SENATE AMENDED

 

PRIOR PRINTER'S NOS. 1581, 1712

PRINTER'S NO.  2227

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1352

Session of

2011

  

  

INTRODUCED BY STEPHENS, CREIGHTON, DELOZIER, GRELL, HARPER, KAMPF, MARSICO, MICCARELLI, MURT, O'NEILL, QUIGLEY, SHAPIRO, TOEPEL, VEREB AND CALTAGIRONE, APRIL 20, 2011

  

  

SENATOR PICCOLA, EDUCATION, IN SENATE, RE-REPORTED AS AMENDED, JUNE 27, 2011   

  

  

  

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," in preliminary provisions, further

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6

providing for background checks of prospective employees and

7

conviction of employees of certain offenses; providing for

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8

collection of identifying information of students attending

9

institutions of higher education, for moratorium on certain

10

data collection systems and data sets and for certified

11

safety committees; in school finances, providing for

12

reopening of 2011-2012 budget; in grounds and buildings,

13

providing for acquisition of buildings, sites for school

14

buildings and playgrounds and disposing thereof; further

15

providing for approval by department of plans of buildings

16

and exceptions and for approval of lease agreements; in

17

intermediate units, further providing for subsidies for

18

services and for financial reports; in district and assistant

19

superintendents, further providing for purpose and for

20

eligibility; in professional employees, providing for

21

professional and temporary professional employees of schools

22

formerly operated by the Commonwealth; in certification of

23

teachers, further providing for certificates qualifying

24

persons to teach, for kinds of State certificates, for

25

continuing professional development, for program of

26

continuing professional education, for continuing

27

professional education for school or system leaders and for

28

certificates issued by other states; providing for

29

postbaccalaureate certification; in pupils and attendance,

30

further providing for admission of beginners, for cost of

31

tuition and maintenance of certain exceptional children in

 


1

approved institutions; in safe schools, further providing for

2

reporting, for safe schools advocate in school districts of

3

the first class, for standing and for enforcement; in

4

interscholastic athletics accountability, further providing

5

for council recommendations and standards; in opportunities

6

for educational excellence, further providing for

7

definitions, for responsibilities of school entities, for

8

concurrent enrollment committees, for concurrent enrollment

9

agreements and for enrollment in concurrent courses; in

10

charter schools, further providing for school staff; in

11

community colleges, further providing for financial program

12

and reimbursement of payments; in transfers of credits

13

between institutions of higher education, further providing

14

for duties of public institutions of higher education;

15

providing for participation by State-related institutions; in

16

funding for public libraries, providing for State aid for

17

2011-2012; in reimbursements by Commonwealth and between

18

school districts, further providing for definitions, for

19

basic education funding for student achievement and for

20

accountability to Commonwealth taxpayers; providing for basic

21

education funding for 2010-2011 school year; and further

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providing for payments to intermediate units, for special

23

education payments to school districts, for payments on

24

account of homebound children, for payments on account of

25

pupil transportation and for Pennsylvania Accountability

26

Grants.

27

The General Assembly of the Commonwealth of Pennsylvania

28

hereby enacts as follows:

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Section 1.  Section 111(e) of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

31

amended December 23, 2003 (P.L.304, No.48), is amended to read:

32

Section 1.  Section 111(e), (f) and (h) of the act of March

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10, 1949 (P.L.30, No.14), known as the Public School Code of

34

1949, amended December 19, 1990 (P.L.1362, No.211) and December

35

23, 2003 (P.L.304, No.48), are amended and the section is

36

amended by adding subsections to read:

37

Section 111.  Background Checks of Prospective Employes;

38

Conviction of Employes of Certain Offenses.--* * *

39

(e)  No person subject to this act shall be employed in a

40

public or private school, intermediate unit or area vocational-

41

technical school where the report of criminal history record

42

information indicates the applicant has been convicted[, within

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five (5) years immediately preceding the date of the report,] of

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1

any of the following offenses:

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(1)  An offense under one or more of the following provisions

3

of Title 18 of the Pennsylvania Consolidated Statutes:

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Chapter 25 (relating to criminal homicide).

5

Section 2702 (relating to aggravated assault).

6

[Former section 2709(b) (relating to stalking).]

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Section 2709.1 (relating to stalking).

8

Section 2901 (relating to kidnapping).

9

Section 2902 (relating to unlawful restraint).

10

Section 2910 (relating to luring a child into a motor

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11

vehicle or structure).

12

Section 3121 (relating to rape).

13

Section 3122.1 (relating to statutory sexual assault).

14

Section 3123 (relating to involuntary deviate sexual

15

intercourse).

16

Section 3124.1 (relating to sexual assault).

17

Section 3124.2 (relating to institutional sexual

18

assault).

19

Section 3125 (relating to aggravated indecent assault).

20

Section 3126 (relating to indecent assault).

21

Section 3127 (relating to indecent exposure).

22

Section 3129 (relating to sexual intercourse with

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23

animal).

24

Section 4302 (relating to incest).

25

Section 4303 (relating to concealing death of child).

26

Section 4304 (relating to endangering welfare of

27

children).

28

Section 4305 (relating to dealing in infant children).

29

A felony offense under section 5902(b) (relating to

30

prostitution and related offenses).

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Section 5903(c) or (d) (relating to obscene and other

2

sexual materials and performances).

3

Section [6301] 6301(a)(1) (relating to corruption of

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4

minors).

5

Section 6312 (relating to sexual abuse of children).

6

Section 6318 (relating to unlawful contact with minor).

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Section 6319 (relating to solicitation of minors to

8

traffic drugs).

9

Section 6320 (relating to sexual exploitation of

10

children).

11

(2)  An offense designated as a felony under the act of April

12

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

13

Drug, Device and Cosmetic Act."

14

(3)  An [out-of-State or Federal] offense similar in nature

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to those crimes listed in clauses (1) and (2) under the laws or

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former laws of the United States or one of its territories or

17

possessions, another state, the District of Columbia, the

18

Commonwealth of Puerto Rico or a foreign nation, or under a

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former law of this Commonwealth.

20

* * *

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[(f)  The requirements of this section shall not apply to

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employes of public and private schools, intermediate units and

23

area vocational-technical schools who meet all the following

24

requirements:

25

(1)  The employes are under twenty-one (21) years of age.

26

(2)  They are employed for periods of ninety (90) days or

27

less.

28

(3)  They are a part of a job development and/or job training

29

program funded in whole or in part by public or private sources.

30

Once employment of a person who meets these conditions

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1

extends beyond ninety (90) days, all requirements of this

2

section shall take effect.]

3

(f.1)  (1)  If the report of criminal history record

4

information indicates the person has been convicted of a felony

5

offense of the first, second or third degree other than those

6

enumerated under subsection (e), the person shall be eligible

7

for prospective employment only if a period of ten years has

8

elapsed from the date of expiration of the sentence for the

9

offense.

10

(2)  If the conviction is for a misdemeanor of the first

11

degree, the person shall be eligible for prospective employment

12

only if a period of five years has elapsed from the date of

13

expiration of the sentence for the offense.

14

(3)  If the report of criminal history record information

15

indicates the person has been convicted more than once for an

16

offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to

17

driving under influence of alcohol or controlled substance) and

18

the offense is graded as a misdemeanor of the first degree under

19

75 Pa.C.S. § 3803 (relating to grading), the person shall be

20

eligible for prospective employment only if a period of three

21

years has elapsed from the date of expiration of the sentence

22

for the most recent offense.

23

(f.2)  Nothing in this section shall be construed to

24

interfere with the ability of a public or private school,

25

intermediate unit or area vocational-technical school to make

26

employment, discipline or termination decisions.

27

* * *

28

(h)  [No person employed in a public or private school on the

29

effective date of this section shall be required to obtain the

30

information required herein as a condition of continued

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1

employment.] Any person who has once obtained the information

2

required under this section may transfer to or provide services

3

to another school in the same district, diocese or religious

4

judicatory, or established and supervised by the same

5

organization and shall not be required to obtain additional

6

reports before making such transfer.

7

* * *

8

(j)  (1)  The department shall develop a standardized form to

9

be used by current and prospective employes of public and

10

private schools, intermediate units and area vocational-

11

technical schools for the written reporting by current and

12

prospective employes of any arrest or conviction for an offense

13

enumerated under subsection (e). The form shall provide a space

14

in which a current or prospective employe who has not been

15

convicted of or arrested for any such offense will respond "no

16

conviction" and "no arrest." The form also shall provide that

17

failure to accurately report any arrest or conviction for an

18

offense enumerated under subsection (e) shall subject the

19

current or prospective employe to criminal prosecution under 18

20

Pa.C.S. § 4904 (relating to unsworn falsification to

21

authorities). The department shall publish the form on its

22

publicly accessible Internet website and in the Pennsylvania

23

Bulletin.

24

(2)  Within ninety (90) days of the effective date of this

25

subsection, all current employes of a public or private school,

26

intermediate unit or area vocational-technical school shall

27

complete the form described in paragraph (1), indicating whether

28

or not they have been convicted of an offense enumerated under

29

subsection (e).

30

(3)  If, as required in paragraph (2), an employe refuses to

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1

submit the form described in paragraph (1), the administrator or

2

other person responsible for employment decisions in a school or

3

other institution shall immediately require the employe to

4

submit to the administrator a current report of criminal history

5

record information as required under subsections (a.1), (b) and

6

(c.1).

7

(4)  If the arrest or conviction for an offense enumerated

8

under subsection (e) occurs after the effective date of this

9

subsection, the employe shall provide the administrator or

10

designee with written notice utilizing the form provided for in

11

paragraph (1) not later than seventy-two (72) hours after an

12

arrest or conviction.

13

(5)  If an administrator or other person responsible for

14

employment decisions in a school or other institution has a

15

reasonable belief that an employe was arrested or has a

16

conviction for an offense required to be reported under

17

paragraph (2) or (4) and the employe or prospective employe has

18

not notified the administrator as required under this section,

19

the administrator or other person responsible for employment

20

decisions in a school or other institution shall immediately

21

require the employe to submit to the administrator a current

22

report of criminal history record information as required under

23

subsections (a.1), (b) and (c.1). The cost of the criminal

24

background check shall be borne by the employing entity.

25

(6)  (i)  An employe who willfully fails to disclose a

26

conviction or an arrest for an offense enumerated under

27

subsection (e)(1) shall be subject to discipline up to and

28

including termination or denial of employment and may be subject

29

to criminal prosecution under 18 Pa.C.S. § 4904.

30

(ii)  An employe who willfully fails to disclose a conviction

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1

of any other offense required to be reported by this section may

2

be subject to discipline and may be subject to criminal

3

prosecution under 18 Pa.C.S. § 4904.

4

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

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5

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

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6

Section 118.  Collection of Identifying Information of

7

Students Attending Institutions of Higher Education.--(a)  The

8

following provisions shall apply to the Department of

9

Education's collection of identifying information of students:

10

(1)  The department may collect identifying information of

11

students only if the department is specifically required to do

12

so under Federal statute or regulation or under another

13

provision of this act.

14

(2)  To the extent the department may collect identifying

15

information of a student under paragraph (1), the following

16

shall apply:

17

(i)  Before collecting any identifying information from an

18

institution of higher education, the department shall provide

19

the institution of higher education with written notice of the

20

identifying information the department seeks to collect and the

21

date by which a student who wishes to do so may opt out of the

22

department's information collection.

23

(ii)  Upon receiving the notice required under subparagraph

24

(i), the institution of higher education shall provide those

25

students who are subject to the request for identifying

26

information with electronic notice of the department's request

27

and of the students' ability to opt out of the department's

28

collection of identifying information by the date identified by

29

the department in subparagraph (i). The notice shall direct

30

students to an Internet web page maintained by the department

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1

which shall contain the following information:

2

(A)  A description of the identifying information the

3

department seeks to collect.

