THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SMUCKER, PICCOLA, BAKER, RAFFERTY, FOLMER, EICHELBERGER, ALLOWAY, ERICKSON, ARGALL, BRUBAKER, WAUGH, WILLIAMS, MENSCH, PILEGGI, HUGHES, DINNIMAN, EARLL, WARD AND FERLO, APRIL 12, 2012

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MAY 21, 2012   

AN ACT

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for open campus

initiatives.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

article to read:

ARTICLE XV-G

OPEN CAMPUS INITIATIVES

Section 1501-G.  Legislative intent.

It is the intent of the General Assembly to encourage

collaborative partnerships between school districts for the

purpose of providing expanded access to high-quality curricula

to students in a cost-effective manner through the use of

technology.

Section 1502-G.  Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"Nonparticipating school entity."  A school district, which

is not a party to a cooperative agreement between school

districts, a charter school, cyber charter school, nonpublic

school or home education program provided under section 1327.1.

"Open campus initiative."  A program established under

section 1503-G.

"Participating school district."  A school district which is

party to the cooperative agreement between school districts

establishing the open campus initiative.

Section 1503-G.  Open campus initiatives.

(a)  Establishment.--An open campus initiative may be

established between school districts through a cooperative

agreement.

(b)  Courses.--Courses of an open campus initiative may be

delivered outside of a school building in whole or in part using

technology that may include the Internet, video conferencing or

other electronic means.

(c)  Grades, credit, promotion and graduation.--Course

grades, credit, promotion and graduation policies for students

participating in open campus initiative courses shall be

determined by the school district, charter school, cyber charter

school, nonpublic school or evaluator of a home education

program in which the student is enrolled and the cooperative

agreement between the participating school districts.

(d)  Student eligibility requirements.--Eligibility

requirements for student participation in open campus initiative

courses shall be determined by the school district, charter

school, cyber charter school, nonpublic school or supervisor of

a home education program in which each student is enrolled and

the cooperative agreement between the participating school

districts.

(e)  Nonparticipating school entities.--A cooperative

agreement between participating school districts may provide for

students attending a nonparticipating school entity to

participate in an open campus initiative course.

(f)  Compulsory attendance requirements.--The time during

which a student participates in open campus initiative courses

shall be considered to be compliant with the compulsory

attendance requirements of section 1327.

(g)  Student participation.--The school district, charter

school, cyber charter school, nonpublic school or home education

program in which the student is enrolled shall ensure that a

student participating in open campus initiative courses is

engaged in at least 990 hours of instruction at the secondary

level and 900 hours of instruction at the elementary level.

(h)  Technical assistance.--The department shall provide

technical assistance as needed to school districts establishing

and operating an open campus initiative.

Section 1504-G.  Cooperative agreements.

(a)  Contents.--School districts desiring to establish and

operate an open campus initiative shall develop and enter into a

cooperative agreement that shall, at a minimum, include:

(1)  A policy for grading, credit and promotion of

students participating in open campus initiative courses.

(2)  A policy for participation of students from

participating school districts which shall include minimum

academic and attendance criteria.

(3)  A policy for participation of students from

nonparticipating school entities, which includes a fee

schedule for determining tuition charges for courses

delivered to those students, if the participating school

districts allow participation of students from

nonparticipating school entities.

(4)  A policy for discipline and removal of students from

open campus initiative courses in compliance with State law

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related to student discipline.

(5)  Information about the attribution of student data to

the school district, charter school, cyber charter school,

nonpublic school or home education program in which the

student is enrolled, including student assessment data.

(6)  Information about the sharing of costs between the

participating school districts.

(7)  Information about the use and distribution of

tuition revenue.

(8)  Processes for adding and removing open campus

initiative courses.

(9)  Processes for termination of the open campus

initiative.

(b)  Adoption by boards of school directors.--Each open

campus initiative cooperative agreement shall be adopted by

majority vote of the board of school directors of each of the

participating school districts.

Section 1505-G.  Reimbursements by the Commonwealth.

For the purpose of making reimbursements under Article XXV, a

student participating in an open campus initiative shall be

considered to be enrolled in the school district, charter

school, cyber charter school, nonpublic school or home education

program which determines the student's eligibility for

participation in the open campus initiative.

Section 1506-G.  Parental and public information.

All policies related to an open campus initiative shall be

made accessible to parents and posted on the participating

school districts' publicly accessible Internet websites.

Section 1507-G.  Students with disabilities.

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Nothing in this article or in any policy or cooperative

agreement developed under this article shall conflict with:

(1)  Federal or State law regarding the protections

provided to a student with a disability for receiving

education in the least restrictive environment.

(2)  The legal authority of an individualized education

program team to make appropriate program and placement

decisions for a student with a disability in accordance with

the student's individualized education program.

Section 2.  This act shall take effect in 60 days 

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immediately.

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