SENATE AMENDED

 

PRIOR PRINTER'S NOS. 94, 266, 3129, 4277

PRINTER'S NO.  4389

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

101

Session of

2009

  

  

INTRODUCED BY LONGIETTI, BAKER, BARRAR, BEAR, BOYD, BRENNAN, CALTAGIRONE, CARROLL, CAUSER, COHEN, CREIGHTON, DENLINGER, FABRIZIO, FAIRCHILD, FLECK, FRANKEL, FREEMAN, GEIST, GIBBONS, GRUCELA, HALUSKA, HENNESSEY, HESS, HORNAMAN, W. KELLER, KIRKLAND, KORTZ, KOTIK, MANN, McILVAINE SMITH, MELIO, MENSCH, MICCARELLI, MILLER, M. O'BRIEN, PASHINSKI, PICKETT, READSHAW, SANTONI, SEIP, SIPTROTH, STERN, STEVENSON, STURLA, VULAKOVICH, WALKO, WHEATLEY, YUDICHAK, WANSACZ, PAYTON, REED, K. SMITH, MURT, DALLY, BENNINGHOFF, BROOKS, PEIFER, BRIGGS, MATZIE, M. SMITH AND SAMUELSON, JANUARY 28, 2009

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 28, 2010   

  

  

  

AN ACT

  

1

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

2

act relating to the public school system, including certain

3

provisions applicable as well to private and parochial

4

schools; amending, revising, consolidating and changing the

5

laws relating thereto," providing for development of economic

<--

6

education and personal financial literacy programs; and

7

establishing the Economic Education and Personal Financial

8

Literacy Fund in school districts, further providing for

<--

9

reports to Department of Education and providing for value-

10

added assessment system and for drop-out data collection; in

11

intermediate units, further providing for financial reports;

12

providing for payment of fees associated with certification

13

by the National Board for Professional Teaching Standards; in

14

certification of teachers, further providing for

15

disqualifications relating to teacher's certificate; in

16

pupils and attendance, further providing for residence and

17

right to free school privileges and providing for emergency

18

permits at approved private schools and chartered schools for

19

the deaf and blind; in provisions relating to safe schools,

20

further providing for definitions and for the Office for Safe

21

Schools; providing for regulations; and further providing for

22

reporting by school entities; in school health services,

23

further providing for possession and use of asthma inhalers

24

and epinephrine auto-injectors, for medical examinations of

 


1

teachers and other persons and for duties of Department of

2

Education; in terms and courses of study, providing for

3

economic education and personal financial literacy programs,

4

for State standards for business, computer and information

5

technology courses and for dating violence education;

6

establishing the Science Technology Partnership Program; in

7

high schools, further providing for academic degrees; in

8

charter schools, further providing for facilities; providing

9

for the Older Pennsylvanian Higher Education Program, for

10

course materials at institutions of higher education and for

11

sexual violence education at institutions of higher

12

education; in reimbursements by Commonwealth and between

13

school districts, further providing for effect of failure to

14

file reports; and making editorial changes and related

15

repeals.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

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

<--

19

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

20

section to read:

21

Section 1551.  Economic Education and Personal Financial

22

Literacy Programs.--(a)  The General Assembly declares it is the

23

purpose of this section to require the department to gather and

24

disseminate curriculum materials for school entities or private,

25

nonpublic, elementary or secondary schools in this Commonwealth

26

related to teaching economics and personal finance curriculum as

27

identified in the Pennsylvania Academic Standards for Economics,

28

Family and Consumer Science, and Career Education and Work. The

29

materials shall incorporate concepts of economics and personal

30

financial literacy into the K-12 school curricula and shall be

31

designed to educate the general student population who need to

32

understand our economic system and the role the individual

33

citizen, consumer and saver plays within that system. In

34

gathering materials for use in schools, the department shall

35

consider materials and resources currently available through

36

international, national, Statewide and local economic and

37

personal finance education organizations.

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1

(b)  The department shall have the power and its duty shall

2

be to:

3

(1)  Provide resource information on economics, economic

4

education and personal financial literacy to educators and

5

public and private schools and organizations.

6

(2)  Provide for the distribution through the department's

7

Internet website to school entities or private, nonpublic,

8

elementary or secondary schools in this Commonwealth, teacher

9

curriculum materials and other available resources, including

10

economic education partnership programs, on economic education

11

and personal finance concepts. In distributing materials and

12

resources for use in schools, the department shall consider

13

those currently available through international, national,

14

Statewide and local economic, banking trade and personal finance

15

education organizations. Such materials may include curriculum

16

on issues related to our economic system, including, but not

17

limited to, the concepts identified in the Pennsylvania Academic

18

Standards for Economics, Family and Consumer Science, and Career

19

Education and Work.

20

(3)  Identify and recognize Commonwealth schools that

21

implement exemplary economic and economic education and personal

22

financial literacy curricula at each benchmark identified by the

23

Pennsylvania Academic Standards for Economics, Family and

24

Consumer Science, and Career Education and Work.

25

(4)  Maintain an inventory of economic education and personal

26

financial literacy materials, programs and resources available

27

in Commonwealth agencies.

28

(c)  The secretary shall prepare and submit an annual report

29

to the Governor and the General Assembly on the status of

30

economic education and personal financial literacy programs in

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1

this Commonwealth. The report shall outline economic education

2

and personal financial literacy programs and achievements,

3

highlight new initiatives and recommend future program needs.

4

(d)  (1)  The secretary shall consult, at least annually,

5

with a representative cross section of the economic, personal

6

financial literacy, banking and education communities of this

7

Commonwealth. The cross section shall include, but not be

8

limited to:

9

(i)  Statewide and local economic and personal finance

10

education organizations.

11

(ii)  Faculty and staff members of this Commonwealth's higher

12

education community, each of whom must have a background in or

13

knowledge of economics and personal financial literacy.

14

(iii)  Teachers involved in economic education or personal

15

financial literacy.

16

(iv)  Administrators of school entities who conduct an

17

economic or personal financial literacy education program.

18

(2)  The consultation process shall:

19

(i)  Assess the trends and needs in economic education and

20

personal financial literacy.

21

(ii)  Consider the manner in which any funds are used to

22

support economic education and personal financial literacy

23

activities.

24

(iii)  Make recommendations to the Governor and the General

25

Assembly regarding legislative or regulatory changes to improve

26

economic education and personal financial literacy, pursuant to

27

the preparation and submittal of the report required by

28

subsection (c).

29

(e)  There is hereby established a separate fund in the State

30

Treasury to be known as the Economic Education and Personal

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1

Financial Literacy Fund.  All non-State moneys in the fund are

2

appropriated to the department on a continuing basis. At the end

3

of each fiscal year, unencumbered State moneys shall lapse to

4

the General Fund. The moneys in the fund shall be used solely

5

for the purpose of implementing and continuing the provisions of

6

this section, including program administration.

7

(1)  The department is authorized, for purposes of

8

implementing and administering this section:

9

(i)  To accept and expend, on behalf of the Commonwealth, any

10

appropriations from the General Assembly or Federal Government,

11

gifts, donations, legacies and usages of money from individuals,

12

organizations, public or private corporations and similar

13

entities.

14

(ii)  To apply for, accept and expend any and all Federal,

15

State or other grants that may be available for the purposes of

16

this section.

17

(iii)  To pursue and establish partnerships with

18

organizations, public and private corporations and similar

19

entities through which it may raise money for the purposes of

20

this section.

21

(2)  All money received or raised under this subsection shall

22

be paid into the State Treasury and credited to the fund.

23

(f)  The following words and phrases when used in this

24

section shall have the meanings given to them in this

25

subsection:

26

"Department."  The Department of Education of the

27

Commonwealth.

28

"Fund."  The Economic Education and Personal Financial

29

Literacy Fund.

30

"Personal financial literacy."  The integration of various

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1

factors relating to personal financial management, including

2

understanding financial institutions, using money, learning to

3

manage personal assets and liabilities, creating budgets and any

4

other factors that may assist an individual in this Commonwealth

5

to be financially responsible.

6

"School entity."  A public school district, intermediate unit

7

or area vocational-technical school.

8

"Secretary."  The Secretary of Education of the Commonwealth.

9

Section 2.  This act shall take effect immediately.

10

Section 1.  Section 218 of the act of March 10, 1949 (P.L.30,

<--

11

No.14), known as the Public School Code of 1949, added May 10,

12

2000 (P.L.44, No.16), is amended to read:

13

Section 218.  Reports to Department of Education.--(a)  An

14

annual financial report shall be submitted to the Secretary of

15

Education by each school district, charter school, cyber charter

16

school and area vocational-technical school not later than the

17

31st day of October. All financial accounting and reporting by

18

school districts, charter schools, cyber charter schools and

19

area vocational-technical schools to the Department of Education

20

shall be in accordance with generally accepted accounting and

21

reporting standards, except that management discussion and

22

analysis and related notes and the following financial

23

statements shall not be required components of the annual

24

financial report: entity-wide financial statements, including

25

the statement of activities and the statement of net assets; the

26

reconciliation of the balance sheet - governmental funds to

27

statement of net assets; and the reconciliation of the statement

28

of revenues, expenditures and changes in fund balances -

29

governmental funds to statement of activities. The Department of

30

Education shall establish a reporting standard for the annual

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1

financial report.

2

(b)  The chief school administrator and board secretary of a

3

school district, charter school, cyber charter school or area

4

vocational-technical school shall submit a signed statement to

5

the Department of Education not later than the 31st day of

6

December of each year certifying that: the audited financial

7

statements of the school district, charter school, cyber charter

8

school or area vocational-technical school have been properly

9

audited pursuant to Article XXIV and that in the independent

10

auditor's professional opinion, the financial information

11

submitted in the annual financial report was materially

12

consistent with the audited financial statements.

13

(c)  If the financial information submitted in the annual

14

financial report was not materially consistent with the audited

15

financial statements, the school district, charter school, cyber

16

charter school or area vocational-technical school shall submit

17

a revised annual financial report to the Department of Education

18

not later than the 31st day of December.

19

(d)  The Department of Education shall order the forfeiture

20

penalties provided for under section 2552.1(a.1) against a

21

school district, charter school, cyber charter school or area

22

vocational-technical school for failure to timely submit an

23

annual financial report or revised annual financial report.

24

Section 2.  The act is amended by adding sections to read:

25

Section 221.  Value-added Assessment System.--(a)  Beginning

26

on the effective date of this section, the Department of

27

Education shall make available on its publicly accessible

28

Internet website the following:

29

(1)  Value-added assessment system data for the school

30

district level and the school level. The Department of

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1

Education's disclosure of value-added assessment system data

2

shall be subject to the Family Educational Rights and Privacy

3

Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a

4

successor Federal statute.

5

(2)  Instructions that may assist the public in understanding

6

and interpreting the data provided under paragraph (1).

7

(b)  For purposes of this section:

8

"Value-added assessment system" shall mean a statistical

9

analysis of results on the Pennsylvania System of School

10

Assessment test or any other test established by the State Board

11

of Education to meet the requirements of section 2603-B(d)(10)

12

(i) pursuant to 22 Pa. Code § 403.3 (relating to single

13

accountability system) that uses measures of student learning to

14

enable the estimation of school or school district statistical

15

distributions.

16

Section 222.  Drop-out Data Collection.--(a)  The department

17

shall have the following powers and duties:

18

(1)  To report the graduation rates and drop-out rates in

19

this Commonwealth.

20

(2)  To implement and maintain a data collection and

21

reporting system that accounts for all students and calculates

22

graduation rates and drop-out rates in all school entities in

23

accordance with Federal regulations or guidelines. The

24

department may comply with this section by modifying a currently

25

existing data collection and reporting system to provide the

26

information required under subsection (b).

27

(3)  To require school entities to report student graduation

28

and drop-out data to the department using the department's data

29

collection system.

30

(b)  (1)  Beginning in the 2011-2012 school year and in each

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1

school year thereafter, the department shall annually prepare a

2

report and provide a copy of the report to the Education

3

Committee of the Senate and the Education Committee of the House

4

of Representatives and shall post a copy of the report on the

5

department's publicly accessible Internet website by December 1

6

of each year. The report shall contain, at a minimum, the

7

following:

8

(i)  All drop-out rates and graduation rates reported by

9

school entities, including school-level data, disaggregated by

10

the factors used to identify an at-risk student and the

11

following classifications:

12

(A)  Limited English proficiency.