4

(B)  A statement of the department's legal authority to

5

collect the identifying information.

6

(C)  A statement informing students that, by the date

7

identified by the department in subparagraph (i), they may opt

8

out of the department's collection of identifying information.

9

(D)  An electronic link the student may use to opt out of the

10

department's collection of identifying information.

11

(iii)  Following the opt-out date identified by the

12

department in subparagraph (i), the department shall provide the

13

institution of higher education with a list of those students

14

who have opted out of the department's collection of identifying

15

information.

16

(iv)  The institution of higher education may provide the

17

department with identifying information for only those students

18

who have not opted out of the department's collection of

19

identifying information.

20

(3)  Notwithstanding paragraph (1), the department may

21

collect student information in an aggregated format that does

22

not reveal the identifying information of an individual student.

23

(4)  To the extent the Family Educational Rights and Privacy

24

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

25

successor Federal statute requires an institution of higher

26

education to obtain a student's written consent to the

27

disclosure of identifying information, those provisions shall

28

apply.

29

(5)  An institution of higher education that discloses

30

identifying information to the department at the department's

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1

request shall not be held liable in any court of law for any

2

breach of confidentiality pertaining to such identifying

3

information that resulted from actions of the department or the

4

department's staff, contractors or researchers, whether paid or

5

unpaid.

6

(b)  The Secretary of Education shall establish an advisory

7

committee to offer recommendations to the Department of

8

Education concerning the department's collection of identifying

9

information and other data from institutions of higher

10

education. The following shall apply to the advisory committee

11

established under this section:

12

(1)  The secretary shall appoint six (6) members to the

13

advisory committee, including the following:

14

(i)  A representative of a community college operating under

15

Article XIX-A.

16

(ii)  A representative of the State System of Higher

17

Education.

18

(iii)  A representative of an institution of higher education

19

that is designated as "State-related" by the Commonwealth.

20

(iv)  A representative of an accredited private or

21

independent college or university.

22

(v)  A representative of a private licensed school.

23

(vi)  A representative of the department's information

24

technology staff.

25

(2)  The advisory committee shall meet at least quarterly at

26

the call of the secretary or the secretary's designee, who shall

27

serve as chairperson. The first meeting of the advisory

28

committee shall occur within sixty (60) days of the effective

29

date of this section.

30

(3)  Members of the advisory committee shall serve without

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1

compensation.

2

(c)  For purposes of this section, the following words and

3

phrases shall have the following meanings:

4

"Identifying information" shall mean any document,

5

photographic, pictorial or computer image of another person, or

6

any fact used to establish identity, including, but not limited

7

to, a name, birth   date, Social Security number, driver's license

8

number, nondriver governmental identification number, telephone

9

number, checking account number, savings account number, student

10

identification number, employe or payroll number, residence

11

address, mailing address, e-mail address or electronic

12

signature.

13

"Institution of higher education" includes any of the

14

following:

15

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

16

(2)  A university within the State System of Higher

17

Education.

18

(3)  The Pennsylvania State University.

19

(4)  The University of Pittsburgh.

20

(5)  Temple University.

21

(6)  Lincoln University.

22

(7)  Any other institution that is designated as "State-

23

related" by the Commonwealth.

24

(8)  Any accredited private or independent college or

25

university.

26

(9)  Any private licensed school as defined in the act of

27

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

28

Licensed Schools Act."

29

"Student" shall mean a person who attends an institution of

30

higher education, whether enrolled on a full-time, part-time,

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1

credit or noncredit basis.

2

Section 221.1.  Moratorium on Certain Data Collection Systems

3

and Data Sets.--(a)  For the school years 2011-2012 and

4

2012-2013, the Department of Education and the Department of

5

Public Welfare shall suspend the collection of data through

6

Pennsylvania's Enterprise to Link Information for Children

7

Across Network (PELICAN) and the Pennsylvania Information

8

Management System (PIMS) except as follows:

9

(1)  Information required to meet Federal mandates in the

10

following:

11

(i)  The Elementary and Secondary Education Act of 1965

12

(Public Law 89-10, 79 Stat. 27).

13

(ii)  The Individuals with Disabilities Education Act (Public

14

Law 91-230, 20 U.S.C. § 1400 et seq.).

15

(iii)  The Educational Technical Assistance Act of 2002

16

(Public Law 107-279, 116 Stat. 1975).

17

(iv)  Title VI of the America COMPETES Act or the America

18

Creating Opportunities to Meaningfully Promote Excellence in

19

Technology, Education, and Science Act (Public Law 110-69, 121

20

Stat. 572).

21

(v)  The American Recovery and Reinvestment Act of 2009

22

(Public Law 111-5, 123 Stat. 115).

23

(vi)  The Head Start Act (Public Law 97-35, 42 U.S.C. § 9831

24

et seq.).

25

(vii)  The Child Care and Development Block Grant Act of 1990

26

(Public Law 101-508, 42 U.S.C. § 9858 et seq.).

27

(viii)  The Social Security Act (49 Stat. 620, 42 U.S.C. §

28

301 et seq.).

29

(ix)  Any data pursuant to other Federal requirements and to

30

meet eligibility requirements for Federal funds.

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1

(2)  Pennsylvania Value-Added Assessment System (PVAAS),

2

including any revisions or improvements made to the system.

3

(3)  Information required by the Department of Public Welfare

4

to supervise, license or register a child care provider under

5

Articles IX and X of the act of June 13, 1967 (P.L.31, No.21),

6

known as the "Public Welfare Code."

7

(4)  Information relating to background checks required in

8

section 111 and in 23 Pa.C.S. §§ 6344 (relating to information

9

relating to prospective child-care personnel) and 6344.1

10

(relating to information relating to family day-care home

11

residents).

12

(5)  Information necessary for all payments or reimbursement

13

by the Commonwealth.

14

(6)  Information required to be reported pursuant to Article

15

XIII-A of this act.

16

(b)  The Department of Education and the Department of Public

17

Welfare shall notify their affected program participants no

18

later than August 1, 2011, of the data elements required to

19

comply with the laws and programs identified in subsection (a).

20

(c)  By February 1, 2012, the Department of Education and the

21

Department of Public Welfare shall provide a report to the

22

Education Committee of the Senate, the Public Health and Welfare

23

Committee of the Senate, the Education Committee of the House of

24

Representatives, and the Children and Youth Committee of the

25

House of Representatives which shall include the following:

26

(1)  Category of the data to include the child, family,

27

program and staff.

28

(2)  Data elements to be collected and the law requiring the

29

data and its intended use.

30

(3)  Total funding expended as of December 2011, including

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1

funding source to develop, implement and maintain the system.

2

(4)  Long-term cost projections to administer and maintain

3

the information systems. The projections shall include costs to

4

the Commonwealth and the program participants.

5

(5)  Any law needed to authorize the departments to collect,

6

use and distribute the information.

7

(d)  The Department of Education and the Department of Public

8

Welfare shall not be required to complete reports that include

9

data elements within the moratorium of this section.

10

Section 223.  Certified Safety Committees.--(a)  The board of

11

directors of each school district shall take such steps as

12

necessary in order to have or maintain a certified safety

13

committee by June 30, 2011, or the effective date of this

14

section, whichever occurs later, for the purposes of section

15

1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as

16

the "Workers' Compensation Act."

17

(b)  The Department of Labor and Industry shall provide the

18

Department of Education with the list of school districts that

19

have certified safety committees.

20

(c)  In the case of a school district that does not submit

21

evidence to the Department of Education that complies with this

22

section, the Department of Education shall deduct from any

23

allocation from the Commonwealth to which the school district is

24

entitled the amount of the discount the school district would

25

otherwise receive under section 1002(b) of the "Workers'

26

Compensation Act."

27

(d)  This section shall not apply to a school district that

28

cannot receive a premium discount under section 1002(b) of the

29

"Workers' Compensation Act," or an equivalent reduction in

30

contribution rates, by establishing and maintaining a certified

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1

safety committee because it is authorized to self-insure its

2

liabilities under section 305 of the "Workers' Compensation Act"

3

or pool its liabilities under section 802 of the "Workers'

4

Compensation Act."

5

Section 615.  Reopening of 2011-2012 Budget.--Notwithstanding

6

any other provision of law, a board of school directors of a

7

school district may reopen its 2011-2012 budget to reflect

8

Federal and State allocations for fiscal years 2010-2011 and

9

2011-2012 provided by the act of       , 2011 (P.L.    ,

10

No.    ), known as the General Appropriation Act of 2011.

11

Section 3.  Section 703 of the act, amended June 1, 1972

12

(P.L.325, No.89), is amended to read:

13

Section 703.  Acquisition of Buildings, Sites for School

14

Buildings and Playgrounds, and Disposing Thereof.--In order to

15

comply with the provisions of this act, and subject to the

16

conditions thereof, the board of school directors of each

17

district is hereby vested with the necessary power and authority

18

to acquire, in the name of the district, by purchase, lease,

19

gift, devise, agreement, condemnation, or otherwise, any and all

20

schools and real estate, either vacant or occupied, including

21

lands theretofore occupied by streets and alleys which have been

22

vacated by municipal authorities, and to acquire by purchase,

23

lease, gift or devise, other buildings approved for school use

24

by the Department of Education as the board of school directors

25

may deem necessary to furnish school buildings or other suitable

26

sites for proper school purposes for said district or to enlarge

27

the grounds of any school property held by such district, and to

28

sell, convey, transfer, dispose of, or abandon the same, or any

29

part thereof, as the board of school directors may determine.

30

Approval of the Department of Education shall not be required

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1

for school buildings and playgrounds on any school construction

2

project for which State reimbursement is not requested.

3

Section 4.  Section 731(1) of the act, amended June 27, 1973

4

(P.L.75, No.34), is amended to read:

5

Section 731.  Approval by Department of Plans, etc., of

6

Buildings; Exceptions.--The Department of Education, with

7

respect to construction or reconstruction of public school

8

buildings, shall have the power and its duties shall be:

9

(1)  To review all projects, plans and specifications for

10

school building construction or reconstruction, and to make

11

recommendations thereon to the General Assembly and the

12

Governor; Provided, however, That approval of the Department of

13

Education shall not be required for projects, plans and

14

specifications for school construction projects for which

15

reimbursement from the Commonwealth is not requested;

16

* * *

17

Section 5.  Section 731.1 of the act, added December 6, 1972

18

(P.L.1445, No.323), is amended to read:

19

Section 731.1.  Approval of Lease Agreements.--No building

20

facilities for school use authorized under the provisions of

21

section 703.1, shall be leased by any school district until such

22

lease agreement has been approved by the Department of

23

Education. Such approval shall not be given unless the building

24

facilities to be leased meet the standards required to operate

25

public school buildings in use in the Commonwealth; Provided,

26

however, That Department of Education approval of any lease

27

agreement shall not be required for any lease agreement for

28

which Commonwealth reimbursement is not requested.

29

Section 6.  Section 907-A of the act, added May 4, 1970

30

(P.L.311, No.102), is amended to read:

- 16 -

 


1

Section 907-A.  Subsidies for Services.--(a)  Intermediate

2

units shall receive subsidies from the Commonwealth as herein

3

provided only for services performed pursuant to and authorized

4

by law, as hereinafter provided. Nothing contained herein shall

5

prohibit intermediate units from receiving funds from school

6

districts and other sources including nonpublic nonprofit

7

schools and expending such funds to provide additional services

8

not included in the approved program of services.

