, shall adopt standards for approval of administrative units, taking into consideration the following factors: topography, pupil population, community characteristics, transportation of pupils, use of existing school buildings, existing administrative units, potential population changes and the capability of providing a comprehensive program of education.

(291 added Aug. 8, 1963, P.L.564, No.299)

19490014u292s

Section 292.  Submission of Plans.--Each county board of school directors, on or before July 1, 1964, shall prepare a plan of organization of administrative units for the county, conforming to the standards for approval of administrative units adopted by the State Board of Education. The plan shall be submitted to the Department of Public Instruction not less than thirty (30) days nor more than sixty (60) days after it is prepared. Any school district which considers itself aggrieved by the plan may set forth its specific objections in a petition which shall be served by registered or certified mail on the secretary of the county board of school directors. All such petitions filed shall be appended to the plan prior to submission to the Department of Public Instruction. No plan of organization of administrative units shall be submitted which violates any written agreement entered into by several school districts for the establishment of a joint school or department, unless the agreement is amended to provide that it shall be discontinued at the time the proposed administrative unit is deemed established as a school district. A plan of organization of administrative units shall be deemed to violate a written agreement entered into by several school districts for the establishment of a joint school or department only when it formulates an administrative unit, which in whole or in part comprises less than all of the school districts joined by such agreement. In preparing its plans, a county board of school directors shall confer with school directors and administrators of all school districts of the county, and may confer with the staff of the Department of Public Instruction and upon written request shall confer with other interested persons. Each plan shall assure the continuity of special education and area technical school programs by providing special education and area technical school attendance areas established in accordance with standards approved by the State Board of Education.

Each county board of school directors which prepared and submitted to the Department of Public Instruction prior to January 1, 1963, a plan of organization of administrative units for the county, shall, in compliance with the provisions hereof, reconsider such plan and submit the same or a revised plan on or before July 1, 1964, irrespective of the action taken on the prior plan. In those cases where the prior plan was approved by the State Council of Education, the plan submitted when approved by the Council of Basic Education shall supersede the prior approved plan as the plan of organization of administrative units for the county.

(292 added Aug. 8, 1963, P.L.564, No.299)

19490014u292.1s

Section 292.1.  Independent Districts.--When an independent district is created by the court of common pleas for purposes of transfer from one school district to another, the court shall submit to the State Board of Education its decree creating such district. Such decree shall be considered an application for the assignment of said district to the designated administrative unit of the approved county plan.

(292.1 amended Dec. 19, 1967, P.L.865, No.383)

19490014u293s

Section 293.  Approval of Plans.--(a)  When any plan of organization of administrative units for a county is found to conform to the standards for approval of administrative units adopted by the State Board of Education, the Department of Public Instruction shall cause such plan to be placed upon the agenda of the Council of Basic Education. The Council of Basic Education shall review all plans placed upon its agenda, and approve such plans as it deems wise in the best interests of the educational system of the Commonwealth. Except as hereinafter provided, no plan of organization of administrative units shall be approved in which any proposed school district contains a pupil population of less than four thousand (4,000), unless when factors of topography, pupil population, community characteristics, transportation of pupils, use of existing school buildings, existing administrative units, potential population changes and the capability of providing a comprehensive program of education are considered by the Council of Basic Education as requiring the approval of a plan of organization of administrative units in which one or more proposed school districts contains a pupil population of less than four thousand (4,000). (b) A plan of organization of administrative units for a county shall be approved by the Council of Basic Education, if the plan contains (i) no unit with a pupil population less than that of the unit with the smallest pupil population in the last previous county-wide plan submitted to and approved by the State Council of Education prior to September 12, 1961, and (ii) no more units than were in the aforesaid county-wide plan plus an additional unit for each second class district which was not required to be a part of such county-wide plan and which was not included in an administrative unit thereof. (c) Pupil population as used in this section shall mean the average daily membership for the school year 1961-1962 including kindergarten or grade one through grade twelve.

(293 added Aug. 8, 1963, P.L.564, No.299)

19490014u293.1s

Section 293.1.  Independent Districts.--When a court decree is received creating an independent district for transfer purposes, the State Board of Education shall place such item on its agenda and either approve or disapprove the creation and transfer. If approval is given, the board shall direct the Council of Basic Education to make the necessary changes in the county plan. If disapproved, the board shall state its reasons for such disapproval and the independent district shall be provided a hearing if it so desires.