13

(B)  Low income.

14

(C)  Special education.

15

(D)  Gifted education.

16

(E)  Race/ethnicity.

17

(F)  Gender.

18

(G)  School entity.

19

(H)  Geographic area.

20

(ii)  Highest grade level completed and age prior to dropping

21

out.

22

(2)  School entities shall use the definitions and formulas

23

established by the department if no Federal statute, regulation

24

or guideline exists when reporting the graduation rates and

25

drop-out rates to the department. School entities shall report

26

these rates annually in a manner required by the department.

27

(3)  The department may develop any guidelines or standards

28

necessary to implement the requirements of this section.

29

(c)  As used in this section, the following words and phrases

30

shall have the meanings given to them in this subsection unless

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1

the context clearly indicates otherwise:

2

"Department."  The Department of Education of the

3

Commonwealth.

4

"School entity."  A public school district, charter school,

5

cyber charter school or area vocational-technical school.

6

Section 3.  Section 921-A of the act, amended July 11, 2006

7

(P.L.1092, No.114), is amended to read:

8

Section 921-A.  Financial Reports.--(a)  An annual financial

9

report shall be submitted to the Secretary of Education by each

10

intermediate unit not later than the 31st day of October,

11

together with an auditor's report prepared by an independent

12

auditor who shall be a certified public accountant or other

13

competent public accountant. The financial information submitted

14

in the annual financial report shall be materially consistent

15

with the audited financial statements. All financial accounting

16

and reporting by intermediate units to the Department of

17

Education shall be in accordance with generally accepted

18

accounting and reporting standards, except that management

19

discussion and analysis and related notes and the following

20

financial statements shall not be required components of the

21

annual financial report: entity-wide financial statements,

22

including the statement of activities and the statement of net

23

assets; the reconciliation of the balance sheet - governmental

24

funds to statement of net assets; and the reconciliation of the

25

statement of revenues, expenditures and changes in fund

26

balances - governmental funds to statement of activities. The

27

Department of Education shall establish a reporting standard for

28

the annual financial report.

29

(b)  The Department of Education shall order the forfeiture

30

penalties provided for under section 2552.1(a.1) against an

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1

intermediate unit for failure to timely submit an annual

2

financial report.

3

Section 4.  Article XI of the act is amended by adding a

4

subdivision to read:

5

(i)  Programs.

6

Section 1194.1.  (Reserved).

7

Section 5.  The act is amended by adding an article to read:

8

ARTICLE XI-B

9

CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR

10

PROFESSIONAL TEACHING STANDARDS

11

Section 1101-B.  Definitions.

12

The following words and phrases when used in this article

13

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

14

context clearly indicates otherwise:

15

"Department."  The Department of Education of the

16

Commonwealth.

17

"Eligible teacher."  A teacher who:

18

(1)  Is a current Pennsylvania resident.

19

(2)  Currently holds a valid Pennsylvania teaching

20

certification in good standing.

21

(3)  Has completed three full years of teaching or school

22

counseling in a Pennsylvania public school.

23

(4)  Holds a current, full-time teaching or school

24

counseling position in a Pennsylvania public school.

25

(5)  Has not previously received Commonwealth funds for

26

participating in the NBPTS certification process.

27

(6)  Has not repaid any Commonwealth funds previously

28

received for the NBPTS certification process.

29

(7)  Has not received a waiver of repayment from the

30

Department of Education.

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1

"National Board for Professional Teaching Standards" or

2

"NBPTS."  The independent, nonprofit organization established in

3

1987 to establish high standards for teachers' knowledge and

4

performance and for development and operation of a national

5

voluntary system to assess and certify teachers who meet those

6

standards.

7

"Public school."  A school operated by a school district,

8

intermediate unit, charter school, cyber charter school or an

9

area vocational-technical school.

10

Section 1102-B.  Payment of fees.

11

To the extent funds are available, the Commonwealth shall do

12

all of the following:

13

(1)  Pay all or a portion of the cost of NBPTS assessment

14

fees on behalf of an eligible teacher to become NBPTS

15

certified or recertified.

16

(2)  Reimburse school districts for all or a portion of

17

substitute fees for each day the eligible teacher

18

participates in preparation for NBPTS certification, up to

19

three days.

20

Section 1103-B.  Priority.

21

(a)  Schools in school improvement or corrective action.--

22

Eligible teachers who teach in schools identified by the

23

department as in school improvement or corrective action shall

24

receive first priority for payment of assessment fees under this

25

article. The eligible teachers' districts shall also receive

26

first priority for substitute fees reimbursement.

27

(b)  Other priority.--Eligible teachers who teach early

28

childhood education, who teach mathematics or science at the

29

middle or secondary level or who teach special education or

30

foreign languages shall receive second priority for payment of

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1

assessment fees under this article. The eligible teachers'

2

districts shall also receive second priority for substitute fees

3

reimbursement.

4

Section 1104-B.  Duties of eligible teachers.

5

(a)  Completion of process.--An eligible teacher on whose

6

behalf the assessment fee is paid shall agree to complete the

7

certification process or be subject to repayment as set forth in

8

section 1105-B(a).

9

(b)  Three-year commitment.--An eligible teacher on whose

10

behalf the assessment fee is paid and who receives NBPTS

11

certification shall, in addition to the requirement under

12

subsection (a), agree to serve as a teacher or administrator in

13

a Pennsylvania public school for a period of at least three

14

years or be subject to repayment as set forth in section 1105-

15

B(b). Eligible teachers who receive priority under section 1103-

16

B and who receive NBPTS certification shall teach in that

17

priority class for the three-year commitment period. If an

18

eligible teacher receives priority under section 1103-B(a) and

19

the school is removed from improvement or corrective action

20

during the three-year commitment period, service in the same

21

school or in another school identified by the department as in

22

school improvement or corrective action shall continue to

23

fulfill the requirements of this subsection.

24

Section 1105-B.  Repayment.

25

(a)  Failure to complete the certification process.--When an

26

eligible teacher for whom the Commonwealth has paid the

27

assessment fee fails to complete the certification process, the

28

teacher shall reimburse the Commonwealth for the amount of the

29

assessment fee. A candidate who completes the certification

30

process but is denied NBPTS certification shall not be subject

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1

to repayment pursuant to this subsection.

2

(b)  Failure to continue teaching.--When an eligible teacher

3

for whom the Commonwealth has paid the assessment fee fails to

4

meet the requirements of section 1104-B(b), the teacher shall

5

reimburse the Commonwealth for the amount of the assessment fee.

6

The teacher shall certify to the department each year that the

7

teacher is in compliance with section 1104-B(b).

8

(c)  Waiver of repayment.--Upon the application of the

9

eligible teacher, the department:

10

(1)  Shall waive the repayment requirement if the

11

department finds that the teacher was unable to complete the

12

process or meet the requirements of section 1104-B(b) due to:

13

(i)  administrative action on the part of the school

14

district or area vocational-technical school for other

15

than causes enumerated in section 1122;

16

(ii)  illness of the teacher;

17

(iii)  the death or catastrophic illness of a member

18

of the teacher's immediate family; or

19

(iv)  parental leave to care for a newborn or newly

20

adopted child.

21

(2)  May waive the repayment requirement if the

22

department finds other extraordinary circumstances.

23

Section 1106-B.  Duties of department.

24

(a)  Guidelines.--The department shall develop guidelines

25

necessary for the implementation of this article.

26

(b)  Technical assistance.--To the extent funds are

27

available, the department shall provide technical assistance to

28

NBPTS applicants. The department may contract with one or more

29

institutions of higher education or intermediate units in order

30

to provide technical assistance.

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1

Section 6.  Section 1209 of the act, amended April 15, 1959

2

(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

3

to read:

4

Section 1209.  Disqualifications.--No teacher's certificate

5

shall be granted to any person who [has]:

6

(1)  Has not submitted, upon a blank furnished by the

7

[Superintendent of Public Instruction] Secretary of Education, a

8

certificate from a physician [legally qualified to practice

9

medicine], certified registered nurse practitioner or physician

10

assistant licensed or certified in this Commonwealth, or in any

11

other state or the District of Columbia, setting forth that

12

[said] the applicant is [neither mentally nor physically

13

disqualified, by reason of tuberculosis or any other

14

communicable disease or by reason of mental disorder] not

15

disqualified by reason of a mental or physical disability or a

16

communicable disease from the successful performance of the

17

[duties of a teacher; nor to any person who has not] essential

18

functions of a teacher with or without a reasonable

19

accommodation.

20

(2)  Does not have a good moral character[, or who is].

21

(3)  [in the habit of using opium or other narcotic drugs in

22

any form, or any intoxicating drink as a beverage, or to any

23

applicant who has a major physical disability or defect unless

24

such a person submits a certificate signed by an official of the

25

college or university from which he was graduated or of an

26

appropriate rehabilitation agency, certifying that in the

27

opinion of such official the applicant, by his work and

28

activities, demonstrated that he is sufficiently adjusted,

29

trained and motivated to perform the duties of a teacher,

30

notwithstanding his impediment.] Engages in the illegal use of

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1

controlled substances or alcoholic beverages. An applicant for

2

certification may overcome the disqualification under this

3

paragraph and receive a teaching certificate if the applicant is

4

reviewed by the Department of Education pursuant to the

5

requirement of paragraph (2) and determined to be of good moral

6

character.

7

Section 7.  Section 1302 of the act is amended by adding a

8

subsection to read:

9

Section 1302.  Residence and Right to Free School

10

Privileges.--* * *

11

(d)  Notwithstanding the provisions of subsection (a), when a

12

child lives outside of Pennsylvania as a result of one or both

13

parents being called or ordered to active military duty, other

14

than active duty training, the child shall continue to be

15

considered a resident of the school district that was the

16

child's resident school district immediately prior to the parent

17

being stationed outside of Pennsylvania, provided that the

18

parent maintains the residence.

19

Section 8.  The act is amended by adding a section to read:

20

Section 1377.2.  Emergency Permits at Approved Private

21

Schools and Chartered Schools for the Deaf and Blind.--Approved

22

private schools and chartered schools for the deaf and blind

23

shall have the authority to apply for emergency permits through

24

the Department of Education pursuant to the criteria for

25

eligibility established under 22 Pa. Code § 49.31 (relating to

26

criteria for eligibility) as if the teachers were employed by a

27

public school entity provided that all other conditions for

28

obtaining an emergency permit are met.

29

Section 9.  Section 1301-A of the act, added June 30, 1995

30

(P.L.220, No.26), is amended to read:

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1

Section 1301-A.  Definitions.--As used in this article,

2

"Chief school administrator" shall mean the superintendent of

3

a public school district, superintendent of an area vocational-

4

technical school, executive director of an intermediate unit or

5

chief executive officer of a charter school.

6

"Office" shall mean the Office for Safe Schools within the

7

Department of Education.

8

"School entity" shall mean any public school district,

9

intermediate unit [or], area vocational-technical school or

10

charter school.

11

"School-based diversion programs" shall mean programs that,

12

in partnership with other stakeholders, divert youth out of the

13

juvenile justice system. These programs include, but are not

14

limited to, youth aid panels in which a panel of community

15

members decide an appropriate resolution to hold the student

16

accountable for the student's actions by, among other options,

17

requiring the student to complete educational activities,

18

community service, restitution and any other related program or

19

service.

20

"School property" shall mean any public school grounds, any

21

school-sponsored activity or any conveyance providing

22

transportation to a school entity or school-sponsored activity.

23

"School-wide positive behavior support" means a school-wide,

24

evidence-based and data-driven approach to improving school

25

behavior that seeks to reduce unnecessary student disciplinary

26

actions and promote a climate of greater productivity, safety

27

and learning.

28

"Student with a disability" shall mean a student who meets

29

the definition of "child with a disability" under the

30

Individuals with Disabilities Act (Public Law 91-230, 20 U.S.C.