9

(b)  No later than February 1, 2012, and by February 1 of

10

each year thereafter, an intermediate unit shall submit to the

11

Department of Education a report on subsidies and funds received

12

in accordance with this section.

13

(1)  The report shall include, but not be limited to, the

14

following information:

15

(i)  A listing of all contracts, interagency

16

agreements, intergovernmental agreements, purchase

17

orders, memoranda of understanding, agreements and other

18

arrangements between a Commonwealth agency and an

19

intermediate unit or between intermediate units in an

20

amount greater than $50,000.

21

(ii)  With respect to each item listed under

22

subparagraph (i), the following:

23

(A)  The total amount and duration of the item,

24

including the annual amount if the item covers

25

multiple years.

26

(B)  The sources and amounts of funds needed to

27

cover the entire cost of the item.

28

(C)  A description of programs or services, or

29

both, being provided, including performance measures

30

by which the intermediate unit will be assessed and

- 17 -

 


1

penalties for nonperformance.

2

(D)  A description of the selection process used

3

in entering into the item.

4

(E)  A listing of all employes, contractors and

5

agents covered under the item, the duties of each

6

individual and the remuneration provided to each

7

individual.

8

(2)  The Department of Education shall develop the format

9

to be used by the intermediate units preparing the report

10

required under paragraph (1).

11

(3)  The Department of Education shall post the reports

12

on its publicly accessible Internet website.

13

(4)  The first report shall cover fiscal years 2009-2010

14

and 2010-2011. Each future report shall cover the previous

15

fiscal year.

16

Section 7.  Section 921-A of the act is amended by adding a

17

subsection to read:

18

Section 921-A.  Financial reports.--* * *

19

(a.1)  The Department of Education shall post on its publicly

20

accessible Internet website information included in the

21

intermediate units' annual financial reports. In posting the

22

information, the Department of Education shall use a format

23

consistent with the format the Department of Education uses when

24

posting the annual financial report information of other local

25

education agencies.

26

* * *

27

Section 8.  Article X heading and section 1001 of the act,

28

amended January 14, 1970 (1969 P.L.468, No.192), are amended to

29

read:

30

ARTICLE X.

- 18 -

 


1

DISTRICT SUPERINTENDENTS AND

2

ASSISTANT DISTRICT SUPERINTENDENTS.

3

Section 1001.  Purpose.--For the superintendence and

4

supervision of the public schools of this Commonwealth, there

5

shall be elected or appointed, in the manner herein provided,

6

district superintendents, and assistant district 

7

superintendents.

8

Section 9.  Section 1003 of the act, amended July 20, 2007

9

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

10

Section 1003.  Eligibility.--[No] (a)  Except as otherwise

11

provided in subsection (b), no person shall [be eligible for

12

election or appointment] receive a letter of eligibility or be

13

elected or appointed as a district[,] superintendent or

14

assistant district superintendent, unless--

15

(1)  He holds a diploma from a college or other institution

16

approved by the Department of Education;

17

(2)  He has had six (6) years' successful teaching

18

experience, not less than three of which shall have been in a

19

supervisory or administrative capacity;

20

(3)  He has completed in a college or university a graduate

21

program in education approved by the Department of Education

22

that includes the Pennsylvania school leadership standards under

23

section 1217. Completion of the program shall not be subject to

24

waiver under section 1714-B unless the candidate provides to the

25

Secretary of Education evidence that the candidate has

26

successfully completed an equivalent leadership development

27

program that addresses the school leadership standards under

28

section 1217.

29

(4)  Provided that in school districts of the first class,

30

five (5) years of administrative experience at the level of

- 19 -

 


1

assistant, associate or deputy superintendent, may be

2

substituted for prescribed graduate administrative courses, and

3

which shall be the responsibility of the Secretary of Education

4

to review these equivalences to conform with State board

5

regulations.

6

[Serving either as county, district, or assistant county or

7

district superintendent, or associate superintendent, in this

8

Commonwealth, at the time this act becomes effective, shall,

9

irrespective of the foregoing requirements, be considered

10

sufficient qualification for any of the aforesaid offices.]

11

(b)  Notwithstanding the requirements of subsection (a), a

12

person shall be eligible for election or appointment as a

13

district superintendent or assistant district superintendent if

14

he holds a graduate degree from an accredited higher education

15

institution in business or finance and has at least four (4)

16

years of relevant experience in business, finance or management.

17

(c)  Notwithstanding the provisions of sections 1205.1(f),

18

1205.2(n.1) and 1205.5(h), a person elected or appointed as a

19

district superintendent or assistant district superintendent for

20

the first time in this Commonwealth under subsection (b) shall

21

successfully complete a leadership development program that

22

meets the Pennsylvania school leadership standards under section

23

1217.

24

Section 10.  The act is amended by adding a section to read:

25

Section 1134.  Professional and Temporary Professional

26

Employes of Schools Formerly Operated by the Commonwealth.--(a)

27

The following provisions shall apply to professional and

28

temporary professional employes of a school formerly operated by

29

the Commonwealth:

30

(1)  The Commonwealth shall create a pool for each school

- 20 -

 


1

comprised of the professional and temporary professional

2

employes who have received formal notice of suspension from the

3

Commonwealth as a result of the Commonwealth's decision to cease

4

Commonwealth operation of the school.

5

(2)  For the three school years immediately following the

6

formal notice of suspension from the Commonwealth, employes in a

7

pool created under paragraph (1) shall be offered employment by

8

each eligible school entity as determined under paragraph (4)

9

associated with the applicable pool created under paragraph (1),

10

when that eligible school entity has a vacancy for a position

11

that an employe in the applicable pool is properly certified to

12

fill, provided that no employe of the eligible school entity in

13

which the vacancy exists, including a suspended or demoted

14

employe, has a right to the vacancy under this act or the

15

collective bargaining agreement of the respective eligible

16

school entity.

17

(3)  For the three school years immediately following the

18

formal notice of suspension from the Commonwealth, no new

19

employe shall be hired by an eligible school entity as

20

determined under paragraph (4) associated with the applicable

21

pool created under paragraph (1), until the position has been

22

offered, in order of seniority, to all properly certified

23

members of the applicable pool created under paragraph (1).

24

(4)  For the purpose of paragraphs (2) and (3), an "eligible

25

school entity" shall be determined as follows:

26

(i)  a school district, vocational-technical school or

27

intermediate unit, the administration building of which is 17

28

miles or less from the administration building of a school

29

formerly operated by the Commonwealth or a school district which

30

is adjacent to the school district in which a school formerly

- 21 -

 


1

operated by the Commonwealth was situate; or

2

(ii)  a school district with average daily membership greater

3

than or equal to 8,000, the administration building of which is

4

45 miles or less from the administration building of a school

5

formerly operated by the Commonwealth, and which relies on State

6

revenue for not less than fifty per centum (50%) of the school

7

district's total budget in one of the two most recent years for

8

which data has been published on the Department of Education's

9

publicly accessible Internet website.

10

(b)  (1)  Employes hired from a pool under subsection (a)(2)

11

and former employes of a school formerly operated by the

12

Commonwealth who resigned from a school formerly operated by the

13

Commonwealth within the six months prior to October 9, 2009, and

14

who accepted employment at a school district, intermediate unit

15

or vocational-technical school shall be credited by the hiring

16

school district, intermediate unit or vocational-technical

17

school for all sick leave accumulated in the school and shall be

18

credited for years of service in the school for purposes of

19

salary schedule placement.

20

(2)  Such employes shall further be credited for their years

21

of service in the school for purposes of sabbatical leave

22

eligibility, suspension and realignment rights and eligibility

23

for any retirement incentives or severance payments in a hiring

24

school district, intermediate unit or vocational-technical

25

school.

26

(3)  Nothing in this paragraph shall be construed to

27

supersede or preempt any provision of an individual employment

28

agreement between a school district, intermediate unit or

29

vocational-technical school and an employe entered into prior to

30

October 9, 2009, or any provision of a collective bargaining

- 22 -

 


1

agreement in effect as of October 9, 2009, and negotiated by a

2

school entity and an exclusive representative of the employes in

3

accordance with the act of July 23, 1970 (P.L.563, No.195),

4

known as the "Public Employe Relations Act."

5

(c)  This section shall expire on June 30, 2012.

6

Section 11.  Section 1201 of the act, amended January 14,

7

1970 (1969 P.L.468, No.192), is amended to read:

8

Section 1201.  Certificates Qualifying Persons to Teach.--

9

Only those persons holding one of the following certificates

10

shall be qualified to teach in the public schools of this

11

Commonwealth--(1) Permanent college certificate, (2) provisional

12

college certificate, (3) normal school diploma, (4) normal

13

school certificate, (5) special permanent certificate, (6)

14

special temporary certificate, (7) permanent State certificate,

15

(8) residency certificate, (9) intern certificate, (10) 

16

certificates which are permanent licenses to teach by virtue of

17

the provisions of section one thousand three hundred eight of

18

the act, approved the eighteenth day of May, one thousand nine

19

hundred eleven (Pamphlet Laws 309), as amended, which is

20

repealed hereby, or [(9)] (11) such other kinds of certificates

21

as are issued under the standards prescribed by the State Board

22

of Education. The State Board of Education shall also provide

23

for issuance of certificates by district superintendents to meet

24

such emergencies or shortage of teachers as may occur.

25

Section 12.  Section 1203 of the act is amended to read:

26

Section 1203.  Kinds of State Certificates.--(a)  State

27

certificates hereafter granted shall include the following:

28

Provisional College Certificates,

29

Permanent College Certificates,

30

Certificates issued by other states and validated by the

- 23 -

 


1

Superintendent of Public Instruction,

2

Special Temporary Certificates,

3

Special Permanent Certificates[.],

4

Residency Certificates,

5

Intern Certificates.

6

(b)  All persons receiving any of such certificates shall

7

have qualifications not less than graduation from a State

8

Teachers' College of this Commonwealth, or equivalent training.

9

Postbaccalaureate certification programs, including residency,

10

intern and administrative certification programs completed under

11

section 1207.1, are equivalent training for purposes of this

12

act.

13

(c)  Every college certificate shall set forth the names of

14

the college or university from which its holder was graduated.

15

State certificates shall entitle their holders to teach in every

16

part of this Commonwealth for the terms herein specified.

17

Section 13.  Section 1205.1 of the act is amended by adding a

18

subsection to read:

19

Section 1205.1.  Continuing Professional Development.--* * *

20

(f)  (1)  Beginning on the effective date of this subsection,

21

the requirements under this section shall be suspended until

22

June 30, 2013.

23

(2)  Notwithstanding this subsection, the provisions of

24

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

25

candidates for appointment as a district superintendent or

26

assistant district superintendent and candidates for

27

administrative and vocational director certificates complete a

28

leadership development program that meets the Pennsylvania

29

school leadership standards under section 1217 shall not be

30

suspended.

- 24 -

 


1

Section 14.  Section 1205.2(a) and (f) of the act, amended

2

July 13, 2005 (P.L.226, No.46) and February 2, 2006 (P.L.19,

3

No.5), are amended and the section is amended by adding a

4

subsection to read:

5

Section 1205.2.  Program of Continuing Professional

6

Education.--(a)  A continuing professional education program is

7

hereby established for professional educators, the satisfactory

8

completion of which is required to maintain active

9

certification. Except as provided in subsection [(j.1)] (n.1),

10

the continuing professional education program shall require the

11

satisfactory completion of continuing professional education

12

every five (5) years, which shall include:

13

(1)  six (6) credits of collegiate study;

14

(2)  six (6) credits of continuing professional education

15

courses;

16

(3)  one hundred eighty (180) hours of continuing

17

professional education programs, activities or learning

18

experiences; or

19

(4)  any combination of collegiate studies, continuing

20

professional education courses, or other programs, activities or

21

learning experiences equivalent to one hundred eighty (180)

22

hours.