(293.1 amended Dec. 19, 1967, P.L.865, No.383)

19490014u293.2s

Section 293.2.  Consolidation of Municipalities.--Whenever the court of common pleas in any county orders the consolidation of any municipalities, it shall serve a copy of its order on the State Board of Education. Upon receipt of such order the board shall direct the Council of Basic Education to make such changes in county plans as may be necessary.

(293.2 added June 23, 1965, P.L.139, No.95)

19490014u294s

Section 294.  Disapproval of Plans.--When any plan of organization of administrative units for a county is disapproved by the Council of Basic Education, it shall be returned to the county board of school directors which submitted the plan for reconsideration, amendment and resubmission in accordance with the recommendations of the Council of Basic Education.

(294 added Aug. 8, 1963, P.L.564, No.299)

19490014u295s

Section 295.  Department of Public Instruction to Prepare Plans.--In the event that no plan of organization of administrative units is approved by the Council of Basic Education for a county prior to January 1, 1965, the Department of Public Instruction shall prepare and place upon the agenda of the Council of Basic Education a plan of organization of administrative units for the county. When approved by the Council of Basic Education, such plan shall be deemed the approved plan of organization of administrative units for the county.

Any school district which considers itself aggrieved by a plan of organization of administrative units approved by the Council of Basic Education may appeal to the State Board of Education by filing a petition, within thirty (30) days after approval of the plan, setting forth the grounds for such appeal. A copy of such petition shall be served by registered or certified mail on the secretary of the county board of school directors. The State Board of Education, or its representative, shall fix a day and time for hearing, shall give written notice to all parties interested, and may hear and consider such testimony as it may deem advisable to enable it to make a decision. After reaching its decision, the State Board of Education shall enter such order as appears to it just and proper, either directing the Council of Basic Education to approve the plan in an amended form or confirming the plan in the form previously approved by the Council of Basic Education. The decision of the State Board of Education shall be final, unless an appeal is taken as now provided under the provisions of the "Administrative Agency Law."

(295 added Aug. 8, 1963, P.L.564, No.299)

19490014u296s

Section 296.  Establishment of Reorganized School Districts.--On July 1, 1966, or on the date of advance establishment, all administrative units contained in plans of organization of administrative units approved by the Council of Basic Education shall constitute and be deemed established as school districts, and shall belong to the class to which they are entitled as provided by law: Provided, however, if any approved administrative unit includes any district or districts of the second, third, or fourth class with any district of the first class A, such district or districts of the second, third, or fourth class shall be merged into and become part of said district of the first class A, and said district of the first class A as thus enlarged shall be the reorganized district and shall be considered as having had continued existence.

(296 amended June 2, 1965, P.L.86, No.59)

19490014u297s

Section 297.  Advance Establishment.--(a)  Any administrative unit contained in a plan of organization of administrative units approved by the Council of Basic Education may constitute and be deemed established as a school district on July 1, 1964, or on July 1, 1965, when the following conditions have been satisfied:

(1)  All appeals to the State Board of Education from the action of the Council of Basic Education approving the plan of organization of administrative units have been finally determined;

(2)  At a regular meeting or at a special meeting called for such purpose, the board of school directors of each school district composing the administrative unit has approved by majority vote the establishment in advance of July 1, 1966, of the proposed school district contained in the plan of organization of administrative units approved by the Council of Basic Education;

(3)  A copy of the resolution of each school district is filed with the Department of Public Instruction; and

(4)  The Superintendent of Public Instruction certifies to the Council of Basic Education that all school districts composing the administrative unit have filed resolutions with the Department of Public Instruction approving the establishment of the school district in advance of July 1, 1966. The certification shall state the date when the school district shall be deemed established.

(b)  Any school district established in advance of July 1, 1966, shall be entitled to all the benefits of this act and shall be subject to all of the provisions of this act as if the school district were constituted and deemed established on July 1, 1966: Provided, however, That in the case of school districts established on July 1, 1964, the provisions of section 303.1 of this act relating to election of school directors shall be advanced two years: And provided further, That in the case of school districts established on July 1, 1965, the provisions of section 303.1 of this act shall not be advanced.