- 17 -

 


1

§ 1400 et seq.) or who meets the definition of a "handicapped

2

person" under section 504 of the Rehabilitation Act and its

3

implementing regulations (34 C.F.R. § 104.3(j)). The term

4

includes a student for whom an evaluation is pending under

5

either the Individuals with Disabilities Act or Rehabilitation

6

Act.

7

"Weapon" shall include, but not be limited to, any knife,

8

cutting instrument, cutting tool, nunchaku, firearm, shotgun,

9

rifle and any other tool, instrument or implement capable of

10

inflicting serious bodily injury.

11

Section 10.  Section 1302-A of the act, amended or added June

12

30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is

13

amended to read:

14

Section 1302-A.  Office for Safe Schools.--(a)  There is

15

hereby established in the Department of Education an Office for

16

Safe Schools.

17

(b)  The office shall have the [following powers and duties] 

18

power and duty to implement the following:

19

(1)  To coordinate antiviolence efforts between school,

20

professional, parental, governmental, law enforcement and

21

community organizations and associations.

22

(2)  To collect, develop and disseminate information,

23

policies, strategies and other information to assist in the

24

development of programs to impact school violence.

25

(2.1)  To direct all school entities to submit annual school

26

violence statistics and reports to the office no later than July

27

31 of each year.

28

(3)  To provide direct training to school employes, parents,

29

law enforcement officials and communities on effective measures

30

to prevent and combat school violence.

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1

(4)  To advise school entities and nonpublic schools on the

2

development of policies to be used regarding possession of

3

weapons by any person, acts of violence and protocols for

4

coordination with and reporting to law enforcement officials and

5

the Department of Education.

6

(4.1)  To verify the existence of corrective action plans to

7

reduce incidents of violence as required in the No Child Left

8

Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

9

(5)  To develop forms to be used by school entities and

10

police departments for reporting incidents involving acts of

11

violence and possession of weapons on school property. The forms

12

shall be reviewed on a biennial basis and revised when

13

necessary.

14

(6)  To verify that each school entity has a biennially 

15

updated and reexecuted memorandum of understanding with local

16

law enforcement and has filed such memorandum with the office on

17

a biennial basis.

18

(7)  To publish and post on the Department of Education's

19

Internet website a School Safety Annual Report no later than

20

November 1 of each calendar year outlining all incidents

21

required to be reported under section 1303-A and any school

22

district that failed to submit a report under section 1303-A.

23

(b.1)  The office shall process and tabulate the data on an

24

annual basis to assist school administrators and law enforcement

25

officials in their duties under this article.

26

(c)  In addition to the powers and duties set forth under

27

subsection [(a)] (b), the office is authorized to make targeted

28

grants to [schools] school entities to fund programs which

29

address school violence, including[, but not limited to, the

30

following programs]:

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1

(1)  Conflict resolution or dispute management, including

2

restorative justice strategies.

3

(1.1)  School-wide positive behavior support that includes

4

primary or universal, secondary and tertiary supports and

5

interventions in school entities.

6

(1.2)  School-based diversion programs.

7

(2)  Peer helpers programs.

8

(3)  Risk assessment, safety-related [or], violence

9

prevention curricula, including, but not limited to, dating

10

violence curricula and restorative justice strategies.

11

(4)  Classroom management.

12

(5)  Student codes of conduct.

13

(6)  Training to undertake a districtwide assessment of risk

14

factors that increase the likelihood of problem behaviors among

15

students.

16

(7)  Development and implementation of research-based

17

violence prevention programs that address risk factors to reduce

18

incidents of problem behaviors among students including, but not

19

limited to, bullying.

20

(8)  Comprehensive, districtwide school safety and violence

21

prevention plans.

22

(9)  Security planning, purchase of security-related

23

technology which may include metal detectors, protective

24

lighting, surveillance equipment, special emergency

25

communications equipment, electronic locksets, deadbolts and

26

theft control devices and training in the use of security-

27

related technology. Security planning and purchase of security-

28

related technology shall be based on safety needs identified by

29

the school entity's board of directors.

30

(10)  Institution of student, staff and visitor

- 20 -

 


1

identification systems, including criminal background check

2

software.

3

(11)  Establishment or enhancement of school security

4

personnel, including school resource officers.

5

(12)  Provision of specialized staff and student training

6

programs, including training for Student Assistance Program team

7

members in elementary, middle and high schools in the referral

8

of students at risk of violent behavior to appropriate

9

community-based services, including mental health services.

10

(13)  Alternative education programs provided for in Article

11

XIX-C.

12

(14)  Counseling services for students enrolled in

13

alternative education programs.

14

(15)  An Internet web-based system for the management of

15

student discipline, including misconduct and criminal offenses.

16

(16)  Staff training programs in the use of positive behavior

17

supports, de-escalation techniques and appropriate responses to

18

student behavior that may require immediate intervention.

19

(d)  [Grant applications shall contain information as the

20

office may require. The office shall conduct a thorough annual

21

evaluation of each program for which a grant under this section

22

is made.]

23

(1)  Targeted grants shall be allocated through a competitive

24

grant review process established by the office. School entities

25

must satisfy the requirements of this section and section 1303-A

26

to be eligible for grants. The application for a targeted grant

27

shall include:

28

(i)  the purpose for which the targeted grant shall be

29

utilized;

30

(ii)  information indicating need for the targeted grant,

- 21 -

 


1

including, but not limited to, school violence statistics;

2

(iii)  an estimated budget;

3

(iv)  methods for measuring outcomes; and

4

(v)  any other criteria as the office may require.

5

(2)  The office shall:

6

(i)  Give priority in grant funding to a school entity

7

designated as a persistently dangerous school as defined in 22

8

Pa. Code § 403.2 (relating to definitions).

9

(ii)  Give priority in grant funding to school entities with

10

the greatest need to establish safety and order.

11

(iii)  To the greatest extent possible, ensure that grant

12

funding is geographically dispersed to school entities

13

throughout this Commonwealth.

14

(3)  The office shall provide all targeted grant agreements

15

to the Department of Education's comptroller for review and

16

approval prior to awarding the grant. The school entity shall

17

provide the office with full and complete access to all records

18

relating to the performance of the grant, and shall submit, at

19

such time and in such form as may be prescribed, truthful and

20

accurate information that the office may require. The office

21

shall conduct a thorough annual evaluation of each program for

22

which a grant under this section is made. The office shall seek

23

repayment of funds if it determines that funds were not utilized

24

for the original stated purpose.

25

Section 11.  The act is amended by adding a section to read:

26

Section 1302.1-A.  Regulations.--(a) Within one year of the

27

effective date of this section, the State Board of Education

28

shall promulgate final-omitted regulations pursuant to the act

29

of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory

30

Review Act," necessary to implement this article. The

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1

regulations shall include the following:

2

(1)  A model memorandum of understanding between school

3

entities and local police departments. The model memorandum of

4

understanding shall be reviewed on a biennial basis and revised

5

where necessary. 

6

(2)  Protocol for the notification of the police department

7

when an offense listed under section 1303-A(b)(4.1) occurs on

8

school property, which shall include a requirement that the

9

local police department be notified immediately when such an

10

offense occurs.

11

(3)  Protocol for the notification of the police department

12

at the discretion of the chief school administrator regarding an

13

offense listed under section 1303-A (b)(4.2) or any other

14

offense that occurs on school property.

15

(4)  Protocol for emergency and nonemergency response by the

16

police department, which shall include a requirement that the

17

school district shall supply the police department with a copy

18

of the comprehensive disaster response and emergency

19

preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating

20

to duties concerning disaster prevention).

21

(5)  Procedures and protocols for the response and handling

22

of students with a disability, including procedures related to

23

student behavior as required by 22 Pa. Code §§ 14.104 (relating

24

to special education plans) and 14.133 (relating to positive

25

behavior support).

26

(b)  (1)  In promulgating the regulations required under (a),

27

the State Board of Education shall convene and consult with a

28

Statewide advisory committee which shall include a police chief,

29

juvenile public defender, school superintendent, school

30

principal, district attorney, solicitor of a school district,

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1

special education supervisor, special education advocate and in-

2

school probation officer and one designee from the Department of

3

Education, the Pennsylvania Commission on Crime and Delinquency,

4

the Municipal Police Officers' Education and Training

5

Commission, the Juvenile Court Judges' Commission and the

6

Pennsylvania State Police.

7

(2)  Members of the committee shall be selected to be

8

representative of the rural, suburban and urban school entities

9

of this Commonwealth.

10

(3)  The advisory committee shall be convened no later than

11

sixty (60) days after the effective date of this section and

12

shall meet regularly to fulfill the requirements of this

13

section.

14

Section 12.  Section 1303-A of the act, amended June 25, 1997

15

(P.L.297, No.30), is amended to read:

16

Section 1303-A.  Reporting.--(a)  The office shall conduct a

17

one-time survey of all school entities to determine the number

18

of incidents involving acts of violence on school property and

19

all cases involving possession of a weapon by any person on

20

school property which occurred within the last five (5) years.

21

The survey shall be based on the best available information

22

provided by school entities.

23

(b)  [All school entities] Each chief school administrator 

24

shall report to the office by July 31 of each year all new

25

incidents involving acts of violence, possession of a weapon or

26

possession, use or sale of controlled substances as defined in

27

the act of April 14, 1972 (P.L.233, No.64), known as "The

28

Controlled Substance, Drug, Device and Cosmetic Act," or

29

possession, use or sale of alcohol or tobacco by any person on

30

school property [at least once a year, as provided by the

- 24 -

 


1

office,]. The incidents to be reported to the office shall

2

include all incidents involving conduct that constitutes a

3

criminal offense listed under paragraphs (4.1) and (4.2).

4

Reports on a form to be developed and provided by the office[.

5

The form] shall include:

6

(1)  Age or grade of student.

7

(2)  Name and address of school.

8

(3)  Circumstances surrounding the incident, including, but

9

not limited to, type of weapon, controlled substance, alcohol or

10

tobacco, the date, time and location of the incident, if a

11

person other than a student is involved in the incident and any

12

relationship to the school entity.

13

(3.1)  Race of student.

14

(3.2)  Whether the student has an Individualized Education

15

Plan under the Individuals with Disabilities Education Act

16

(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the

17

type of disability.

18

(4)  Sanction imposed by the school.

19

(4.1)  A list of criminal offenses which shall, at a minimum,

20

include:

21

(i)  The following offenses under 18 Pa.C.S. (relating to

22

crimes and offenses):

23

Section 908 (relating to prohibited offensive weapons).

24

Section 912 (relating to possession of weapon on school

25

property).

26

Chapter 25 (relating to criminal homicide).

27

Section 2702 (relating to aggravated assault).

28

Section 2709.1 (relating to stalking).

29

Section 2901 (relating to kidnapping).

30

Section 2902 (relating to unlawful restraint).

- 25 -

 


1

Section 3121 (relating to rape).

2

Section 3122.1 (relating to statutory sexual assault).

3

Section 3123 (relating to involuntary deviate sexual

4

intercourse).

5

Section 3124.1 (relating to sexual assault).

6

Section 3124.2 (relating to institutional sexual assault).

7

Section 3125 (relating to aggravated indecent assault).

8

Section 3126 (relating to indecent assault).

9

Section 3301 (relating to arson and related offenses).

10

Section 3307 (relating to institutional vandalism), when the

11

penalty is a felony of the third degree.

12

Section 3502 (relating to burglary).

13

Section 3503(a) and (b)(1)(v) (relating to criminal

14

trespass).

15

Section 5501 (relating to riot).

16

Section 6110.1 (relating to possession of firearm by minor).

17

(ii)  The possession, use or sale of a controlled substance

18

or drug paraphernalia as defined in "The Controlled Substance,

19

Drug, Device and Cosmetic Act."

20

(iii)  Attempts, solicitation or conspiracy to commit any of

21

the offenses listed in subclauses (i) and (ii).

22

(iv)  An offense for which registration is required under 42

23

Pa.C.S. § 9795.1 (relating to registration).

24

(4.2)  The following offenses under 18 Pa.C.S., and any

25

attempt, solicitation or conspiracy to commit any of these

26

offenses:

27

Section 2701 (relating to simple assault).

28

Section 2705 (relating to recklessly endangering another

29

person).

30

Section 2706 (relating to terroristic threats).

- 26 -

 


1

Section 2709 (relating to harassment).