23

* * *

24

(f)  [The] Except as provided in subsection (n.1), the 

25

department shall annually provide a minimum of forty (40) hours

26

of continuing professional education courses, programs,

27

activities or learning experiences at no charge to professional

28

educators. In providing these courses, the department shall seek

29

to use the most efficient and cost-effective means possible,

30

including the use of advanced technology such as CD-ROM, the

- 25 -

 


1

Internet and distance communication.

2

* * *

3

(n.1)  (1)  Beginning on the effective date of this

4

subsection, the requirements under subsections (a) and (f) shall

5

be suspended until June 30, 2013. During that time, the

6

Legislative Budget and Finance Committee shall conduct a study

7

of the costs and benefits of the continuing professional

8

education program which shall be due on March 1, 2013. On July

9

1, 2013, each professional educator shall have the same number

10

of hours of continuing professional education and the same

11

amount of time in which to complete those hours as existed for

12

the professional educator on the effective date of this

13

subsection; provided, however, that any continuing professional

14

education credits or hours completed by a professional educator

15

during the period of suspension under this subsection shall be

16

credited to the professional educator's continuing professional

17

education record.

18

(2)  Notwithstanding this subsection, the provisions of

19

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

20

candidates for appointment as a district superintendent or

21

assistant district superintendent and candidates for

22

administrative and vocational director certificates complete a

23

leadership development program that meets the Pennsylvania

24

school leadership standards under section 1217 shall not be

25

suspended.

26

* * *

27

Section 15.  Section 1205.5 of the act is amended by adding a

28

subsection to read:

29

Section 1205.5.  Continuing Professional Education for School

30

or System Leaders.--* * *

- 26 -

 


1

(h)  (1)  Beginning on the effective date of this subsection,

2

the requirements of subsections (a), (c) and (d) shall be

3

suspended until June 30, 2013.

4

(2)  Notwithstanding this subsection, the provisions of

5

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

6

candidates for appointment as a district superintendent or

7

assistant district superintendent and candidates for

8

administrative and vocational director certificates complete a

9

leadership development program that meets the Pennsylvania

10

school leadership standards under section 1217 shall not be

11

suspended.

12

Section 16.  Section 1206 of the act is amended to read:

13

Section 1206.  Certificates Issued by Other States.--[The

14

Superintendent of Public Instruction may validate in this

15

Commonwealth teachers' certificates issued by other states, or

16

by the State normal schools or colleges of other states, whose

17

requirements are equivalent to those of this Commonwealth. Such

18

validation of certificates may be revoked by the Superintendent

19

of Public Instruction at any time.] (a)  Candidates holding a

20

valid instructional certificate issued by another state may be

21

eligible for comparable Pennsylvania certification provided that

22

the candidate meets the following requirements:

23

(1)  Holds a bachelor's degree from an accredited college or

24

university.

25

(2)  Has at least two (2) years of successful classroom 

26

experience.

27

(3)  Demonstrates subject matter competency in the applicable

28

area of Pennsylvania certification.

29

(4)  Satisfies the requirements of section 1209.

30

(b)  The Secretary of Education shall adopt standards and

- 27 -

 


1

guidelines as necessary to implement this section.

2

(c)  Nothing in this section shall be construed to prohibit

3

the Secretary of Education from certifying out-of-State

4

applicants in accordance with regulations of the Department of

5

Education or the State Board of Education.

6

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

7

Section 1207.1.  Postbaccalaureate Certification.--(a)

8

Notwithstanding any other provision of law to the contrary, the

9

Secretary of Education shall have all of the following powers

10

and duties with regard to postbaccalaureate certification

11

programs:

12

(1)  Evaluate and approve, in accordance with this section,

13

all postbaccalaureate certification programs, including

14

accelerated programs, leading to the certification of

15

professional personnel including intern certification programs,

16

residency certification programs and administrative

17

certification programs.

18

(2)  Evaluate and approve qualified providers of

19

postbaccalaureate certification programs, which may include

20

providers other than institutions of higher education, and

21

ensure that the approval process designed for program providers

22

which are not institutions of higher education enables high-

23

quality, nontraditional program providers to seek and gain

24

approval.

25

(3)  Develop guidelines for the approval of flexible

26

postbaccalaureate instructional certification programs. Such

27

program guidelines shall address:

28

(i)  Instruction and training in the following:

29

(A)  Educational strategies for the designated subject area.

30

(B)  Child development specifically related to the level of

- 28 -

 


1

the certificate sought.

2

(C)  Professional ethics and responsibilities.

3

(D)  Pennsylvania academic standards.

4

(E)  Assessment knowledge and skills.

5

(F)  Accommodations and adaptations for students with

6

disabilities in an inclusive setting.

7

(G)  Strategies for meeting instructional needs of English

8

language learners.

9

(ii)  Requirements for candidate oversight and mentoring that

10

may include field placement, student teaching, classroom

11

observations and ongoing support for novice educators in

12

partnership with local education agencies during their induction

13

period, including observation, consultation and assessment that

14

includes close supervision by a professional employe.

15

(4)  Issue certificates in accordance with this section to

16

qualified candidates.

17

(5)  Adopt standards and guidelines as necessary to implement

18

this section.

19

(b)  (1)  The Secretary of Education may make a one-time

20

issuance of a residency certificate for service in a specific

21

shortage area of instruction in public schools of this

22

Commonwealth to an applicant who meets all of the following:

23

(i)  Satisfies the requirements specified under section 1209.

24

(ii)  Meets one of the following:

25

(A)  Holds a doctoral degree or master's degree from an

26

accredited college or university in the subject area of

27

shortage.

28

(B)  Holds a bachelor's degree from an accredited college or

29

university in the subject area of shortage and has at least

30

three (3) years of work experience in the subject area or

- 29 -

 


1

related field.

2

(iii)  Is continuously enrolled in an approved residency

3

program.

4

(iv)  Presents evidence of satisfactory achievement on the

5

appropriate subject area content test.

6

(2)  A residency certificate shall be valid for three (3)

7

years of teaching in the public schools of this Commonwealth in

8

the area for which it applies.

9

(3)  The Secretary of Education shall have all of the

10

following powers and duties related to the issuance of residency

11

certificates:

12

(i)  Identify areas of certification in which there is a

13

Statewide or regional shortage of qualified teachers.

14

(ii)  Develop guidelines for the residency program in

15

accordance with subsection (a).

16

(iii)  Issue residency certificates to qualified applicants.

17

(iv)  Report annually to the State Board of Education on the

18

number of residency certificates issued under this section.

19

(4)  A residency certificate may be converted to an

20

Instructional I Certificate upon the completion of all residency

21

program requirements under Department of Education guidelines

22

and the completion of three (3) years of satisfactory teaching

23

in the public schools of this Commonwealth.

24

(c)  (1)  Postbaccalaureate instructional intern

25

certification programs shall provide flexible and accelerated

26

pedagogical training to teachers who have demonstrated subject

27

matter competency in a subject area related to their

28

certification.

29

(2)  The Secretary of Education may make a one-time issuance

30

of a postbaccalaureate instructional intern certificate for

- 30 -

 


1

service in a specific area of instruction to candidates who, in

2

addition to meeting the requirements of section 1209, present

3

evidence of satisfactory achievement on the department-

4

prescribed subject matter assessments related to the area of

5

certification and hold a bachelor's degree from an accredited

6

college or university. This certificate shall require continuing

7

enrollment in an approved postbaccalaureate instructional intern

8

certification program.

9

(3)  A postbaccalaureate instructional intern certificate

10

shall be valid for three (3) years of teaching in the public

11

schools of this Commonwealth and may not be renewed.

12

(4)  A candidate shall be issued an Instructional I

13

Certificate upon successful completion of the approved

14

postbaccalaureate instructional intern program provided that the

15

candidate has satisfied the requirements of section 1209.

16

(d)  (1)  Notwithstanding any other provision of law, no

17

person shall be granted an administrative certificate or a

18

vocational director certificate by the Department of Education

19

unless:

20

(i)  The candidate holds a bachelor's degree from an

21

accredited college or university.

22

(ii)  The candidate has had three (3) years of relevant

23

professional experience.

24

(iii)  The candidate satisfies the requirements of section

25

1209.

26

(iv)  Notwithstanding the provisions of sections 1205.1(f),

27

1205.2(n.1) and 1205.5(h), the candidate has completed in a

28

college or university a graduate program in education approved

29

by the Department of Education or has provided to the Secretary

30

of Education, within two years of employment in the school or

- 31 -

 


1

system leadership position for which the candidate was

2

certified, satisfactory evidence that the candidate has

3

successfully completed a leadership development program that

4

meets the Pennsylvania school leadership standards under section

5

1217 and has demonstrated knowledge of basic school laws and

6

regulations.

7

(2)  The Secretary of Education may adopt standards and

8

guidelines as necessary to implement this section.

9

(e)  Notwithstanding any other provision of law, no candidate

10

for certification or admission into a certification preparation

11

program who holds a bachelor's degree from a regionally

12

accredited college or university shall be required to complete

13

the academic preparation requirements of 22 Pa. Code Ch. 354

14

(relating to preparation of professional educators).

15

(f)  Nothing in this section shall be construed to prohibit

16

the State Board of Education from authorizing certification

17

programs in accordance with State law, nor shall this section be

18

construed to impact any programs that have been authorized by

19

the State Board of Education prior to the effective date of this

20

section.

21

Section 18.  Section 1304 of the act, amended January 14,

22

1970 (1969 P.L.468, No.192), is amended to read:

23

Section 1304.  Admission of Beginners.--[The admission of]

24

(a)  School districts shall admit beginners to the public

25

schools [shall be confined to] during at least the first two

26

weeks of the annual school term in districts operating on an

27

annual promotion basis[,] and [to] during the first two weeks of

28

either the first or the second semester of the school term in

29

districts operating on a semi-annual promotion basis;

30

thereafter, the admission of beginners shall be at the

- 32 -

 


1

discretion of each school district.

2

(b)  Admission shall be limited to beginners who have

3

attained the age of five years and seven months before the first

4

day of September if they are to be admitted in the fall, and to

5

those who have attained the age of five years and seven months

6

before the first day of February if they are to be admitted at

7

the beginning of the second semester. The board of school

8

directors of any school district may admit beginners who are

9

less than five years and seven months of age, in accordance with

10

standards prescribed by the State Board of Education. The board

11

of school directors may refuse to accept or retain beginners who

12

have not attained a mental age of five years, as determined by

13

the supervisor of special education or a properly certificated

14

public school psychologist in accordance with standards

15

prescribed by the State Board of Education.

16

(c)  The term "beginners," as used in this section, shall

17

mean any child that should enter the lowest grade of the primary

18

school or the lowest primary class above the kindergarten level.

19

Section 19.  Section 1376(c.1) of the act, amended July 4,

20

2004 (P.L.536, No.70), is amended to read:

21

Section 1376.  Cost of Tuition and Maintenance of Certain

22

Exceptional Children in Approved Institutions.--* * *

23

[(c.1)  Any funds remaining from the appropriation line items

24

"for special education - approved private schools" or for

25

Pennsylvania Charter Schools for the Deaf and Blind from the

26

general appropriations acts for fiscal years 1978-1979 and each

27

fiscal year thereafter shall be transferred by the State

28

Treasurer into a restricted account (continuing appropriation)

29

for audit resolution which is hereby established. The Department

30

of Education shall also deposit into this restricted account any

- 33 -

 


1

funds returned to or recovered by the department from approved

2

private schools or chartered schools for overpayments during

3

fiscal years 1978-1979 and each fiscal year thereafter. The

4

funds in the restricted account are hereby appropriated upon

5

approval of the Governor to the Department of Education for

6

payments to approved private schools for audit resolutions for

7

fiscal years 1978-1979 through 2003-2004. During the 1995-1996

8

fiscal year and during each fiscal year thereafter, the

9

Department of Education shall review the activity in the

10

restricted account and may recommend that the Governor authorize

11

the lapsing into the General Fund of any funds that are

12

estimated not to be needed for audit resolution.]