(297 added Aug. 8, 1963, P.L.564, No.299)

19490014u298s

Section 298.  Property and Indebtedness and Rental Obligations of Former School Districts.--(a)  Except as otherwise provided in this section, all real and personal property, indebtedness and rental obligations to an approved school building authority or non-profit corporation, if any, of former school districts composing any school district constituted and deemed established pursuant to this subdivision (i) shall become the property, indebtedness and rental obligations of such newly established school district. All rights of creditors against any of the component former school districts shall be preserved against the newly established school district. All property theretofore vested in the component former school districts shall become vested in the newly established school district, and all debts and taxes owing to the component former school districts, uncollected in the several component former school districts, and all moneys in the treasuries of the component former school districts, shall be paid to the treasurer of the newly established school district.

(b)  All obligations of any component former school district evidenced by funding bonds issued after September 12, 1961, for the purpose of funding unfunded debt contracted for current operating expenses, shall continue to be an obligation of the taxable property within such former component school district and any sinking fund created on account of such indebtedness shall remain the separate sinking fund for such bonds. In levying and assessing taxes for the first school year of operation, the interim operating committee, and in levying and assessing such taxes for each subsequent school year, the board of school directors of the newly established school district, shall levy and assess, upon the taxable property within such component former school district for which bonds issued after September 12, 1961, for the purpose of funding unfunded debt contracted for current operating expenses shall be outstanding, a tax in addition to all other school district taxes, in an amount sufficient to discharge the obligation of such component former school district, as set forth pursuant to section 207 of the Municipal Borrowing Law, in the resolution increasing the indebtedness of such component former school district for such purpose. If such funding bonds shall be a part of an issue of bonds issued partly for other purposes, such funding bonds shall be deemed to be the bonds of such issue which mature first: Provided, however, if any district of the second, third or fourth class is merged into and becomes part of any district of the first class A as a reorganized or newly established school district, the reorganized or newly established district, for its first year of operation and for every subsequent year, shall levy and assess the aforesaid tax on the territory comprising the district of the second, third or fourth class merged into and becoming a part of the school district of the first class A: Provided further, That by agreement in writing approved by a majority vote of the directors of the district of the second, third or fourth class merged into and becoming a district of the first class A as a reorganized or newly established school district, and the directors of the district of the first class A, entered into prior to the effective date of reorganization, the provisions of this subsection may be waived. ((b) amended June 2, 1965, P.L.86, No.59)

(298 added Aug. 8, 1963, P.L.564, No.299)

19490014u301h

 

ARTICLE III.

SCHOOL DIRECTORS.

 

19490014u301s

Section 301.  Board of Directors; Election or Appointment.--The public school system of the Commonwealth shall be administered by a board of school directors, to be elected or appointed, as hereinafter provided. At each election of school directors, each qualified voter shall be entitled to cast one vote for each school director to be elected. Any system providing for cumulative voting for the office of school director is hereby abolished.

19490014u302s

Section 302.  Number and Appointment in Districts First Class and First Class A; Reorganized District of First Class A Containing Former Districts of Second, Third or Fourth Class: Terms of Office.--(a)  In each school district of the first class or of the first class A, the board shall be known as the "Board of Public Education," and shall consist of fifteen (15) school directors, whose term of office shall be six (6) years. The terms of five of the members shall expire on the second Monday of November of each odd numbered year, as now provided by law. The judges of the courts of common pleas of the county in which such school district is situated shall, in October of every odd numbered year, appoint five (5) members for terms of six (6) years. Their term of office shall begin on the second Monday of November next following their appointment.

(b)  When a school district or districts of the second, third or fourth class is merged into and becomes part of a district of the first class A as a reorganized district under the provisions of Article II, subdivision (i) of this act, the terms of office of all directors of such district or districts of the second, third or fourth class shall terminate on the date of establishment of such reorganized district of the first class A.

As soon as a vacancy occurs in the office of Director of the Board of Public Education, a resident of the area comprising the district of the second, third or fourth class merged into and becoming a part of the school district of the first class A shall be appointed to the Board of Public Education of the reorganized district and following the expiration of the term of the director so appointed, the appointment of directors shall be without regard to this limitation.