2

Section 3127 (relating to indecent exposure).

3

Section 3307 (relating to institutional vandalism), when the

4

penalty is a misdemeanor of the second degree.

5

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)

6

(relating to criminal trespass).

7

Chapter 39 (relating to theft and related offenses).

8

Section 5502 (relating to failure of disorderly persons to

9

disperse upon official order).

10

Section 5503 (relating to disorderly conduct).

11

Section 6305 (relating to sale of tobacco).

12

Section 6306.1 (relating to use of tobacco in schools

13

prohibited).

14

Section 6308 (relating to purchase, consumption, possession

15

or transportation of liquor or malt or brewed beverages).

16

(5)  Notification of law enforcement.

17

(6)  Remedial programs involved.

18

(7)  Parental involvement required.

19

(8)  Arrests, convictions and adjudications, if known.

20

[If a person other than a student is involved, the report shall

21

state the relationship of the individual involved to the school

22

entity.]

23

(b.1)  Prior to submitting the report required under

24

subsection (b), each chief school administrator and each police

25

department having jurisdiction over school property of the

26

school entity shall do all of the following:

27

(1)  No later than thirty (30) days prior to the deadline for

28

submitting the report to the office required under subsection

29

(b), the chief school administrator shall submit the report to

30

the police department with jurisdiction over the relevant school

- 27 -

 


1

property. The police department shall review the report and

2

compare the data regarding criminal offenses and notification of

3

law enforcement to determine whether the report accurately

4

reflects police incident data.

5

(2)  No later than fifteen (15) days prior to the deadline

6

for the chief school administrator to submit the report required

7

under subsection (b), the police department shall notify the

8

chief school administrator, in writing, whether the report

9

accurately reflects police incident data. Where the police

10

department determines that the report accurately reflects police

11

incident data, the chief of police shall sign the report. Where

12

the police department determines that the report does not

13

accurately reflect police incident data, the police department

14

shall indicate any discrepancies between the report and police

15

incident data.

16

(3)  Prior to submitting the report required under subsection

17

(b), the chief school administrator and the police department

18

shall attempt to resolve discrepancies between the report and

19

police incident data. Where a discrepancy remains unresolved,

20

the police department shall notify the chief school

21

administrator and the office in writing.

22

(4)  Where a police department fails to take action as

23

required under clause (2) or (3), the chief school administrator

24

shall submit the report required under subsection (b) and

25

indicate that the police department failed to take action as

26

required under clause (2) or (3).

27

(c)  [All school entities shall develop a memorandum of

28

understanding with local law enforcement which sets forth

29

procedures to be followed when an incident involving an act of

30

violence or possession of a weapon by any person occurs on

- 28 -

 


1

school property. Law enforcement protocols shall be developed in

2

cooperation with local law enforcement and the Pennsylvania

3

State Police.] Each chief school administrator shall form an

4

advisory committee composed of relevant school staff, including,

5

but not limited to, principals, security personnel, school

6

resource officers, guidance counselors and special education

7

administrators, to assist in the development of a memorandum of

8

understanding pursuant to this section. In consultation with the

9

advisory committee, each chief school administrator shall enter

10

into a memorandum of understanding with police departments

11

having jurisdiction over school property of the school entity.

12

Each chief school administrator shall submit a copy of the

13

memorandum of understanding to the office by June 30, 2011, and

14

biennially update and re-execute a memorandum of understanding

15

with local law enforcement and file such memorandum with the

16

office on a biennial basis. The memorandum of understanding

17

shall be signed by the chief school administrator, the chief of

18

police of the police department with jurisdiction over the

19

relevant school property and principals of each school building

20

of the school entity. The memorandum of understanding shall

21

comply with the regulations promulgated by the State Board of

22

Education under section 1302.1-A and shall also include:

23

(1)  The procedure for police department review of the

24

semiannual report required under subsection (b) prior to the

25

chief school administrator filing the report required under

26

subsection (b) with the office.

27

(2)  A procedure for the resolution of school violence data

28

discrepancies in the report prior to filing the report required

29

under subsection (b) with the office.

30

(3)  Additional matters pertaining to crime prevention agreed

- 29 -

 


1

to between the chief school administrator and the police

2

department.

3

(d)  Pursuant to section 615 of the Individuals with

4

Disabilities Education Act (Public Law 91-230, 20 U.S.C. §

5

1415(k)(6)), nothing in section 1302.1-A or this section shall

6

be construed to prohibit a school entity from reporting a crime

7

committed by a child with a disability to appropriate

8

authorities or to prevent State law enforcement and judicial

9

authorities from exercising their responsibilities with regard

10

to the application of Federal and State law to crimes committed

11

by a child with a disability.

12

(e)  (1)  Notwithstanding any provision of law to the

13

contrary, the Department of Education may initiate disciplinary

14

action before the Professional Standards and Practices

15

Commission pursuant to the act of December 12, 1973 (P.L.397,

16

No.141), known as the "Professional Educator Discipline Act,"

17

against a chief school administrator or principal of a school

18

entity who intentionally fails to submit the report as required

19

under subsection (b) or enter into the memorandum of

20

understanding with the police department with jurisdiction over

21

the relevant school property, report an incident involving an

22

act of violence, possession of a weapon or an offense listed

23

under subsection (b)(4.1) that occurs on school property to a

24

police department or submit a copy of the memorandum of

25

understanding to the office as required under subsection (c) or

26

who intentionally falsifies a report submitted as required under

27

this section.

28

(2)  In addition to any other disciplinary actions set forth

29

in the "Professional Educator Discipline Act," a chief school

30

administrator or principal of a school entity who intentionally

- 30 -

 


1

fails to submit the report as required under subsection (b) or

2

enter into the memorandum of understanding with the police

3

department with jurisdiction over the relevant school property,

4

report an incident involving an act of violence, possession of a

5

weapon or an offense cited under subsection (b)(4.1) that occurs

6

on school property to a police department or submit a copy of

7

the memorandum of understanding to the office as required under

8

subsection (c) or who intentionally falsifies a report submitted

9

as required under this section shall be subject to prosecution

10

for violation of 18 Pa.C.S. § 4904 (relating to unsworn

11

falsification to authorities). The following civil penalties may

12

be imposed by the Professional Standards and Practices

13

Commission for violations of this article:

14

(i)  for a first violation, $2,500;

15

(ii)  for a second violation, $3,500; or

16

(iii)  for a third or subsequent violation, $5,000.

17

Any penalty imposed under this paragraph shall be paid to the

18

Department of Education and used for the support of the office.

19

Section 13.  Section 1414.1 of the act, added November 30,

20

2004 (P.L.1471, No.187), is amended to read:

21

Section 1414.1.  Possession and Use of Asthma Inhalers and

22

Epinephrine Auto-Injectors.--(a)  Each school entity shall

23

develop a written policy to allow for the possession and self-

24

administration by children of school age of [an] asthma

25

[inhaler] inhalers and epinephrine auto-injectors, and the

26

prescribed medication to be administered thereby, in a school

27

setting. The policy shall comply with section 504 of the

28

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

29

et seq.) and 22 Pa. Code Ch. 15 (relating to protected

30

handicapped students). The policy shall be distributed with the

- 31 -

 


1

code of student conduct required under 22 Pa. Code § 12.3(c)

2

(relating to school rules) and made available on the school

3

entity's publicly accessible Internet website, if any.

4

(b)  The policy under this section shall require a child of

5

school age that desires to possess and self-administer an asthma

6

inhaler or epinephrine auto-injector in a school setting to

7

demonstrate the capability for self-administration and for

8

responsible behavior in the use thereof and to notify the school

9

nurse immediately following each use of an asthma inhaler or

10

epinephrine auto-injector. The school entity shall develop a

11

system whereby the child may [verify] demonstrate competency to

12

the school nurse that the child is capable of self-

13

administration and has permission for carrying and taking the

14

medication through the use of the asthma inhaler or epinephrine

15

auto-injector. Determination of competency for self-

16

administration shall be based on age, cognitive function,

17

maturity and demonstration of responsible behavior. The school

18

entity shall also restrict the availability of the asthma

19

inhaler, the epinephrine auto-injector and the prescribed

20

medication contained therein from other children of school age[,

21

with immediate confiscation of both]. The policy shall specify

22

conditions under which a student may lose the privilege to self-

23

carry the asthma inhaler, the epinephrine auto-injector and the

24

medication [and loss of privileges] if the school policies are

25

abused or ignored. A school entity that prevents a student from

26

self-carrying an asthma inhaler or epinephrine auto-injector and

27

the prescribed medication shall ensure that they are

28

appropriately stored at locations in close proximity to the

29

student prohibited from self-carrying and notify the student's

30

classroom teachers of the places where the asthma inhaler or

- 32 -

 


1

epinephrine auto-injector and medication are to be stored and

2

means to access them.

3

(c)  The policy under this section may include the following:

4

(1)  The requirement of a written statement from the

5

physician, certified registered nurse practitioner or physician

6

assistant that provides the name of the drug, the dose, the

7

times when the medication is to be taken and the diagnosis or

8

reason the medicine is needed unless the reason should remain

9

confidential. The physician, certified registered nurse

10

practitioner or physician assistant shall indicate the potential

11

of any serious reaction that may occur to the medication, as

12

well as any necessary emergency response. The physician,

13

certified registered nurse practitioner or physician assistant

14

shall state whether the child is qualified and able to self-

15

administer the medication.

16

(2)  The requirement of a written request from the parent or

17

guardian that the school entity comply with the order of the

18

physician, certified registered nurse practitioner or physician

19

assistant. The parent's note shall include a statement relieving

20

the school entity or any school employe of any responsibility

21

for the benefits or consequences of the prescribed medication

22

when it is parent-authorized and acknowledging that the school

23

entity bears no responsibility for ensuring that the medication

24

is taken.

25

(3)  The ability of the school entity to reserve the right to

26

require a statement from the physician, certified registered

27

nurse practitioner or physician assistant for the continued use

28

of any medication beyond a specified time period. The school

29

entity shall also require updated prescriptions and parental

30

approvals on an annual basis from the pupil.

- 33 -

 


1

(d)  As used in this section, "school entity" means a school

2

district, intermediate unit, charter school or area vocational-

3

technical school.

4

(e)  Nothing in this section shall be construed to create,

5

establish or expand any civil liability on the part of any

6

school entity or school employe.

7

(f)  Within one hundred twenty (120) days of the effective

8

date of this subsection, the Department of Health in

9

coordination with the Department of Education shall provide

10

technical assistance and resources and publish information on

11

the Department of Health's publicly accessible Internet website

12

regarding the administration of medication for allergies by

13

persons employed by a school entity, including the following:

14

(1)  Proper use of epinephrine devices.

15

(2)  The importance of following the entity's student

16

services plan required under 22 Pa. Code § 12.41 (relating to

17

student services) and its responsibilities to comply with

18

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

19

and 22 Pa. Code Ch. 15.

20

(3)  Recognition of the symptoms of a severe allergic

21

reaction.

22

(4)  Requirements for proper access, storage and security of

23

student medications.

24

(5)  Notification of appropriate persons following

25

administration of medications.

26

(6)  Recordkeeping.

27

Section 14.  Section 1418(d) of the act, amended July 14,

28

1971 (P.L.229, No.47), is amended to read:

29

Section 1418.  Medical Examinations of Teachers and Other

30

Persons.--* * *

- 34 -

 


1

(d)  Medical examinations shall be made by the school

2

physician of the district if provision therefor is made by the

3

district or joint school board or by a physician, certified

4

registered nurse practitioner or physician assistant of the

5

employe's own choice [legally qualified to practice medicine and

6

surgery or osteopathy or osteopathic surgery in the] licensed or

7

certified in this Commonwealth.

8

Section 15.  Section 1422.1 of the act, added July 11, 2006

9

(P.L.1092, No.114), is amended to read:

10

Section 1422.1.  Local Wellness Policy.--(a)  Not later than

11

the first day of the school year beginning after June 30, 2006,

12

each local education agency shall, pursuant to section 204 of

13

the Child Nutrition and WIC Reauthorization Act of 2004 (Public

14

Law 108-265, 118 Stat. 729), establish a local wellness policy

15

for schools within the local education agency.