13

* * *

14

Section 20.  Section 1303-A(c)(1) of the act, amended

15

November 17, 2010 (P.L.996, No.104), is amended to read:

16

Section 1303-A.  Reporting.--* * *

17

(c)  Each chief school administrator shall form an advisory

18

committee composed of relevant school staff, including, but not

19

limited to, principals, security personnel, school resource

20

officers, guidance counselors and special education

21

administrators, to assist in the development of a memorandum of

22

understanding pursuant to this section. In consultation with the

23

advisory committee, each chief school administrator shall enter

24

into a memorandum of understanding with police departments

25

having jurisdiction over school property of the school entity.

26

Each chief school administrator shall submit a copy of the

27

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

28

biennially update and re-execute a memorandum of understanding

29

with local law enforcement and file such memorandum with the

30

office on a biennial basis. The memorandum of understanding

- 34 -

 


1

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

2

police of the police department with jurisdiction over the

3

relevant school property and principals of each school building

4

of the school entity. The memorandum of understanding shall

5

comply with the regulations promulgated by the State Board of

6

Education under section 1302.1-A and shall also include:

7

(1)  The procedure for police department review of the

8

[semiannual] annual report required under subsection (b) prior

9

to the chief school administrator filing the report required

10

under subsection (b) with the office.

11

* * *

12

Section 21.  Section 1310-A(a) and (b)(6) and (8) of the act,

13

added November 22, 2000 (P.L.672, No.91), are amended to read:

14

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

15

the First Class.--(a)  The [Secretary of Education] Executive

16

Director of the Pennsylvania Commission on Crime and Delinquency 

17

shall establish, within the [office] commission, a safe schools

18

advocate for each school district of the first class. The

19

advocate shall not be subject to the act of August 5, 1941

20

(P.L.752, No.286), known as the "Civil Service Act." The

21

advocate shall establish and maintain an office within the

22

school district.

23

(b)  The safe schools advocate shall have the power and its

24

duties shall be:

25

* * *

26

(6)  To review and analyze Federal and State statutes which

27

may be an impediment to school safety and the imposition of

28

discipline for the commission of acts of violence on school

29

property and to prepare, by April 30, 2001, and as necessary

30

from time to time thereafter, reports making recommendations for

- 35 -

 


1

changes to the statutes which would promote school safety and

2

facilitate effective and expedient disciplinary action. The

3

reports shall be submitted to the secretary and the Executive

4

Director of the Pennsylvania Commission on Crime and

5

Delinquency.

6

* * *

7

(8)  To prepare an annual report regarding the activities of

8

the advocate during the prior fiscal year and any

9

recommendations for remedial legislation, regulations or school

10

district administrative reforms, which shall be submitted to the

11

school district superintendent, the secretary, the Executive

12

Director of the Pennsylvania Commission on Crime and

13

Delinquency, the chairperson of the Education Committee of the

14

Senate and the chairperson of the Education Committee of the

15

House of Representatives by August 15 of each year.

16

* * *

17

Section 22.  Section 1311-A of the act, amended June 22, 2001

18

(P.L.530, No.35), is amended to read:

19

Section 1311-A.  Standing.--(a)  If a student in a school

20

district of the first class is a victim of an act of violence

21

involving a weapon on school property and the student who

22

possessed the weapon was not expelled under section 1317.2, the

23

parent or guardian of the victim shall have standing to

24

institute a legal proceeding to obtain expulsion of the student.

25

(b)  The Office of General Counsel shall have standing to

26

bring an action on behalf of a victim or the parent or guardian

27

of a victim of an act of violence in a school in a school

28

district of the first class to modify, clarify or eliminate a

29

consent decree that is related to discipline in the district if,

30

in consultation with the advocate, the Office of General Counsel

- 36 -

 


1

believes that the action is in the best interests of the

2

students of the school district.

3

(c)  (1)  The [Secretary of Education] Executive Director of

4

the Pennsylvania Commission on Crime and Delinquency in

5

consultation with the General Counsel may designate a portion of

6

the funds provided for the safe schools advocate [for]:

7

(i)  For contracts for legal services to assist low-income

8

parents or guardians of victims to obtain legal services for

9

proceedings under subsection (a). [The Secretary of Education in

10

consultation with the General Counsel may designate a portion of

11

the funds provided for the advocate to]

12

(ii)  To challenge a consent decree under subsection (b) or

13

to bring an action under sections 1310-A(c)(5) and 1312-A(a).

14

(2)  The designation of attorneys to receive funds under this

15

subsection shall be within the discretion of the Office of

16

General Counsel after consultation with the safe schools

17

advocate.

18

(3)  Designated funds which are not expended under this

19

subsection shall lapse to the General Fund.

20

(d)  Legal proceedings under this section shall be conducted

21

by an attorney designated by the Office of General Counsel in

22

consultation with the safe schools advocate. The attorney must

23

be a member of the bar in good standing.

24

[(e)  The appropriation for the Office of School Victim

25

Advocate in section 202 of the act of May 24, 2000 (P.L.1086,

26

No.21A), known as the "General Appropriation Act of 2000," shall

27

be used to implement this section and sections 1310-A and 1312-

28

A.]

29

(f)  As used in this section, "low-income parent or guardian"

30

shall mean a parent whose family income is no greater than two

- 37 -

 


1

hundred fifty per centum (250%) of the Federal poverty level.

2

Section 23.  Section 1312-A of the act, added November 22,

3

2000 (P.L.672, No.91), is amended to read:

4

Section 1312-A.  Enforcement.--(a)  (1)  If the school

5

district of the first class fails to comply with requirements to

6

provide information to the safe schools advocate under section

7

1310-A, the advocate shall provide documentation of the failure

8

to the [Department of Education] Secretary of Education and the

9

Pennsylvania Commission on Crime and Delinquency.

10

(2)   If the [department] secretary determines that there is

11

noncompliance, the [department] secretary shall notify the

12

advocate and the Office of General Counsel. The Office of

13

General Counsel, in consultation with the safe schools advocate,

14

shall designate an attorney to bring an action in a court of

15

competent jurisdiction to enforce section 1310-A.

16

(3)  If the secretary determines that the school district of

17

the first class has complied with the requirements to provide

18

information to the safe schools advocate under section 1310-A,

19

the secretary shall convene a public hearing at which the safe

20

schools advocate shall be permitted to testify regarding the

21

alleged noncompliance.

22

(b)  Legal proceedings under subsection (a) shall be

23

conducted by an attorney designated by the Office of General

24

Counsel in consultation with the safe schools advocate. The

25

attorney must be a member of the bar in good standing.

26

Section 24.  Section 1604-A(b) of the act is amended by

27

adding a paragraph to read:

28

Section 1604-A.  Council Recommendations and Standards.--* *

29

*

30

(b)  The association shall take all steps necessary to comply

- 38 -

 


1

with the following standards:

2

* * *

3

(14)  By August 8, 2011, establish a policy requiring that

4

students who in the current or prior school year attended a

5

school entity that has abolished its program of interscholastic

6

athletics in whole or in part shall be eligible to participate

7

without penalty in the program of interscholastic athletics of

8

another school entity in which they are currently enrolled,

9

provided that:

10

(i)  If the association fails to establish and enforce the

11

policy, no school entity may be a member of the association and

12

may not pay dues to the association directly or indirectly

13

through an affiliated organization.

14

(ii)  No school entity that is a member of the association

15

may recruit to participate in its program of interscholastic

16

athletics any students who attend a school entity that has

17

abolished its program of interscholastic athletics.

18

(iii)  If a school entity that has abolished its program of

19

interscholastic athletics in whole or in part reinstates its

20

program of interscholastic athletics in whole or in part in a

21

subsequent year, a student who is currently or was previously

22

enrolled in the school entity but who has participated in the

23

program of interscholastic athletics of another school entity

24

under this section shall be eligible to participate without

25

penalty in the program of interscholastic athletics of the

26

school entity that reinstated its previously abolished program

27

in whole or in part.

28

Section 25.  The definition of "concurrent enrollment

29

committee" in section 1602-B of the act, added July 13, 2005

30

(P.L.226, No.46), is amended to read:

- 39 -

 


1

Section 1602-B.  Definitions.

2

The following words and phrases when used in this article

3

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

4

context clearly indicates otherwise:

5

* * *

6

["Concurrent enrollment committee."  A committee comprised of

7

representatives from a school entity and eligible postsecondary

8

institutions with which it offers a concurrent enrollment

9

program.]

10

* * *

11

Section 26.  Section 1611-B(a) of the act, amended July 11,

12

2006 (P.L.1092, No.114), is amended to read:

13

Section 1611-B.  Responsibilities of school entities.

14

(a)  Concurrent enrollment program.--A school entity seeking

15

a grant under section 1603-B(c) shall do all of the following:

16

(1)  Enter into a concurrent enrollment agreement with an

17

eligible postsecondary institution or institutions as

18

required under section 1613-B.

19

[(2)  Form a concurrent enrollment committee as required

20

under section 1612-B.]

21

(3)  (i)  Except as provided in subparagraph (ii),

22

provide, no later than 90 days prior to the date on which

23

an application is submitted pursuant to subsection (c),

24

written notice of the availability of the concurrent

25

enrollment program to:

26

(A)  Any nonpublic or private school for which

27

the school entity provides free transportation as

28

required under section 1361.

29

(B)  Any charter school approved to operate

30

within the school entity.

- 40 -

 


1

(C)  The parents of students enrolled in a home

2

education program under section 1327.1.

3

(ii)  For the 2006-2007 school year, a school entity

4

shall provide the information required under this

5

subparagraph no later than 30 days prior to the date on

6

which an application is submitted under subsection (c).

7

* * *

8

Section 27.  Section 1612-B of the act, added July 13, 2005

9

(P.L.226, No.46), is repealed:

10

[Section 1612-B.  Concurrent enrollment committees.

11

(a)  Composition.--

12

(1)  (i)  Subject to the provisions of subparagraph (ii),

13

in order to be eligible for grant funds under section

14

1603-B(c), a school entity shall form a concurrent

15

enrollment committee, which shall include no fewer than

16

six members.

17

(ii)  The number of committee members appointed under

18

paragraph (3) or (4) shall not exceed the number of

19

committee members appointed under paragraph (2).

20

(2)  At least four members shall be appointed by the

21

board of school directors of the school entity. At a minimum,

22

the members shall include:

23

(i)  A parent of a high school student enrolled in

24

the school entity.

25

(ii)  A teacher employed by the school entity and

26

selected by the teachers of the school entity.

27

(iii)  An administrator employed by the school entity

28

and selected by the superintendent of the school entity.

29

(iv)  A member of the board of school directors of

30

the school entity, who shall be the chairman.

- 41 -

 


1

(3)  At least two members shall be appointed by each

2

eligible postsecondary institution participating in the

3

concurrent enrollment program, of which at least one shall be

4

a faculty member representing a department with

5

administrative authority over one or more approved concurrent

6

courses.

7

(4)  Where more than three eligible postsecondary

8

institutions participate in the concurrent enrollment

9

program, one member shall be appointed by each eligible

10

postsecondary institution.