(302 amended June 2, 1965, P.L.86, No.59)

19490014u302.1s

Section 302.1.  School Board in First Class A School Districts; Apportionment of Seats, and Numbers, Terms, and Methods for Election of School Directors in First Class A School Districts.--(a)  Composition of School Board.

(1)  In each school district of the first class A, the school board shall be known as the Board of Public Education and shall consist of an odd number of members not less than seven nor more than fifteen school directors, to be elected by the qualified voters of the school district by specified districts.

(2)  There shall be a corresponding odd number, not less than seven nor more than fifteen separate districts for each of which only one candidate shall be elected. Each candidate shall be nominated only for the specified district in which he resides and each elected member shall represent only a specified district in which he resides, such districts to be constituted as hereinafter set forth.

(b)  Term of Office. All elected members shall serve for a term of four years except the three, four, five, six or seven members elected at the initial election in even numbered school director districts, who shall serve for two years. In the event the first election occurs in an even-numbered year, the terms of the initial members shall be increased by one year, so that future elections can be held in odd-numbered years. In the case of death or resignation of elected members, the mayor of the most populous municipality contained in such school district shall fill the vacancy from the same school director district in which the vacancy occurred until the first Monday in December following the next municipal primary occurring one hundred twenty days after the vacancy occurred.

(c)  Apportionment.

(1)  In each school district of the first class A, a school director district apportionment commission shall be constituted for the purpose of establishing an odd number not less than seven nor more than fifteen school director districts within the first class A school district by assigning each election district within such school district into one of such school director districts. The commission shall select that odd number of districts from seven to fifteen which will best provide for racial balance and proportional representation of all segments of the population at the time of the apportionment. Such school director districts shall be compact, contiguous, and as nearly equal in population as practicable.

(2)  The commission shall consist of six members, two to be appointed by the mayor of the most populous municipality in such school district, three by the city council of such municipality and one by the mayor of any other municipality in such school district with the approval of the legislative body thereof. The commission shall elect one of its members chairman, and shall act by a majority of its entire membership. If any of the appointing authorities shall fail to make any or all of such appointments within fifteen days after enactment of this act, such appointment or appointments shall be made by the court of common pleas.

(3)  No later than forty-five days after the commission has been duly certified, the commission shall file an apportionment plan with the county board of elections to be submitted to the voters of the district at the next primary election occurring not less than ninety-one days after the plan is filed with the county board and at which primary election the candidates for members of the school board shall be nominated.

(4)  No later than September in the second year following the year in which Federal census data is officially gathered, a school director district reapportionment commission shall be appointed. Said reapportionment commission shall consist of seven members, three to be appointed by the mayor of the most populous municipality in the school district, three by the city council of such municipality and one by the mayor of any other municipality of the school district with the approval of the legislative body thereof. The duties of the reapportionment commission shall be, from the official data of the United States Bureau of the Census, to define the lines that divide the existing school director districts to make any new school director districts as nearly equal in population as practicable, and as compact and contiguous as possible, and to best provide for racial balance on the board of school directors of said school district. The number of school directors or school director districts shall not be increased or decreased. In addition, the reapportionment commission shall make every effort to maintain neighborhood boundary lines of communities of like interest whenever practicable. Such reapportionment commission shall file its plan no later than ninety days after either the commission has been appointed or the specified population data for the first class A school district as determined by the Federal decennial census are available, whichever is later in time. ((4) amended Dec. 20, 1983, P.L.267, No.73)

(5)  The school district shall appropriate sufficient funds for the compensation and expenses of members and staff appointed by such apportionment and reapportionment commissions, and other necessary expenses. The members of such commissions shall be entitled to such compensation for their services as the school district from time to time shall determine. ((5) amended Dec. 20, 1983, P.L.267, No.73)

(6)  If an apportionment or reapportionment plan is not filed by the commission within the time prescribed by this section, the court of common pleas of the county in which the district is located shall immediately proceed on its own motion to apportion or reapportion the school director districts, in accordance with the standards set forth in subsection (c)(4). ((6) amended Dec. 20, 1983, P.L.267, No.73)

(7)  Any apportionment or reapportionment plan, filed by any such commission or prepared by the court of common pleas of the county in which the district is located upon the failure of the commission to act shall be published by the county board of elections once in at least one newspaper of general circulation in the most populous municipality of the school district, which publication shall contain a map of the school district showing the complete apportionment or reapportionment of the school director districts. The publication shall also state the population of the school director districts having the smallest and largest population and the percentage variation of such districts from the average population for such districts.