16

(b)  A local education agency to which 22 Pa. Code § 4.13

17

(relating to strategic plans) applies shall include the local

18

wellness policy as part of the strategic plan required under 22

19

Pa. Code § 4.13.

20

(c)  A local education agency may submit its local wellness

21

policy or information on other initiatives regarding child

22

health, nutrition, food allergy reaction management and physical

23

education to the Department of Education for inclusion in the

24

clearinghouse established under section 1422.3(3). An update to

25

the policy information may be done in concert with the scheduled

26

submission of the school district's strategic plan as required

27

under 22 Pa.Code § 4.13.

28

Section 16.  Section 1422.3 of the act, amended July 20, 2007

29

(P.L.278, No.45), is amended to read:

30

Section 1422.3.  Duties of Department of Education.--The

- 35 -

 


1

Department of Education shall, in order to promote initiatives

2

regarding child health, nutrition, food allergy management and

3

physical education:

4

(1)  To every extent possible, include programs related to

5

child health, nutrition, food allergy management and physical

6

education as part of the continuing professional education

7

courses, programs, activities or learning experiences required

8

under section 1205.2(f).

9

(2)  Collaborate with the Department of Health to apply for

10

Federal funds related to coordinated school health funding to

11

enhance initiatives regarding child health, nutrition, food

12

allergy management, physical education, local wellness policies

13

and advisory health councils.

14

(2.1)  Identify, notify and assist school districts with

15

applying for Federal and State funds related to child health,

16

nutrition and food allergy reaction management. The information

17

can be provided through the department's e-grant system.

18

(3)  Establish a clearinghouse of wellness policies and

19

information regarding child health, nutrition and physical

20

education submitted to the department by local education

21

agencies pursuant to section 1422.1(c). Such information shall

22

be made available on the department's Internet website.

23

(4)  To every extent possible, maintain information related

24

to teaching about nutrition, food allergy management and

25

obesity, which information shall include concepts of healthy

26

eating, including nutrient density and portion control, and the

27

physical, psychological and nutritional causes of obesity. Such

28

information shall be made available on the department's Internet

29

website.

30

(5)  Publish recommended nutritional guidelines for food and

- 36 -

 


1

beverages sold in schools on the department's Internet website

2

on or after the effective date of this clause.

3

(6)  In collaboration with the advisory health councils

4

created in section 1422, the department shall develop guidelines

5

for managing life-threatening food allergies in schools which

6

shall be published on the department's website. The guidelines

7

shall be published on the department's Internet website no later

8

than January 31, 2011. The guidelines shall assist school

9

districts in addressing the following:

10

(i)  The scope of the problem of childhood allergies and its

11

impact on school student health.

12

(ii)  Types of detailed policies and protocols to help

13

prevent allergic reaction emergencies and deaths from

14

anaphylaxis in schools.

15

(iii)  The systematic planning and multi-disciplinary team

16

approach needed prior to school entry by the student with life-

17

threatening food allergies.

18

(iv)  The school district staff's role and necessary training

19

in preventing exposure to specific allergens.

20

(v)  Responsibilities of the parent or guardian, school staff

21

and the student's primary care provider for notice, consent and

22

documentation of administration of medication to a school

23

student with a food allergy.

24

(vi)  Emergency response protocols should a life-threatening

25

allergic event occur.

26

(vii)  The roles of specific staff members in the care of the

27

student with a life-threatening allergic condition.

28

Section 17.  The act is amended by adding sections to read:

29

Section 1551.  Economic Education and Personal Financial

30

Literacy Programs.--(a)  The department shall have the power and

- 37 -

 


1

its duty shall be to:

2

(1)  Provide resource information on economics, economic

3

education and personal financial literacy to educators and

4

public and private schools and organizations.

5

(2)  Provide for the distribution, including through the

6

department's Internet website, to school entities or private,

7

nonpublic, elementary or secondary schools in this Commonwealth,

8

teacher curriculum materials and other available resources,

9

including economic education partnership programs, on economic

10

education and personal financial literacy, including the basic

11

principle involved with earning, spending, saving and investing

12

money. The materials shall align with and complement existing

13

State standards for Economics, Family and Consumer Science, and

14

Career Education and Work as set forth in 22 Pa. Code Ch. 4

15

(relating to academic standards and assessment).

16

(3)  Identify and recognize Commonwealth schools that

17

implement exemplary economic and economic education and personal

18

financial literacy curricula at each benchmark as set forth in

19

existing State standards for Economics, Family and Consumer

20

Science, and Career Education and Work as set forth in 22 Pa.

21

Code Ch. 4.

22

(4)  Maintain an inventory of economic education and personal

23

financial literacy materials, programs and resources available

24

in Commonwealth agencies.

25

(b)  In distributing materials and resources for use in

26

schools, the department shall consider those currently available

27

through international, national, Statewide and local economic,

28

banking trade and personal finance education organizations.

29

(c)  (1)  The department shall convene a task force on

30

economic education and personal financial literacy education

- 38 -

 


1

within ninety (90) days of the effective date of this section.

2

(2)  The task force shall consist of nine members appointed

3

by the secretary, in consultation with the Secretary of Banking,

4

representing school administrators, finance or economics

5

teachers, school boards, students, business leaders, faculty

6

from this Commonwealth's institutions of higher education having

7

a background in or knowledge of personal financial literacy and

8

other groups with expertise in financial literacy education. The

9

task force shall elect one (1) of its members to serve as

10

chairperson.

11

(3)  The task force shall:

12

(i)  Assess the trends and needs in economic education and

13

personal financial literacy.

14

(ii)  Consider the manner in which any funds are used to

15

support economic education and personal financial literacy

16

activities.

17

(iii)  Make recommendations to the Governor and the General

18

Assembly regarding legislative or regulatory changes to improve

19

economic education and personal financial literacy, pursuant to

20

the preparation and submittal of the report required by

21

subsection (d).

22

(d)  The secretary and the Secretary of Banking shall jointly

23

prepare and submit, in conjunction with the task force, a

24

biennial report to the Governor and the General Assembly on the

25

status of economic education and personal financial literacy

26

programs in this Commonwealth. In addition to the

27

recommendations made in accordance with subsection (c)(3)(iii),

28

the report shall outline economic education and personal

29

financial literacy programs and achievements, highlight new

30

initiatives and recommend future program needs.

- 39 -

 


1

(e)  The department may apply for any Federal, State or other

2

funding that may be available to carry out the provisions of

3

this section and may also use such unencumbered funds for grants

4

to school entities and other measures to encourage the

5

implementation of economic education and personal financial

6

literacy education programs.

7

(f)  The following words and phrases when used in this

8

section shall have the meanings given to them in this

9

subsection:

10

"Department."  The Department of Education of the

11

Commonwealth.

12

"Personal financial literacy."  The integration of various

13

factors relating to personal financial management, including

14

understanding financial institutions, using money, learning to

15

manage personal assets and liabilities, creating budgets and any

16

other factors that may assist an individual in this Commonwealth

17

to be financially responsible.

18

"School entity."  A public school district, charter school,

19

cyber charter school, intermediate unit or area vocational-

20

technical school.

21

"Secretary."  The Secretary of Education of the Commonwealth.

22

Section 1552.  State Standards for Business, Computer and

23

Information Technology Courses.--The Secretary of Education

24

shall establish State standards for business, computer and

25

information technology courses as provided in 22 Pa. Code § 4.32

26

(relating to standards and reports) no later than eighteen (18)

27

months after the effective date of this section.

28

Section 1553.  Dating Violence Education.

29

(a)  The department, through its Office for Safe Schools, and

30

in consultation with the State Board of Education, shall:

- 40 -

 


1

(1)  Develop, within six months of the effective date of this

2

section, a model dating violence policy to assist school

3

districts in developing policies for dating violence reporting

4

and response.

5

(2)  Consult with at least one domestic violence center and

6

at least one rape crisis center in developing the model dating

7

violence policy.

8

(b)  (1)  Each school district may establish a specific

9

policy to address incidents of dating violence involving

10

students at school.

11

(2)  The policy may include, but need not be limited to: a

12

statement that dating violence will not be tolerated; violence

13

reporting procedures; discipline procedures for students that

14

commit violence at school; and contact information for and

15

resources available through domestic violence programs and rape

16

crisis programs.

17

(3)  A school district that establishes the policy shall:

18

(i)  Publish the policy in any school district policy or

19

handbook that specifies the comprehensive rules, procedures and

20

standards of conduct for students at school.

21

(ii)  Make the policy available on its publicly available

22

Internet website.

23

(iii)  Provide parents and guardians with a copy of the

24

policy.

25

(4)  The State Board of Education shall conduct a study of

26

the benefits and detriments of mandatory dating violence

27

education and shall submit a report of its recommendations to

28

the chairman and minority chairman of the Education Committee of

29

the Senate and the chairman and minority chairman of the

30

Education Committee of the House of Representatives within three

- 41 -

 


1

(3) years of the effective date of this section.

2

(c)  (1)  A school district may provide dating violence

3

training to guidance counselors, nurses and mental health staff

4

at the high school level. Upon the recommendation of the

5

district superintendent, other staff may be included or may

6

attend the training on a voluntary basis. The school district

7

may also provide dating violence training to parents.

8

(2)  The dating violence training may include, but need not

9

be limited to: basic principles of dating violence; warning

10

signs of dating violence; the school district's dating violence

11

policy; appropriate responses to incidents of dating violence at

12

school, and services and resources available through domestic

13

violence programs and rape crisis programs.

14

(d)  (1)  A school district may incorporate dating violence

15

education that is age-appropriate into the annual health

16

curriculum framework for students in grades nine through twelve.

17

In developing such a policy, the school district shall consult

18

with at least one domestic violence program or rape crisis

19

program that serves the region where the school district is

20

located.

21

(2)  Dating violence education may include, but need not be

22

limited to: defining dating violence and recognizing dating

23

violence warning signs; characteristics of healthy

24

relationships; information regarding peer support and the role

25

friends and peers have in addressing dating violence; and

26

contact information for and the services and resources available

27

through domestic violence centers and rape crisis centers,

28

including detailed information concerning safety planning,

29

availability and enforcement of protection from abuse orders and

30

the availability of other services and assistance for students

- 42 -

 


1

and their families.

2

(3)  The department, through its Office for Safe Schools, in

3

consultation with at least one domestic violence center and at

4

least one rape crisis center, shall provide school districts

5

with grade-appropriate educational materials regarding dating

6

violence and healthy relationships for the purpose of assisting

7

school districts in preparing an instructional program on dating

8

violence. The department may use educational materials that are

9

already publicly available for this purpose.

10

(4)  A parent or legal guardian of a student who is under

11

eighteen (18) years of age, within a reasonable period of time

12

after the request is made, shall be permitted to examine the

13

dating violence education program instructional materials at the

14

school in which the student is enrolled.

15

(5)  At the request of a parent or guardian, a student shall

16

be excused from all or parts of the dating violence education

17

program. The principal shall notify all parents or guardians of

18

their ability to withdraw their children from instruction in the

19

program by returning a signed opt-out form.

20

(e)  Nothing in this section shall be construed as preventing

21

a person from seeking judicial relief from dating violence under

22

any other law or as establishing or modifying any civil

23

liability.

24

(f)  As used in this section, the following words and phrases

25

shall have the meanings given to them in this subsection:

26

"At school."  The term shall have the meaning given to school

27

property as defined in section 1301-A.

28

"Dating partner."  A person, regardless of gender, involved

29

in an intimate relationship with another person, primarily

30

characterized by the expectation of affectionate involvement,

- 43 -

 


1

whether casual, serious or long-term.

2

"Dating violence."  Behavior where one person uses threats

3

of, or actually uses, physical, sexual, verbal or emotional

4

abuse to control the person's dating partner.

5

"Department."  The Department of Education of the

6

Commonwealth.

7

"Domestic violence center."  The term shall have the meaning

8

given in section 2333 of the act of April 9, 1929 (P.L.177,

9

No.175), known as "The Administrative Code of 1929."

10

"Domestic violence program."  The term shall have the meaning

11

given in section 2333 of the act of April 9, 1929 (P.L.177,

12

No.175), known as "The Administrative Code of 1929."