11

(b)  Duties.--The concurrent enrollment committee shall do

12

all of the following:

13

(1)  Develop a proposed concurrent enrollment agreement,

14

which may include separate, individual agreements with each

15

eligible postsecondary institution with members appointed to

16

the concurrent enrollment committee.

17

(2)  Present the proposed concurrent enrollment agreement

18

to the board of school directors of the school entity for

19

approval.

20

(3)  Meet no less than quarterly to review the concurrent

21

enrollment program.

22

(4)  Recommend any changes to the concurrent enrollment

23

program to the board of school directors of the school

24

entity.

25

(5)  Develop criteria to permit students who are not

26

qualified under section 1614-B(a) to enroll in the concurrent

27

enrollment program.]

28

Section 28.  Sections 1613-B(a) and 1614-B(b) of the act,

29

added July 13, 2005 (P.L.226, No.46), are amended to read:

30

Section 1613-B.  Concurrent enrollment agreements.

- 42 -

 


1

(a)  Deadline.--In order to be eligible for funding under

2

section 1603-B(c), a [concurrent enrollment committee] school

3

entity shall develop a concurrent enrollment agreement and

4

present it to [the board of school directors of the school

5

entity and to] each eligible postsecondary institution [with

6

members appointed to the concurrent enrollment committee] 

7

participating in the concurrent enrollment program for approval

8

prior to the submission of a grant application pursuant to

9

section 1611-B(c).

10

* * *

11

Section 1614-B.  Enrollment in concurrent courses.

12

* * *

13

(b)  Optional enrollment.--A student enrolled in a school

14

district, charter school, area vocational-technical school,

15

nonpublic school, private school or home education program who

16

does not qualify under subsection (a) may enroll in concurrent

17

courses that are part of a concurrent enrollment program

18

approved by the student's school district of residence or the

19

area vocational-technical school in which the student is

20

enrolled by meeting alternate criteria [established by the

21

concurrent enrollment committee] agreed upon by the school

22

entity and the eligible postsecondary institution at which the

23

student seeks to enroll in concurrent courses, provided that the

24

charter school, nonpublic school, private school or home

25

education program awards secondary credit for a successfully

26

completed concurrent course. The student shall be included in

27

the number of students reported to the department under section

28

1611-B(b) and (c).

29

Section 29.  Section 1724-A(c) of the act, added June 19,

30

1997 (P.L.225, No.22), is amended to read:

- 43 -

 


1

Section 1724-A.  School Staff.--* * *

2

(c)  All employes of a charter school shall be enrolled in

3

the Public School [Employee's] Employees' Retirement System in

4

the same manner as set forth in 24 Pa.C.S. § 8301(a) (relating

5

to mandatory and optional membership) unless at the time of the

6

application for the charter school the sponsoring district or

7

the board of trustees of the charter school has a retirement

8

program which covers the employes or the employe is currently

9

enrolled in another retirement program. The Commonwealth shall

10

make contributions on behalf of charter school employes[, and

11

the] enrolled in the Public School Employees' Retirement System.  

12

The charter school shall be considered a school district and

13

shall make payments by employers to the Public School Employees'

14

Retirement System and payments on account of Social Security as

15

established under 24 Pa.C.S. Pt. IV (relating to retirement for

16

school employees). [For purposes of payments by employers, a

17

charter school shall be considered a school district under 24

18

Pa.C.S. § 8329(a)(1) (relating to payments on account of social

19

security deductions from appropriations).] The market

20

value/income aid ratio used in calculating payments as

21

prescribed in this subsection shall be the market value/income

22

aid ratio for the school district in which the charter school is

23

located or, in the case of a regional charter school, shall be a

24

composite market value/income aid ratio for the participating

25

school districts as determined by the department. Except as

26

otherwise provided, employes of a charter school shall make

27

regular member contributions as required for active members

28

under 24 Pa.C.S. Pt. IV. If the employes of the charter school

29

participate in another retirement plan, then those employes

30

shall have no concurrent claim on the benefits provided to

- 44 -

 


1

public school employes under 24 Pa.C.S. Pt. IV. For purposes of

2

this subsection, a charter school shall be deemed to be a

3

"public school" as defined in 24 Pa.C.S. § 8102 (relating to

4

definitions).

5

* * *

6

Section 30.  Section 1913-A(b)(1.6) of the act, amended July

7

9, 2008 (P.L.846, No.61), is amended to read:

8

Section 1913-A.  Financial Program; Reimbursement of

9

Payments.--* * *

10

(b) * * *

11

(1.6)  For the 2006-2007 fiscal year and each fiscal year

12

thereafter, the payment for a community college shall consist of

13

the following:

14

(i)  Each community college shall receive an amount equal to

15

the reimbursement for operating costs, base supplement and

16

growth supplement amounts it received in the immediately

17

preceding fiscal year.

18

(ii)  Each community college shall receive an economic

19

development stipend as calculated under clause (1.7). The amount

20

available for economic development stipends shall increase each

21

year by the percent increase in the State appropriation for

22

payment of approved operating expenses of community colleges and

23

may include any other private or public funds appropriated or

24

otherwise made available to the Department of Education for that

25

purpose.

26

(iii)  Each community college shall receive a base supplement

27

determined by:

28

(A)  subtracting the total amount of funds determined under

29

subclauses (i) and (ii) from the State appropriation for payment

30

of approved operating expenses of community colleges;

- 45 -

 


1

(B)  dividing the payment under subclause (i) by the sum of

2

the amounts determined for all community colleges under

3

subclause (i); and

4

(C)  multiplying the quotient from paragraph (B) by an amount

5

equal to seventy-five percent (75%) of the amount determined

6

under paragraph (A).

7

(iv)  Each community college with an equivalent full-time

8

enrollment in credit, noncredit and workforce development

9

courses for the year prior to the immediately preceding year

10

greater than its equivalent full-time enrollment in credit,

11

noncredit and workforce development courses for the second year

12

prior to the immediately preceding year shall receive a growth

13

supplement amount determined by:

14

(A)  subtracting its equivalent full-time enrollment in

15

credit, noncredit and workforce development courses for the

16

second year prior to the immediately preceding year from its

17

equivalent full-time enrollment in credit, noncredit and

18

workforce development courses for the year prior to the

19

immediately preceding year;

20

(B)  dividing the difference from paragraph (A) by the sum of

21

the differences from paragraph (A) for all community colleges;

22

and

23

(C)  multiplying the amount from paragraph (B) by an amount

24

equal to twenty-five percent (25%) of the amount determined

25

under subclause (iii)(A).

26

Secondary senior high school students enrolled in credit-

27

bearing, nonremedial college courses shall be included in the

28

calculation under paragraph (A). Calculations under this

29

subclause shall be based upon the audited financial statements

30

submitted by a community college pursuant to subsection (k.1).

- 46 -

 


1

(v)  Subclauses (i), (ii), (iii) and (iv) shall not apply to

2

the 2011-2012 fiscal year.

3

(vi)  For the 2011-2012 fiscal year, each community college

4

shall receive an amount equal to the sum of the following:

5

(A)  A reimbursement for operating costs determined by:

6

(I)  dividing the amount of funding that the community

7

college received in fiscal year 2010-2011 under section

8

1722-L(a)(7) of the act of April 9, 1929 (P.L.343, No.176),

9

known as "The Fiscal Code," by the total amount of funding

10

provided to all community colleges in fiscal year 2010-2011

11

under section 1722-L(a)(7) of "The Fiscal Code"; and

12

(II)  multiplying the quotient under subparagraph (I) by

13

$168,167,000.

14

(B)  An economic development stipend determined by:

15

(I)  dividing the amount of funding that the community

16

college received in fiscal year 2010-2011 under section 1722-

17

L(a)(7) of the act of April 9, 1929 (P.L.343, No.176), known as

18

"The Fiscal Code," by the total amount of funding provided to

19

all community colleges in fiscal year 2010-2011 under section

20

1722-L(a)(7) of The Fiscal Code; and

21

(II)  multiplying the quotient under subparagraph (I) by

22

$44,000,000.

23

* * *

24

Section 31.  Section 2002-C of the act is amended by adding a

25

subsection to read:

26

Section 2002-C.  Duties of public institutions of higher

27

education.

28

* * *

29

(c)  Other duties.--Each public institution of higher

30

education shall do all of the following:

- 47 -

 


1

(1)  Agree to accept with full junior standing the

2

associate of arts or associate of science degree into a

3

parallel baccalaureate program as outlined in paragraph (3)

4

by the timelines established by the Transfer and Articulation

5

Oversight Committee but no later than December 31, 2011. For

6

purposes of this paragraph, an associate of arts or associate

7

of science degree is a degree designed primarily for transfer

8

to a baccalaureate institution and must contain a minimum of

9

60 credits.

10

(2)  Submit to the Department of Education interim

11

reports outlining the actions that the public institution of

12

higher education has undertaken or intends to undertake to

13

comply with paragraph (1).

14

(3)  As a member of the Transfer and Articulation

15

Oversight Committee established in section 2004-C:

16

(i)  Consult with the Department of Education on a

17

process and timeline, subject to approval by the

18

department, to identify the associate of arts or

19

associate of science degree aligned with the graduation

20

requirements of the parallel baccalaureate degree in all

21

public institutions of higher education in consultation

22

with faculty and personnel.

23

(ii)  Identify associate of arts or associate of

24

science degree programs for transfer with full junior

25

standing into a parallel baccalaureate degree in

26

consultation with faculty and personnel in those degree

27

programs by December 31, 2011.

28

(iii)  Identify modifications that may be required in

29

existing associate or baccalaureate degrees to satisfy

30

external accreditation or licensure requirements in

- 48 -

 


1

consultation with faculty and personnel. Approved

2

modifications shall recognize all competencies attained

3

within either the associate or baccalaureate programs.

4

(iv)  Define requirements, in consultation with

5

faculty and personnel, for education degrees, including

6

early childhood education degrees, leading to

7

certification to be included in an associate degree and

8

to be accepted for transfer with full junior standing

9

into a parallel baccalaureate degree program.

10

Section 32.  The act is amended by adding sections to read:

11

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

12

(a)  Identification.--Each State-related institution shall

13

identify 30 credit hours of course content from equivalent

14

courses identified under this article that it will accept from a

15

student accepted for transfer from an institution of higher

16

education participating in this article. A State-related

17

institution shall count a course in the same manner that it

18

would count the same or equivalent course if taken by a student

19

at the State-related institution. A State-related institution

20

that previously identified 30 credit hours shall be deemed to

21

have satisfied the provisions of this subsection.

22

(b)  Posting.--Each State-related institution shall make the

23

information identified under subsection (a) available to the

24

department for posting on the department's publicly accessible

25

Internet website.

26

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

27

construed to do any of the following:

28

(1)  Require a State-related institution to apply a

29

course to graduation or degree requirements if that course or

30

its equivalent course would not be applied to graduation or

- 49 -

 


1

degree requirements if taken at the State-related

2

institution.

3

(2)  Infringe on a State-related institution's sole

4

authority to accept a student for transfer, to determine

5

acceptance into a major, to determine the campus assignment

6

of the student or to determine how many and which credit

7

hours shall apply for the transfer student toward the

8

completion of a degree. The manner in which accepted courses

9

apply toward completion of a degree and whether they are

10

counted for general education, major or free elective credit

11

shall be subject to the requirements established by the

12

accepting State-related institution for each individual major

13

or program of study.

14

(3)  Prohibit a State-related institution's ability to

15

enter into discussions with the department to increase the

16

number of credits under subsection (a).

17

Section 2318.  State aid for fiscal year 2011-2012.