(8)  The county board of elections shall place upon the ballot to be submitted to the voters of each first class A school district under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," the following question:

Shall the apportionment plan submitted by the school director district apportionment commission for the election of members of the Board of Public Education of the school district of....................be approved?

 

Yes

 

No

Since the voters have accepted the apportionment plan, the number of school director districts contained in the apportionment plan shall be the permanent number of school director districts in said school district, and said permanent number of school director districts shall neither be increased nor decreased by any future reapportionment commission nor by the court of common pleas of the county in which the school district is located. The ballot question shall not be considered in the case of a reapportionment plan submitted by a reapportionment commission or the court of common pleas. ((8) amended Dec. 20, 1983, P.L.267, No.73)

(d)  Nomination and Elections of School Directors. School directors shall be nominated and elected in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."

(e)  Applicable Law upon Adoption. After the election of school directors from specified districts in accordance therewith, the Board of Public Education of such first class A school district shall be governed by the provisions of this section and by all other provisions of the act to which this is an amendment and other provisions of general law relating to first class A school districts which are not inconsistent with the provisions of this section. The provisions of this section shall supersede all other parts of the act to which this is an amendment and all other acts affecting the organization of school districts of the first class A to the extent that they are inconsistent or in conflict herewith. All existing acts or parts of acts and resolutions affecting the organization of first class A school districts not inconsistent or in conflict with the provisions of this section shall remain in full force until modified or repealed as provided by law.

(f)  Certain Prohibitions of Service. No superintendent, assistant superintendent, supervising principal, teacher or other employe shall serve either temporarily or permanently as a member of the school board by which employed.

(g)  Transition Provisions and Expiration of Existing Terms. The terms of existing appointed board members shall terminate on the first Monday of December in 1976 or in any subsequent year in which the initial elected members are elected, at which time the terms of all members to be elected as herein provided shall be deemed to begin. Thereafter the terms of all elected members shall expire on the first Monday of December in the year in which the length of term to which such members shall have been elected has been served.

(302.1 added Dec. 19, 1975, P.L.511, No.150)

19490014u303s

Section 303.  Number and Election in Districts of the Second, Third and Fourth Classes; Terms of Office.--(a)  In each school district of the second class, and on and after July 1, 1966, or if there is advance establishment July 1, 1964, or July 1, 1965, as the case may be, in each school district of the second, third and fourth class, there shall be a board of nine (9) school directors, who, except as otherwise provided in this act, shall be elected at large for terms of six (6) years. The terms of three of the members shall expire on the first Monday of December of each odd numbered year, as now provided by law. At each municipal election, three school directors, except as otherwise provided in this act, shall be elected at large for terms of six (6) years. Their terms of office shall begin on the first Monday of December following their election. Beginning with the terms to be filled at the municipal election held in 1979 and each odd numbered year thereafter, the terms of school directors so elected shall be four (4) years, except that at the municipal election in 1983, five (5) school directors shall be elected for terms of four (4) years and one (1) for a term of two (2) years. At the municipal election in 1985 and every four (4) years thereafter, four (4) directors shall be elected for terms of four (4) years. At the municipal election in 1987 and every four (4) years thereafter, five (5) directors shall be elected for terms of four (4) years. The board shall select by lot, prior to the time for filing of nomination petitions, the vacancy that is to be filled for a two (2) year term in 1983. ((a) amended Dec. 17, 1982, P.L.1378, No.316)

(b)  (1)  The interim operating committee or the board of school directors may develop a plan to elect school directors from regions or to elect some school directors at large and some from regions. Such a plan may also be developed by the resident electors of a school district as provided herein and shall have the same effect as one developed by the board of school directors.

(2)  Electors equal to at least twenty-five (25) per centum of the highest vote cast for any school director in the last municipal election may develop a plan to elect school directors from regions or to elect some school directors from regions and some from the school district at large. Plans proposed by electors shall be subject to the same requirements as plans proposed by the board of school directors.

(3)  The boundaries o