13

"Rape crisis center."  The term shall have the meaning given

14

in section 2333 of the act of April 9, 1929 (P.L.177, No.175),

15

known as "The Administrative Code of 1929."

16

"Rape crisis program." The term shall have the meaning given

17

in section 2333 of the act of April 9, 1929 (P.L.177, No.175),

18

known as "The Administrative Code of 1929."

19

Section 18.  The act is amended by adding an article to read:

20

ARTICLE XV-F

21

SCIENCE TECHNOLOGY PARTNERSHIPS

22

Section 1501-F.  Definitions.

23

The following words and phrases when used in this article

24

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

25

context clearly indicates otherwise:

26

"Department."  The Department of Education of the

27

Commonwealth.

28

"Higher education institution."  Any public or private two-

29

year or four-year or higher postsecondary institution in this

30

Commonwealth that has been accredited at the college level by an

- 44 -

 


1

accrediting agency recognized by the United States Secretary of

2

Education.

3

"Nonpublic school."  A nonpublic kindergarten, elementary

4

school or secondary school at which a resident of this

5

Commonwealth may legally fulfill the compulsory school

6

attendance requirements of Article XIII and which meets the

7

requirements of Title VI of the Civil Rights Act of 1964 (Public

8

Law 88-352, 78 Stat. 241).

9

"Program."  The Science Technology Partnership Program

10

established in section 1502-F.

11

"Public school."  Any school owned or operated by a public

12

school district established under this act, including any school

13

established pursuant to Article XVII-A.

14

"School."  A public school or nonpublic school.

15

"Science technology partnership" or "partnership."  A science

16

technology partnership established under section 1503-F.

17

"Scientific or technical equipment."  Technical or electronic

18

equipment used in teaching science courses, including laboratory

19

equipment. The equipment may include equipment that is not

20

routinely used in the teaching of science but that is commonly

21

used in the workplace and the fields of health, environment,

22

scientific research, biology, chemistry, geology or other earth

23

sciences, physics or any other scientific field.

24

"Secretary."  The Secretary of Education of the Commonwealth.

25

Section 1502-F.  Science Technology Partnership Program.

26

(a)  Establishment.--The Science Technology Partnership

27

Program is hereby established. 

28

(b)  Administration.--To the extent funds are appropriated

29

for the purpose, the department shall administer a grant program

30

that awards grants to higher education institutions that are

- 45 -

 


1

members of the science technology partnerships.

2

(c)  Criteria for funding.--To implement the program, the

3

department shall request proposals from higher education

4

institutions that are members of science technology

5

partnerships. To receive a grant under subsection (d), a higher

6

education institution must meet all of the following criteria:

7

(1)  Have established a partnership consistent with the

8

requirements of section 1503-F and provided a copy of the

9

partnership agreement to the department.

10

(2)  Demonstrate how the partnership will make science

11

technology equipment available to students enrolled in

12

schools that are partnership members.

13

(3)  Demonstrate how the partnership will augment the

14

science curriculum of schools that are partnership members.

15

(4)  Demonstrate how the partnership will provide

16

additional professional development opportunities to

17

educators employed by schools or school districts that are

18

partnership members.

19

(5)  Have adopted a proposed budget describing the

20

scientific and technical equipment that will be purchased or

21

leased with grant funds.

22

(d)  Grant awards.--To the extent funds are appropriated for

23

the purpose, the department shall award grants to higher

24

education institutions that meet the criteria for funding under

25

subsection (c). Grants shall be used for the purchase or lease

26

of scientific or technical equipment and for the development of

27

programs of instruction for members of a partnership.

28

Section 1503-F.  Science technology partnerships.

29

(a)  Establishment.--To be eligible to participate in the

30

program, a higher education institution must form a partnership

- 46 -

 


1

with schools or school districts and may subcontract with a

2

nonprofit organization in order to implement the partnership

3

agreement under subsection (b). A partnership must include a

4

minimum of three public schools or school districts.

5

(b)  Partnership agreement.--The higher education institution

6

and the schools or school districts shall enter into a written

7

agreement that includes all of the following:

8

(1)  The responsibilities of the higher education

9

institution in providing services to each partnership member.

10

(2)  The responsibilities of the schools or school

11

districts in coordinating with the higher education

12

institution.

13

(3)  A description of the scientific or technical

14

equipment that will be provided to each partnership member.

15

(4)  A description of the program of instruction that

16

will be provided to each partnership member by the higher

17

education institution.

18

(5)  The courses of science instruction and grade levels

19

that will be augmented by scientific or technical equipment

20

through the partnership and how scientific or technical

21

equipment will be used to augment such courses of

22

instruction.

23

(6)  The manner in which access to scientific or

24

technical equipment will be provided to students and

25

teachers.

26

(7)  The professional development activities that will be

27

provided to science teachers employed by partnership members.

28

(c)  Forward to department.--To be eligible to participate in

29

the program, a partnership must forward a certified copy of its

30

partnership agreement to the department.

- 47 -

 


1

Section 1504-F.  Powers and duties of department.

2

The department shall promulgate rules, regulations and

3

procedures necessary to implement the program.

4

Section 1505-F.  Biennial report.

5

The secretary shall on a biennial basis submit a report on

6

the program to the Governor, the chairman and minority chairman

7

of the Education Committee of the Senate and the chairman and

8

minority chairman of the Education Committee of the House of

9

Representatives. The initial report shall be due on June 30,

10

2012, with reports due on June 30 of every even-numbered year

11

thereafter. The report shall include all of the following

12

information:

13

(1)  A description of the types of the partnerships

14

created.

15

(2)  The number of higher education institutions, schools

16

and school districts participating in the program as members

17

of the partnerships.

18

(3)  The number of students participating in the program.

19

(4)  The dollar amount of grants awarded to each higher

20

education institution and a summary of the institution's

21

expenditures on services related to the partnership.

22

(5)  An assessment of the impact of the program on the

23

scientific knowledge of students participating in the

24

program.

25

Section 19.  Section 1611 of the act is amended by adding a

26

subsection to read:

27

Section 1611.  Academic Degrees.--* * *

28

(d)  (1)  A board of school directors may establish a program

29

to be known as "Operation Recognition" which provides for

30

granting a high school diploma to any honorably discharged

- 48 -

 


1

veteran who served in the United States military in the Vietnam

2

War between the twenty-eighth day of February, one thousand nine

3

hundred sixty-one, and the seventh day of May, one thousand nine

4

hundred seventy-five, who attended high school between one

5

thousand nine hundred fifty-eight and one thousand nine hundred

6

seventy-five and who would have been a member of a graduation

7

class during the years one thousand nine hundred sixty-one

8

through one thousand nine hundred seventy-five but did not

9

graduate from high school due to entry into military service.

10

(2)  A board of school directors may award a diploma

11

posthumously to an eligible veteran.

12

(3)  An application for a diploma under this subsection must

13

be made in the manner prescribed by the board of school

14

directors.

15

Section 20.  Section 1722-A of the act, amended or added June

16

19, 1997 (P.L.225, No.22) and July 9, 2008 (P.L.846, No.61) and

17

repealed in part July 4, 2004 (P.L.536, No.70), is amended to

18

read:

19

Section 1722-A.  Facilities.--(a)  A charter school may be

20

located in an existing public school building, in a part of an

21

existing public school building, in space provided on a

22

privately owned site, in a public building or in any other

23

suitable location.

24

(b)  The charter school facility shall be exempt from public

25

school facility regulations except those pertaining to the

26

health or safety of the pupils.

27

(d)  Notwithstanding any other provision of this act, a

28

school district of the first class may, in its discretion,

29

permit a charter school to operate its school at more than one

30

location.

- 49 -

 


1

(e)  (1)  Notwithstanding the provisions of section 204 of

2

the act of May 22, 1933 (P.L.853, No.155), known as The General

3

County Assessment Law, all school property, real and personal,

4

owned by any charter school, cyber charter school or an

5

associated nonprofit foundation, or owned by a nonprofit

6

corporation or nonprofit foundation and leased to a charter

7

school, cyber charter school or associated nonprofit foundation

8

at or below fair market value, that is occupied and used by any

9

charter school or cyber charter school for public school,

10

recreation or any other purposes provided for by this act, shall

11

be made exempt from every kind of State, county, city, borough,

12

township or other real estate tax, including payments in lieu of

<--

13

taxes established through agreement with the Commonwealth or any

14

local taxing authority, as well as from all costs or expenses

15

for paving, curbing, sidewalks, sewers or other municipal

16

improvements: Provided, That any charter school or cyber charter

17

school or owner of property leased to a charter school or cyber

18

charter school may make a municipal improvement in a street on

19

which its school property abuts or may contribute a sum toward

20

the cost of the improvement.

21

(2)  Any agreement entered into by a charter school, cyber

22

charter school or associated nonprofit foundation with the

23

Commonwealth or a local taxing authority for payments in lieu of

24

taxes prior to December 31, 2009, shall be null and void.

25

(3)  This subsection shall apply retroactively to all charter

26

schools, cyber charter schools and associated nonprofit

27

foundations that filed an appeal from an assessment, as provided

28

in Article V of The General County Assessment Law, prior to the

29

effective date of this subsection.

30

(4)  For purposes of this subsection, "local taxing

- 50 -

 


1

authority" shall include, but not be limited to, a county, city,

2

borough, incorporated town, township or school district.

3

Section 21.  The act is amended by adding articles to read:

4

ARTICLE XX-E

5

OLDER PENNSYLVANIAN HIGHER EDUCATION PROGRAM

6

Section 2001-E.  Definitions.

7

The following words and phrases when used in this article

8

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

9

context clearly indicates otherwise:

10

"AAA."  An area agency on aging which acts as the local

11

representative of the Department of Aging.

12

"Institution of higher education."  Any of the following:

13

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

14

this act.

15

(2)  A university within the State System of Higher

16

Education under Article XX-A.

17

(3)  A State-related institution as defined in section

18

1502-A.

19

(4)  Thaddeus Stevens College of Technology.

20

(5)  Any accredited private or independent college or

21

university.

22

"Older adult."  A resident of this Commonwealth who is 60

23

years of age or older and has been a resident of this

24

Commonwealth for at least 90 days.

25

"Program."  An Older Pennsylvanian Higher Education Program

26

established under section 2002-E.

27

Section 2002-E.  Program guidelines.

28

(a)  General rule.--An institution of higher education may,

29

at its option, develop a program to permit older adults to

30

enroll in higher education courses at no charge for tuition.  

- 51 -

 


1

For purposes of this article, tuition shall not include any

2

additional fees or surcharges that are required for enrollment

3

in a particular course or in addition to the traditional student

4

tuition.

5

(b)  Guidelines.--Each institution of higher education that

6

develops a program shall promulgate specific guidelines

7

regarding procedures and administration of the program,

8

including, but not limited to, the following:

9

(1)  Admitting participating older adults.

10

(2)  Determining the availability of higher education

11

courses.

12

(3)  Determining if the program will be for credit,

13

noncredit, certification, degree or enrichment.

14

(4)  Disseminating to the local AAA a complete program

15

description and technical assistance that explains the

16

process of admission and enrollment in higher education

17

courses offered by the higher education institution.

18

(5)  Coordinating with the local AAA to publicize and

19

advertise the program.

20

(6)  Outlining course rules and responsibilities for

21

participating older adults.

22

ARTICLE XX-F

23

COURSE MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION

24

Section 2001-F.  Scope.

25

This article relates to college textbook affordability,

26

accountability and accessibility.

27

Section 2002-F.  Definitions.

28

The following words and phrases when used in this article

29

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

30

context clearly indicates otherwise:

- 52 -

 


1

"Advisory committee."  The College Textbook Policies Advisory

2

Committee established under this article.

3

"Bundle."  One or more college textbooks or other

4

supplemental materials that may be packaged together to be sold

5

as course materials for one price.

6

"Campus."  The grounds and buildings of an institution of

7

higher education that are designated as such by the institution

8

of higher education.

9

"Campus bookstore."  The bookstore on the campus of, or

10

otherwise associated with, an institution of higher education.

11

"College textbook."  A textbook or set of textbooks used for,

12

or in conjunction with, a course in postsecondary education at

13

an institution of higher education.