18

Notwithstanding any other provision of law to the contrary,

19

each library subject to the act of June 14, 1961 (P.L.324,

20

No.188), known as The Library Code, shall be eligible for State-

21

aid for fiscal year 2011-2012 which shall consist of the

22

following:

23

(1)  Funds appropriated for libraries shall be

24

distributed to each library under the following formula:

25

(i)  Divide the amount of funding that the library

26

received in fiscal year 2010-2011 under section

27

1722-L(12) of the act of April 9, 1929 (P.L.364, No.176),

28

known as The Fiscal Code, by the total State-aid subsidy

29

for fiscal year 2010-2011.

30

(ii)  Multiply the quotient under subparagraph (i) by

- 50 -

 


1

the total State-aid subsidy for 2011-2012.

2

(2)  Following distribution of funds appropriated for

3

State-aid to libraries, any remaining funds may be

4

distributed at the discretion of the State Librarian.

5

(3)  If funds appropriated for State-aid to libraries in

6

fiscal year 2011-2012 are less than funds appropriated in

7

fiscal year 2002-2003, the State Librarian may waive

8

standards as prescribed in section 103 of The Library Code,

9

relating to hours of operation, continuing professional

10

development, collections, expenditures and other aspects of

11

library operation.

12

(4)  (i)  Each library system receiving State-aid under

13

this section may distribute the local library share of

14

that aid in a manner as determined by the board of

15

directors of the library system.

16

(ii)  Subparagraph (i) shall not apply to a library

17

system operating in a county of the second class.

18

Section 33.  The definition of "average daily membership" in

19

section 2501(3) of the act, amended July 9, 2008 (P.L.846,

20

No.61), is amended to read:

21

Section 2501.  Definitions.--For the purposes of this article

22

the following terms shall have the following meanings:

23

* * *

24

(3)  "Average Daily Membership" shall be computed in

25

accordance with rules of procedure as established by the

26

Secretary of Education. For the purpose of calculating the basic

27

education funding allocation [under section 2502.48] for the

28

2007-2008 school year and each school year thereafter, the

29

computation shall be adjusted for each level of instruction as

30

follows:

- 51 -

 


1

(i)  Half-time prekindergarten and half-time kindergarten: .

2

50;

3

(ii)  full-time prekindergarten, full-time kindergarten,

4

elementary and secondary: 1.00.

5

A child on whose behalf payment is made under section 1514-D

6

shall not be included in this calculation.

7

* * *

8

Section 34.  Section 2502.48(c)(2) of the act, added July 9,

9

2008 (P.L.846, No.61), is amended to read:

10

Section 2502.48.  Basic Education Funding for Student

11

Achievement.--* * *

12

(c)  * * *

13

(2)  [In furtherance of the General Assembly's long-standing

14

commitment to providing adequate funding that will ensure

15

equitable State and local investments in public education and in

16

order to enable students to attain applicable Federal and State

17

academic standards, it is the goal of this Commonwealth to

18

review and meet State funding targets by fiscal year 2013-2014.]

19

(Reserved).

20

Section 35.  Section 2502.49 of the act, added July 9, 2008

21

(P.L.846, No.61), is repealed:

22

[Section 2502.49.  Accountability to Commonwealth

23

Taxpayers.--(a)  In any school district where the amount of

24

basic education funding allocated pursuant to section 2502.48

25

exceeds the amount of basic education funding allocated to the

26

school district in the prior fiscal year by more than the index,

27

the board of school directors shall use one hundred percent

28

(100%) of the portion of the increase that exceeds the index as

29

follows:

30

(1)  At least eighty percent (80%) of such funds shall be

- 52 -

 


1

used to offer any of the following for the first time or to

2

expand any of the following:

3

(i)  Programs that increase the amount of student

4

instructional time, which may include tutoring, an extension of

5

the school day or school calendar or intensive support for

6

students who have limited English proficiency.

7

(ii)  Implementation of new curricula or course offerings

8

that increase the number of students who graduate from high

9

school prepared for college and high-skill careers.

10

(iii)  Training of professional employes in the delivery of a

11

curriculum that increases the number of students who graduate

12

from high school prepared for college and high-skill careers, in

13

strategies for addressing the learning needs of students at risk

14

of academic failure or needing remediation or in strategies to

15

ensure that students stay in school until graduation and

16

successfully transition to postsecondary education or the work

17

force.

18

(iv)  Reduction of class size.

19

(v)  Prekindergarten or full-day kindergarten.

20

(vi)  Incentives for the most effective highly qualified

21

teachers and principals to work in a school identified for

22

improvement or corrective action.

23

(vii)  School library services, which may include the

24

employment of school librarians or additional school library

25

staff or the purchase of printed or electronic materials or

26

other resources for the school library collection.

27

(2)  No more than ten percent (10%) of such funds may be used

28

to maintain existing programs that meet the criteria of

29

paragraph (1) or for one-time costs necessary to the delivery of

30

instruction that shall include books, materials or other

- 53 -

 


1

supplies.

2

(3)  No more than ten percent (10%) of such funds may be used

3

for other programs or activities that are essential to achieving

4

or maintaining academic performance targets and that are based

5

on sound research or for one-time costs necessary to the

6

delivery of instruction that shall include books, materials or

7

other supplies.

8

(b)  The following shall apply:

9

(1)  A school district subject to this section shall submit a

10

plan to the Department of Education no later than August 1,

11

2008, and no later than April 15 of each year thereafter,

12

detailing its intended use of funds subject to this section in

13

the subsequent fiscal year. If a general appropriation bill that

14

includes basic education funding for the applicable fiscal year

15

has not been enacted prior to the deadline, a school district

16

shall base its plan on the amount of basic education funding

17

proposed in an executive budget and posted on the department's

18

Internet website.

19

(2)  The department shall review all plans and may provide

20

recommendations to school districts within forty-five (45) days

21

of receipt of the plan.

22

(3)  Within ninety (90) days of receipt of a plan submitted

23

by a school district identified for warning, improvement or

24

corrective action or a school district with one or more schools

25

identified for improvement or corrective action, the department

26

shall approve or disapprove the plan. The department shall

27

provide a written explanation to the board of school directors

28

of any school district whose plan is disapproved.

29

(4)  A school district whose plan has been disapproved shall

30

amend and resubmit its plan as necessary until approved by the

- 54 -

 


1

department.

2

(c)  The department shall approve any school district

3

achievement plan that:

4

(1)  meets the requirements of this section;

5

(2)  addresses the academic challenges identified in the

6

school district's most recent student achievement results, with

7

specific focus on individual schools, grade levels and

8

populations of students that demonstrate inadequate levels of

9

student achievement; and

10

(3)  in the determination of the department, describes

11

programs and strategies that are most likely to improve student

12

achievement in the school district.

13

(d)  For any school district where approval of a plan is

14

required pursuant to subsection (b), and notwithstanding any

15

other provision of law to the contrary, the department shall

16

withhold the portion of the increase in basic education funding

17

which exceeds the index until such a time as a plan is approved.

18

(e)  The Department of Education shall:

19

(1)  Provide technical assistance to any school district upon

20

request for the development of a plan pursuant to this section.

21

(2)  Determine the form and manner in which school districts

22

shall submit a plan pursuant to this section.

23

(3)  Review all plans submitted to the department and approve

24

or disapprove plans as required pursuant to this section.

25

(f)  Nothing in this section shall supersede or preempt any

26

provisions of a collective bargaining agreement between a school

27

entity and an employe organization in effect on the effective

28

date of this section.]

29

Section 36.  The act is amended by adding a section to read:

30

Section 2502.50.  Basic Education Funding for 2010-2011

- 55 -

 


1

School Year.--(a)  For the 2010-2011 school year, the

2

Commonwealth shall determine the basic education funding

3

allocation as follows:

4

(1)  Calculate a base supplement for each school district by

5

multiplying its average daily membership by the base amount for

6

the funding year.

7

(2)  Calculate an English language learner supplement for

8

each qualifying school district as follows:

9

(i)  Determine the school district's English language learner

10

concentration by dividing its number of enrolled students

11

identified as limited English proficient by its average daily

12

membership for the funding year.

13

(ii)  Multiply the school district's number of students

14

identified as limited English proficient for the funding year by

15

the English language learner factor based on its English

16

language learner concentration.

17

(3)  Calculate a poverty supplement for each qualifying

18

school district as follows:

19

(i)  Determine the school district's poverty concentration by

20

dividing its number of students eligible for free or reduced-

21

price meals under the National School Lunch Program on October

22

31 in the funding year by its average daily membership for the

23

funding year.

24

(ii)  Multiply the school district's number of students

25

eligible for free or reduced-price meals under the National

26

School Lunch Program on October 31 in the funding year by the

27

poverty factor based on its poverty concentration.

28

(4)  Calculate a district size supplement for each qualifying

29

school district by multiplying its average daily membership by

30

the district size factor for the funding year.

- 56 -

 


1

(5)  Add the amounts under paragraphs (1), (2), (3) and (4).

2

(6)  Multiply the sum under paragraph (5) by the State share

3

factor for the funding year.

4

(b)  For the 2010-2011 school year, the Commonwealth shall

5

pay to each school district a basic education funding allocation

6

which shall consist of the following:

7

(1)  An amount equal to its basic education funding

8

allocation for the 2009-2010 school year from the State

9

appropriation and Education Jobs Fund appropriation pursuant to

10

section 2502.48 of this act and section 1722-L(a)(14)(i) and

11

(ii) of the act of April 9, 1929 (P.L.343, No.176), known as

12

"The Fiscal Code."

13

(2)  A student-focused funding supplement calculated with the

14

following factors:

15

(i)  A base amount equal to one hundred dollars ($100).

16

(ii)  An English language learner factor equal to:

17

(A)  the base amount multiplied by three-tenths (0.3), if the

18

school district's English language learner concentration for the

19

2009-2010 school year is less than one percent (1%); or

20

(B)  the base amount multiplied by two-tenths (0.2), if the

21

school district's English language learner concentration for the

22

2009-2010 school year is equal to or greater than one percent

23

(1%).

24

(iii)  A poverty factor equal to:

25

(A)  the base amount multiplied by two-tenths (0.2), if the

26

school district's poverty concentration for the 2009-2010 school

27

year is less than forty percent (40%); or

28

(B)  the base amount multiplied by three-tenths (0.3), if the

29

school district's poverty concentration for the 2009-2010 school

30

year is equal to or greater than forty percent (40%).

- 57 -

 


1

(iv)  A district size factor equal to:

2

(A)  the base amount multiplied by one-tenth (0.1), if the

3

school district's average daily membership for the 2009-2010

4

school year is equal to or less than one thousand (1,000); or

5

(B)  the base amount multiplied by five one-hundredths

6

(0.05), if the average daily membership for the 2009-2010 school

7

year is greater than one thousand (1,000) and less than two

8

thousand three hundred (2,300).

9

(v)  A State share factor equal to:

10

(A)  the school district's 2011-2012 market value/income aid

11

ratio, if its market value/income aid ratio is greater than

12

three thousand ten thousandths (0.3000); or

13

(B)  the lesser of one (1) and the school district's

14

2009-2010 equalized millage divided by the equalized millage

15

that represents the seventy-fifth percentile of the equalized

16

millage of all school districts multiplied by the school

17

district's 2011-2012 market value/income aid ratio, if its

18

market value/income aid ratio is less than or equal to three

19

thousand ten thousandths (0.3000).

20

(3)  Each school district shall receive additional funding

21

equal to the difference between:

22

(i)  the sum of paragraphs (1) and (2); and

23

(ii)  the amount of funding received by the school district

24

under section 2502.48 for the 2007-2008 school year.