14

"Custom textbook."  A college textbook that is compiled by a

15

publisher at the direction of a faculty member or other person

16

or adopting entity in charge of selecting course materials at an

17

institution of higher education and may include, alone or in

18

combination, items, such as selections from original instructor

19

materials, previously copyrighted publisher materials or

20

copyrighted third-party works. This term does not include purely

21

aesthetic changes to a textbook when compared with a prior

22

edition, such as a commemorative edition.

23

"Institution of higher education" or "institution."  Any of

24

the 14 State-owned universities that are part of the

25

Pennsylvania State System of Higher Education, including the

26

four State-related universities. The term also includes

27

community colleges that are members of the Pennsylvania

28

Commission for Community Colleges and independent or private

29

colleges or universities that receive an assistance grant under

30

the act of July 18, 1974 (P.L.483, No.174), known as The

- 53 -

 


1

Institutional Assistance Grants Act.

2

"Integrated textbook."  A college textbook that is combined

3

with:

4

(1)  supplemental materials developed by a third party

5

and that, by third-party contractual agreement, may not be

6

offered by publishers separately from the college textbook;

7

or

8

(2)  supplemental materials that are so interrelated with

9

the content of the college textbook that the separation of

10

the college textbook from the supplemental materials would

11

render the college textbook unusable for its intended

12

purpose.

13

"ISBN."  International Standard Book Number.

14

"Publisher."  An entity that publishes college textbooks or

15

supplemental materials and markets college textbooks or

16

supplemental materials to faculty members at institutions of

17

higher education. The term does not include a wholesaler.

18

"Substantial content."  Parts of a college textbook, such as

19

new chapters, additional eras of time, new themes or new subject

20

matter.

21

"Supplemental material."  Educational material developed to

22

accompany a college textbook, which may include printed

23

materials, computer disks, Internet website access and

24

electronically distributed materials, and that is not being used

25

as a component of an integrated textbook.

26

Section 2003-F.  Publisher requirements.

27

(a)  Pricing information disclosure.--When a publisher

28

provides a faculty member or entity in charge of selecting

29

course materials at an institution of higher education with

30

information regarding a college textbook or supplemental

- 54 -

 


1

material, the publisher shall include, in writing or

2

electronically, the following:

3

(1)  The price at which the publisher would make the

4

college textbook or supplemental material available to the

5

campus bookstore of the institution of higher education.

6

(2)  The copyright dates of the three previous editions

7

of the college textbook or supplemental material, if any.

8

(3)  The substantial content revisions made between the

9

current edition of the college textbook or supplemental

10

material and the previous edition, if any.

11

(4)  Whether the college textbook or supplemental

12

material is available in any other format, including

13

paperback and unbound, and the price at which the publisher

14

would make the college textbook or supplemental material in

15

the other format available to the campus bookstore of such

16

institution of higher education.

17

(b)  Unbundling of college textbooks from supplemental

18

materials.--

19

(1)  (i)  A publisher that sells a college textbook and

20

any supplemental material accompanying the college

21

textbook as a bundle shall also make available the

22

college textbook and each supplemental material as

23

separate and unbundled items, each separately priced.

24

(ii)  This paragraph shall not apply to an integrated

25

textbook.

26

(2)  A publisher is not required to make available

27

supplemental items developed by a third party and that, by

28

third-party contractual agreement, may not be offered by the

29

publisher separately from the college textbook.

30

(c)  Custom textbooks.--When a faculty member or entity in

- 55 -

 


1

charge of selecting course materials at an institution of higher

2

education directs a publisher to compile a custom textbook, the

3

publisher shall provide, in writing or electronically, prior to

4

accepting an order for the custom textbook, the price at which

5

the publishers would make the custom textbook available to the

6

campus bookstore.

7

Section 2004-F.  Faculty members and academic departments.

8

(a)  General duties of faculty members.--A faculty member or

9

entity in charge of selecting college textbooks, supplemental

10

materials or bundled textbook packages for an institution of

11

higher education shall:

12

(1)  Consider the least costly practices in assigning

13

college textbooks, consistent with educationally sound

14

practices as determined by the appropriate faculty or entity.

15

(2)  Consider the use of college textbooks, supplemental

16

materials and bundled textbook packages for a longer period

17

of time, to the extent they are not outdated.

18

(3)  Work with bookstores to review timeliness and the

19

processes involved in ordering and stocking selected course

20

materials, disclose college textbook costs to students and

21

actively promote and publicize book buyback programs.

22

(4)  Provide a statement to the entity designated by the

23

president or chancellor of the institution to disseminate the

24

information required under section 2005-F(a) detailing

25

college textbooks or supplemental materials, whether bundled

26

or unbundled, that are required or recommended for the

27

course. Where possible, the statement shall indicate if an

28

earlier edition may be effective for use by a student.

29

(5)  Encourage participation in college textbook rental

30

programs that exist or may exist in the future.

- 56 -

 


1

(b)  Prohibited conduct by faculty and academic

2

departments.--

3

(1)  No faculty member or academic department may demand

4

or receive any payment, loan, subscription, advance, deposit

5

of money, services or any thing, present or promised, as an

6

inducement for requiring students to purchase a specific

7

college textbook required for coursework or instruction.

8

(2)  Notwithstanding the provisions of paragraph (1), a

9

faculty member or academic department may receive:

10

(i)  Sample copies, instructor's copies or

11

instructional material.

12

(ii)  Royalties or other compensation from the sale

13

of college textbooks that include the writing or work of

14

the particular faculty member or academic department.

15

(3)  A violation of this subsection may result in the

16

institution taking disciplinary action, subject to any

17

contractual requirements, against the faculty member or

18

academic department, including, where appropriate, referral

19

to law enforcement.

20

(c)  Construction.--Nothing in this section shall be

21

construed:

22

(1)  To prohibit a faculty member or academic department

23

from requiring the most recent edition of a college textbook.

24

(2)  To supersede the institutional autonomy or academic

25

freedom of instructors, faculty members or academic

26

departments involved in the selection of college textbooks,

27

supplemental materials and other classroom materials.

28

Section 2005-F.  Responsibilities of institutions of higher

29

education.

30

(a)  General rule.--Except as otherwise provided in this

- 57 -

 


1

section, each institution, to the maximum extent practicable,

2

shall make available, at student registration and throughout the

3

year on its Internet website and upon written request, a listing

4

of all college textbooks and supplemental materials, including

5

the ISBN, required and recommended for courses to be offered

6

during the upcoming term, provided that:

7

(1)  If the ISBN is not available, the institution shall

8

include the author, title, edition, publisher and copyright

9

date for the college textbook or supplemental material.

10

(2)  If the institution determines that the disclosure of

11

the information relating to a college textbook or

12

supplemental material is not practicable, then the

13

institution shall so indicate by placing the designation "To

14

Be Determined" in lieu of the information required in

15

paragraph (1). As this information becomes available, it

16

shall be posted on the institution's Internet website and

17

provided as soon as possible to students and those who have

18

previously requested such information.

19

(b)  Publication.--The institution shall provide the

20

information required under subsections (a) and (d) to existing

21

and accepted incoming students by posting the information on the

22

institution's Internet website used for course scheduling,

23

preregistration and registration. The institution shall inform,

24

in writing, students and all others who make a written request

25

for such information of the availability of the information. The

26

posting of this information on the Internet website of the

27

campus bookstore shall satisfy the provisions of this section,

28

provided that the information is freely available to students

29

and the general public.

30

(c)  Information to bookstore.--An institution of higher

- 58 -

 


1

education shall make available to a bookstore that is operated

2

by, or in a contractual relationship or otherwise affiliated

3

with, the institution and shall also make available to off-

4

campus bookstores upon request, as soon as practicable after the

5

request of the bookstore, the most accurate information

6

available relating to:

7

(1)  The institution's course schedule for the subsequent

8

academic period.

9

(2)  For each course or class offered by the institution

10

for the subsequent academic period:

11

(i)  The information required by subsection (a) for

12

each college textbook or supplemental material required

13

or recommended for the course or class.

14

(ii)  The number of students enrolled in such course

15

or class.

16

(iii)  The maximum student enrollment for such course

17

or class.

18

(d)  Dissemination of other information to students.--An

19

institution of higher education is encouraged to disseminate to

20

students information relating to:

21

(1)  Available guaranteed programs for renting college

22

textbooks or for purchasing used college textbooks.

23

(2)  Available college textbook buyback programs.

24

(3)  Available alternative content delivery programs,

25

including digital textbooks.

26

(4)  Other available cost-saving strategies for acquiring

27

college textbooks and supplemental materials.

28

(5)  Campus and off-campus bookstore information, to the

29

extent available, including location, hours and Internet

30

website information.

- 59 -

 


1

(e)  Provision of information to students.--An institution of

2

higher education is encouraged to provide all current and

3

accepted students the information set forth in subsection (d) as

4

it relates to the campus bookstore with which it has a

5

contractual relationship.

6

(f)  Construction.--Nothing in this section shall be

7

construed to prohibit or restrict the ability of a bookstore

8

from also providing textbook information to students.

9

Section 2006-F.  College textbook rental program.

10

(a)  General rule.--An institution of higher education may,

11

with the approval of the administration, authorize the

12

establishment of a college textbook rental program for the

13

students of any campus. Programs may receive and use Federal,

14

State and private funding to aid in the establishment of such

15

programs.

16

(b)  Task force.--The administrators of a campus with a

17

college textbook rental program may convene a task force to

18

determine recommended policies and procedures to establish and

19

operate a college textbook rental program. The task force must

20

include students, faculty, administrators and bookstore

21

managers.

22

(c)  Textbook selection.--The program may not limit the

23

rights of faculty to select appropriate textbooks in accordance

24

with established policies and procedures.

25

(d)  Powers of campuses with college textbook rental

26

programs.--The administrators of a campus with a college

27

textbook rental program may:

28

(1)  Establish policies for the program, including, but

29

not limited to, implementing practices to achieve the best

30

possible purchase price for college textbooks and for the

- 60 -

 


1

provision of rental services. The policies shall be developed

2

with the input of faculty, students and bookstores.

3

(2)  Institute other procedures necessary to establish

4

and operate the program in accordance with the provisions of

5

this article.

6

(3)  Charge students a fine for any late, lost or damaged

7

books, as determined by the program, provided that students

8

may not be charged a fine for normal textbook wear and tear.

9

(4)  Students shall not be required to participate in a

10

college textbook rental program.

11

(e)  Construction.--Nothing in this section shall be

12

construed to:

13

(1)  change or limit any existing textbook rental program

14

or program in existence at an institution of higher education

15

prior to the effective date of this section; or

16

(2)  restrict an institution of higher education from

17

establishing or piloting other textbook rental models or

18

programs as deemed appropriate by the institution of higher

19

education.

20

Section 2007-F.  Electronic versions of college textbooks.

21

(a)  General rule.--No later than January 1, 2020, an

22

individual, firm, partnership or corporation that publishes

23

college textbooks offered for sale at institutions of higher

24

education shall, to the extent practicable, make the college

25

textbooks available, in whole or in part, for sale in an

26

electronic format when commercially reasonable.

27

(b)  Construction.--Nothing in this section shall be

28

construed to authorize any use of instructional materials that

29

would constitute an infringement of copyright under Federal law.

30

(c)  Definition.--For purposes of this section, "college

- 61 -

 


1

textbook" means a book, not including a novel, that contains

2

printed material and is intended for use as a source of study

3

material for a class or group of students, a copy of which is

4

expected to be available for the use of each of the students in

5

that class or group.

6

Section 2008-F.  College textbook adoption policies.

7

(a)  General rule.--An institution of higher education may

8

implement policies, procedures and guidelines that promote

9

efforts to minimize the cost of college textbooks for students

10

at the institution while maintaining the quality of education

11

and academic freedom. The policies, procedures and guidelines

12

shall ensure that:

13

(1)  The adoption of a college textbook by a faculty

14

member is made with sufficient lead time so as to confirm

15

availability of the requested materials and, where possible,

16

ensure maximum availability of used college textbooks.

17

(2)  (i)  During the college textbook adoption process,

18

the intent to use all items ordered, particularly each

19

individual item sold as part of a bundled package, is

20

affirmatively confirmed before the adoption is finalized

21

by the faculty member.