25

(4)  An English language learner high incidence supplement

26

calculated for qualifying school districts as follows:

27

(i)  To qualify for the English language learner high

28

incidence supplement, a school district's 2011-2012 market

29

value/income aid ratio as of June 30, 2011, must be equal to or

30

greater than seven thousand ten-thousandths (0.7000) and less

- 58 -

 


1

than eight thousand ten-thousandths (0.8000), its 2009-2010

2

average daily membership must be less than twenty thousand

3

(20,000), and its English language learner concentration must be

4

equal to or greater than six percent (6%).

5

(ii)  The English language learner high incidence supplement

6

shall be calculated for qualifying school districts as follows:

7

(A)  Multiply the qualifying school district's 2009-2010

8

average daily membership by thirteen million dollars

9

($13,000,000).

10

(B)  Divide the product from clause (A) by the sum of the

11

2009-2010 average daily membership for all qualifying school

12

districts.

13

(5)  Each school district with a 2011-2012 market

14

value/income aid ratio as of June 30, 2011, equal to or greater

15

than eight thousand ten thousandths (0.8000) and a 2009-2010

16

average daily membership less than ten thousand (10,000) shall

17

receive additional funding as necessary equal to the difference

18

between State subsidies paid to school districts in the

19

2010-2011 and 2011-2012 fiscal years minus eight percent (8%) of

20

the school district's 2008-2009 total revenue. For the purpose

21

of this paragraph, the difference between State subsidies paid

22

to school districts in the 2010-2011 and 2011-2012 fiscal years

23

shall be calculated by subtracting:

24

(i)  the sum of the amounts paid to the school district in

25

the 2011-2012 fiscal year under paragraphs (1), (2), (3) and (4)

26

and section 2599.2 of this act; from

27

(ii)  the sum of the amounts paid to the school district in

28

the 2010-2011 fiscal year under sections 1603-B and 2591.1 of

29

this act and section 1722-L(a)(9), (10), (14) and (17) of "The

30

Fiscal Code," the appropriation to the Department of Education

- 59 -

 


1

for basic education formula enhancements in section 212 of the

2

act of July 6, 2010 (P.L.1367, No.1A), known as the General

3

Appropriation Act of 2010.

4

(6)  A second class school district supplement calculated for

5

qualifying school districts as follows:

6

(i)  To qualify for a second class school district

7

supplement, a school district must have been classified as a

8

second class school district during the 2000 census, must have

9

received State reimbursements pursuant to section 2591.1 for the

10

2009-2010 school year greater than three million five hundred

11

thousand dollars ($3,500,000) and must have a 2009-2010 average

12

daily membership greater than eight thousand (8,000).

13

(ii)  The second class school district supplement shall be

14

calculated for all qualifying school districts as follows:

15

(A)  Multiply the qualifying school district's 2009-2010

16

average daily membership by one million dollars ($1,000,000).

17

(B)  Divide the product from clause (A) by the sum of the

18

2009-2010 average daily membership for all qualifying school

19

districts.

20

(7)  A personal income supplement calculated for qualifying

21

school districts as follows:

22

(i)  To qualify for the personal income supplement, school

23

districts must meet all of the following criteria:

24

(A)  Be eligible to receive a poverty supplement pursuant to

25

subsection (a)(3) greater than thirty-five thousand dollars

26

($35,000).

27

(B)  Have an average daily membership for the 2009-2010

28

school year greater than five thousand five hundred (5,500).

29

(C)  Have a 2011-2012 market value/income aid ratio as of

30

June 30, 2011, greater than five thousand ten-thousandths

- 60 -

 


1

(0.5000).

2

(D)  Have equalized mills for the 2009-2010 school year

3

greater than twenty-three (23).

4

(E)  The amount of funding received by the school district

5

under section 2502.48 for the year 2007-2008 was less than

6

twenty million dollars ($20,000,000).

7

(F)  Had an adjusted personal income valuation for the 2008

8

tax year of less than nine hundred million dollars

9

($900,000,000).

10

(ii)  The personal income supplement shall be calculated for

11

all qualifying school districts as follows:

12

(A)  Multiply the qualifying school district's 2009-2010

13

average daily membership by its 2011-2012 market value/income

14

aid ratio as of June 30, 2011.

15

(B)  Multiply the product in clause (A) by one million

16

dollars ($1,000,000).

17

(C)  Divide the product from clause (B) by the sum of

18

products in clause (A).

19

(c)  The Department of Education shall withhold up to

20

$25,000,000 from the allocation made under this section to a

21

school district of the first class to be used to pay costs to

22

provide alternative education programs operated either by the

23

district itself or under terms of any contract between the

24

district and a private alternative education institution as

25

defined pursuant to Article XIX-E.

26

Section 37.  Section 2509.1(b.16) and (c) of the act, amended

27

or added June 30, 1995 (P.L.220, No.26) and July 9, 2008

28

(P.L.846, No.61), are amended and the section is amended by

29

adding subsections to read:

30

Section 2509.1.  Payments to Intermediate Units.--* * *

- 61 -

 


1

(b.16)  Up to eleven million five hundred thousand dollars

2

($11,500,000) may be utilized for programs administered and

3

operated by intermediate units during the 2008-2009 through the

4

2010-2011 school [year] years for institutionalized children as

5

established in subsection (b.1).

6

(b.17)  Up to nine million dollars ($9,000,000) may be

7

utilized for programs administered and operated by intermediate

8

units during the 2011-2012 school year and each school year

9

thereafter for institutionalized children as established in

10

subsection (b.1).

11

(c)  For the 1991-1992 through the 2010-2011 school [year and

12

each school year thereafter] years, five percent (5%) of the

13

State special education appropriation shall be paid to the

14

intermediate units on account of special education services. Of

15

this five percent (5%), thirty-five percent (35%) shall be

16

distributed equally among all twenty-nine (29) intermediate

17

units. The remaining sixty-five percent (65%) shall be

18

distributed to each intermediate unit in proportion to the

19

number of average daily membership of the component school

20

districts of each intermediate unit as compared to the Statewide

21

total average daily membership.

22

(c.1)  For the 2011-2012 school year, five and one-half

23

percent (5.5%) of the State special education appropriation

24

shall be paid to intermediate units on account of special

25

education services. Of this five and one-half percent (5.5%),

26

thirty-five percent (35%) shall be distributed equally among all

27

intermediate units. The remaining sixty-five percent (65%) shall

28

be distributed to each intermediate unit in proportion to the

29

number of average daily membership of the component school

30

districts of each intermediate unit as compared to the Statewide

- 62 -

 


1

total average daily membership.

2

* * *

3

Section 38.  Section 2509.5 of the act is amended by adding a

4

subsection to read:

5

Section 2509.5.  Special Education Payments to School

6

Districts.--* * *

7

(aaa)  During the 2009-2010 through the 2011-2012 school

8

years, each school district shall be paid the amount it received

9

during the 2008-2009 school year under subsection (zz). If

10

insufficient funds are appropriated, the payments shall be made

11

on a pro rata basis.

12

Section 39.  Section 2510.1 of the act, added February 1,

13

1966 (1965 P.L.1642, No.580), is amended to read:

14

Section 2510.1.  Payments on Account of Homebound Children.--

15

Every school district, regardless of classification, shall be

16

paid by the Commonwealth for the school year 1966-1967, and for

17

each school year thereafter, on account of the instruction of

18

homebound children, an amount determined by multiplying the

19

mandated minimum hourly rate for instructing homebound children

20

by the district's aid ratio. Payments made to school districts

21

for the instruction of homebound children shall only be made to

22

the extent funds are appropriated for this purpose.

23

Section 40.  Section 2541(f) of the act, added July 20, 2007

24

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

25

Section 2541.  Payments on Account of Pupil Transportation.--

26

* * *

27

(f)  Effective for the 2007-2008 school year, any school

28

district that is required to transport resident students of a

29

distressed school district pursuant to section [1607.1(b)]

30

1607(b) shall be reimbursed by the Commonwealth the additional

- 63 -

 


1

sum of three hundred eighty-five dollars ($385) for each student

2

reassigned to a school district designated pursuant to [section

3

1607.1(a)(1)] section 1607.

4

Section 41.  Section 2599.2(e) of the act is amended by

5

adding a paragraph to read:

6

Section 2599.2.  Pennsylvania Accountability Grants.--* * *

7

(e)  * * *

8

(8)  For the 2010-2011 fiscal year, any funding remaining to

9

be allocated to school districts from the appropriation for

10

Pennsylvania Accountability Grants on or after July 1, 2011,

11

shall be distributed as follows:

12

(i)  Multiply the amount of funding that each school district

13

received from the appropriation before July 1, 2011, by the

14

amount of funding remaining to be allocated to school districts

15

on or after July 1, 2011.

16

(ii)  Divide the product from subparagraph (i) by the sum of

17

the funds allocated from the appropriation to school districts

18

before July 1, 2011.

19

School districts may expend funds received under this paragraph

20

in fiscal year 2010-2011 or fiscal year 2011-2012 on programs

21

authorized under subsection (b).

22

* * *

23

Section 42.  Nothing in the amendment or addition of sections

24

1205.1(f) and 1205.2(a), (f) and (n.1) of the act shall be

25

construed to supersede or preempt any provision of a collective

26

bargaining agreement relating to continuing professional

27

development negotiated by a school entity and an exclusive

28

representative of the employees in accordance with the act of

29

July 23, 1970 (P.L.563, No.195), known as the Public Employe

30

Relations Act, which is in effect on the effective date of this

- 64 -

 


1

section.

2

Section 42.1.  For the 2011-2012 fiscal year, the Department

3

of Education may utilize up to $4,500,000 of undistributed funds

4

not expended, encumbered or committed from appropriations for

5

grants and subsidies made to the department to assist school

6

districts certified on or before June 30, 2010, as an education

7

empowerment district under section 1705-B(h)(3) of the act.

8

Section 43.  Repeals are as follows:

9

(1)  The General Assembly declares that the repeals under

10

paragraph (2) are necessary to effectuate the addition of

11

sections 2002-C(c) and 2006.1-C of the act.

12

(2)  Sections 1737-J, 1737.1-J, 1737-L and 1737.1-L of

13

the act of April 9, 1929 (P.L.343, No.176), known as The

14

Fiscal Code, are repealed.

15

Section 44.  If the date of enactment of this act occurs on

16

or after July 1, 2011, the amendment or addition of sections

17

223, 1134, 2002-C and 2006.1-C of the act shall apply

18

retroactively to June 30, 2011.

19

Section 45.  This act shall take effect as follows:

20

(1)  The amendment of sections 703, 731 and 731.1 of the

21

act shall take effect in 180 days.

22

(2)  The amendment of section 111 of the act shall take

23

effect in 90 days.

24

(3)  The amendment or addition of sections 221.1, 907-A,

25

921-A(a.1), 1201, 1203, 1205.5, 1206, 1207.1 and 1604-A of

26

the act shall take effect immediately.

27

(4)  The amendment or addition of sections 223, 615,

28

1134, 1304, 1376(c.1), 1303-A(c)(1), 1913-A(b)(1.6), 2002-

29

C(c), 2006.1-C, 2318, 2501(3), 2502.48(c)(2), 2502.50,

30

2509.1(b.16), (b.17), (c) and (c.1), 2509.5(aaa), 2510.1,

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1

2541(f) and 2599.2(e)(8) of the act shall take effect July 1,

2

2011, or immediately, whichever is later.

3

(5)  Sections 42.1, 43 and 44 of this act shall take

4

effect July 1, 2011, or immediately, whichever is later.

5

(6)  This section shall take effect immediately.

6

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

7

days.

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