22

(ii)  If the faculty member does not intend to use

23

each item in a bundled package, the faculty member shall

24

notify the bookstore, and the bookstore shall order the

25

individualized items if:

26

(A)  Procurement of the individualized items is

27

cost effective for both the institution and the

28

students.

29

(B)  The individualized items are made available

30

by the publisher.

- 62 -

 


1

(3)  Faculty members affirmatively acknowledge the quoted

2

retail price to the bookstore of any college textbook

3

selected for use in each course.

4

(4)  Faculty members shall give due consideration to both

5

the educational value and cost of new edition college

6

textbooks and any supplemental materials when previous

7

editions do not significantly differ in a substantive way, as

8

determined by the appropriate faculty member.

9

(5)  Required or assigned college textbooks are made

10

available to students who are otherwise unable to afford the

11

cost.

12

(6)  Decisions regarding textbook adoption are made in a

13

timely manner to ensure a bookstore's ability to have

14

textbooks available for the first day of class.

15

Section 2009-F.  College Textbook Policies Advisory Committee.

16

(a)  Establishment.--A standing committee of the State Board

17

of Education to be known as the College Textbook Policies

18

Advisory Committee is established. The Department of Education

19

shall provide staff support for the advisory committee.

20

(b)  Membership.--The advisory committee shall be comprised

21

of:

22

(1)  The Deputy Secretary for Higher Education of the

23

Department of Education or a designee.

24

(2)  The chairman of the State Board of Education Higher

25

Education Council or a designee.

26

(3)  One faculty member representing the State System of

27

Higher Education as recommended by the Chancellor of the

28

State System of Higher Education.

29

(4)  One faculty member representing each of the State-

30

related institutions as recommended by the chancellors of the

- 63 -

 


1

State-related institutions.

2

(5)  One faculty member representing community colleges

3

as recommended by the Commission for Community Colleges.

4

(6)  One faculty member representing private and

5

independent colleges and universities as recommended by the

6

Association of Independent Colleges and Universities of

7

Pennsylvania.

8

(7)  The chairman and minority chairman of the Education

9

Committee of the Senate and the chairman and minority

10

chairman of the House of Representatives or their designees.

11

(8)  Nine members appointed by the chairman of the State

12

Board of Education as follows:

13

(i)  Three members representing college bookstores

14

with one representing campus bookstores, one representing

15

off-campus bookstores and one representing online

16

bookstores that focus primarily on the sale of college

17

textbooks.

18

(ii)  Two members representing textbook publishers.

19

(iii)  Four student members representing college

20

students, of whom one must attend a State System of

21

Higher Education institution, one must attend a

22

State-related institution, one must attend a community

23

college and one must attend an independent or private

24

college or university within this Commonwealth. The

25

student members shall be appointed, respectively, by the

26

chairman from a list of students recommended by the

27

Chancellor of the State System of Higher Education, the

28

chancellors of the State-related institutions, the

29

Commission for Community Colleges or the Association of

30

Independent Colleges and Universities of Pennsylvania.

- 64 -

 


1

(9)  One member possessing a background in information

2

technology-electronic media appointed by the chairman of the

3

State Board of Education.

4

(c)  Recommendations.--The advisory committee shall examine

5

national and international efforts relating to college textbook

6

affordability and accessibility and make recommendations that:

7

(1)  Ensure that students have access to affordable

8

course materials by decreasing costs to students and

9

enhancing transparency and disclosure with respect to the

10

selection, purchase, sale and use of course materials.

11

(2)  Identify ways to decrease the cost of college

12

textbooks and supplemental materials for students while

13

supporting the academic freedom of faculty members to select

14

high quality course materials for students.

15

(3)  Encourage college textbook publishers and

16

distributors to work with faculty to promote understanding of

17

the cost to students of purchasing faculty-selected college

18

textbooks, including the disclosure of prices and bundling

19

practices.

20

(4)  Encourage innovation in the development and use of

21

course materials, including open-source college textbooks and

22

other open-source educational resources, that can help

23

students receive the full value of their educational

24

investment without excessive cost.

25

(5)  Ensure that faculty members are informed of accurate

26

and relevant pricing information for course materials and

27

that students are protected as a consumer group.

28

(6)  Make recommendations to the General Assembly and the

29

State Board of Education to strengthen existing State laws

30

and regulations and to propose any additional and necessary

- 65 -

 


1

State laws and regulations.

2

(d)  First meeting.--The advisory committee shall hold its

3

first meeting within 60 days of the effective date of this

4

section. The advisory committee shall meet at least once

5

quarterly. Members of the advisory committee shall serve without

6

compensation. The deputy secretary for Higher Education of the

7

Department of Education shall serve as committee chair.

8

(e)  Report.--No later than 18 months after the effective

9

date of this section, the advisory committee shall make a report

10

to the State Board of Education that outlines its findings and

11

recommendations. The report shall also be delivered to the

12

Governor's Office, members of the Education Committee of the

13

Senate and members of the Education Committee of the House of

14

Representatives. The report shall be updated every three years

15

and may also be posted on the Department of Education's Internet

16

website.

17

ARTICLE XX-G

18

SEXUAL VIOLENCE EDUCATION AT

19

INSTITUTIONS OF HIGHER EDUCATION

20

Section 2001-G.  Scope.

21

This article relates to college and university sexual

22

violence education.

23

Section 2002-G.  Definitions.

24

The following words and phrases when used in this article

25

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

26

context clearly indicates otherwise:

27

"Department."  The Department of Education of the

28

Commonwealth.

29

"Education program."  A sexual violence education program

30

under this article.

- 66 -

 


1

"Independent institution of higher education."  As defined in

2

the act of November 29, 2004 (P.L.1383, No.180), known as the

3

Uniform Crime Reporting Act.

4

"Institution of higher education."  An independent

5

institution of higher education, a community college, a State-

6

related institution or a member institution of the State System

7

of Higher Education.

8

"Matriculating."  Enrolling in an institution of higher

9

education or private licensed school.

10

"Private licensed school."  As defined in the act of December

11

15, 1986 (P.L.1585, No.174), known as the Private Licensed

12

Schools Act.

13

"Sexual violence."  An act of sexual violence as defined in

14

42 Pa.C.S. § 6402 (relating to definitions).

15

"Student."  A person who is enrolled on a full-time basis at

16

an institution of higher education or private licensed school.

17

Section 2003-G.  Education program.

18

(a)  General rule.--Institutions of higher education and

19

private licensed schools shall establish a sexual violence

20

awareness educational program. Institutions of higher education

21

and private licensed schools may collaborate with a Statewide

22

nonprofit organization, local rape crisis center or local sexual

23

assault program that arranges for the provision of services to

24

sexual violence and rape victims in the development of a sexual

25

violence awareness education program. Each education program

26

shall provide the following:

27

(1)  A discussion of sexual violence.

28

(2)  A discussion of consent, including an explanation

29

that the victim is not at fault.

30

(3)  A discussion of drug and alcohol-facilitated sexual

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1

violence.

2

(4)  Information relating to risk education and personal

3

protection.

4

(5)  Information on where and how to get assistance,

5

including the importance of medical treatment and evidence

6

collection, and how to report sexual violence to campus

7

authorities and local law enforcement.

8

(6)  The possibility of pregnancy and transmission of

9

sexual diseases.

10

(7)  Introduction of members of the educational community

11

from:

12

(i)  Campus police or security and local law

13

enforcement.

14

(ii)  Campus health center, women's center and rape

15

crisis center.

16

(iii)  Campus counseling service or any service

17

responsible for psychological counseling and student

18

affairs.

19

(8)  A promise of discretion and dignity.

20

(9)  A promise of confidentiality for victims of sexual

21

assault.

22

(b)  Student bill of rights.--Consistent with the campus

23

sexual assault victims' bill of rights under section 485(f)(8)

24

of the Higher Education Act of 1965 (Public Law 89-329, 20

25

U.S.C. § 1092(f)(8)), a student bill of rights shall be made

26

available to students.

27

Section 2004-G.  Follow-up.

28

An institution of higher education and private licensed

29

school shall conduct a follow-up program for the duration of the

30

school year for new students. The program may consist of the

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1

following:

2

(1)  Lecturers relating to sexual violence prevention and

3

awareness.

4

(2)  Institutional activities relating to sexual violence

5

prevention and awareness.

6

(3)  Videos and other educational materials relating to

7

sexual violence prevention and awareness.

8

Section 2005-G.  Duties of department.

9

The department shall:

10

(1)  Ensure compliance with this article.

11

(2)  Solicit the cooperation of other agencies,

12

institutions and organizations, both public and private, in

13

carrying out the provisions of this article.

14

(3)  Otherwise administer the provisions of this article.

15

Section 2006-G.  Report.

16

An institution of higher education and a private licensed

17

school shall report to the department on the implementation of

18

the education program by the institution or school.

19

Section 22.  Section 2552.1(a) of the act, added July 13,

20

2005 (P.L.226, No.46), is amended and the section is amended by

21

adding a subsection to read:

22

Section 2552.1.  Effect of Failure to File Reports.--(a)  The

23

Department of Education shall order the forfeiture of three

24

hundred dollars ($300) per day by a school district, charter

25

school, cyber charter school, area vocational-technical school

26

or intermediate unit that does not submit its [annual financial

27

report and] annual budget to the Department of Education within

28

thirty (30) days of the submittal date established by the

29

Department of Education. The forfeiture shall continue until a

30

report and annual budget that meet established criteria are

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1

submitted. The Department of Education shall deduct the amount

2

of the forfeiture from any and all State payments made to the

3

school district, charter school, cyber charter school, area

4

vocational-technical school or intermediate unit.

5

(a.1)  (1)  The Department of Education shall order the

6

following forfeitures against a school district, charter school,

7

cyber charter school, area vocational-technical school or

8

intermediate unit that does not submit its annual financial

9

report to the Department of Education within thirty (30) days of

10

the submittal date established under sections 218 and 921-A:

11

(i)  Three hundred dollars ($300) per day for the first

12

violation.

13

(ii)  Five hundred dollars ($500) per day for the second or

14

subsequent violation.

15

(2)  The forfeiture shall continue until a report that meets

16

established criteria is submitted. The Department of Education

17

shall deduct the amount of the forfeiture from any and all State

18

payments made to the school district, charter school, cyber

19

charter school, area vocational-technical school or intermediate

20

unit.

21

* * *

22

Section 23.  The General Assembly finds and declares, in the

23

enactment of section 1553 of the act, the following:

24

(1)  Criminal acts committed against teenagers by other

25

young persons are a serious problem in this Commonwealth.

26

(2)  Many of the criminal acts take the form of dating

27

violence.

28

(3)  On August 15, 2007, Demi Brae Cuccia, a 16-year-old

29

student at Gateway High School in Monroeville, Allegheny

30

County, was fatally stabbed 16 times by her former boyfriend,

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1

who then made an unsuccessful attempt to take his own life.

2

(4)  The 18-year-old person arrested for the brutal

3

attack was convicted of first degree murder and was sentenced

4

to life in prison without parole.

5

(5)  In order to educate teens and their parents

6

regarding teen dating violence, the family of Demi Brae

7

Cuccia has established the Demi Brae Awareness Organization.

8

(6)  Students in our secondary schools should be educated

9

about the dangers of teen dating violence so that other

10

teenagers will not have to share the same fate as Demi Brae

11

Cuccia.

12

Section 24.  Any regulations of the Department of Education

13

that are inconsistent with this act are hereby abrogated to the

14

extent of the inconsistency.

15

Section 25.  This act shall take effect as follows:

16

(1)  The amendment or addition of sections 1301-A, 1302-

17

A, 1302.1-A, 1303-A and 1414.1 of the act shall take effect

18

in 90 days.

19

(2)  The amendment or addition of sections 218, 221, 222,

20

and 921-A, Article XI-B, sections 1209, 1302, 1418(d), 1551

21

and 1552, Articles XV-F, XX-E and XX-F and section

22

2552.1(a.1) of the act shall take effect immediately.

23

(3)  The addition of Article XX-G of the act shall take

24

effect in 120 days.

25

(4)  This section shall take effect immediately.

26

(5)  The remainder of this act shall take effect in 60

27

days.

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