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PRIOR PRINTER'S NOS. 141, 2257
PRINTER'S NO. 2609
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
178
Session of
2017
INTRODUCED BY DAY, STAATS, KAVULICH, DRISCOLL, CONKLIN, SAYLOR,
O'NEILL, DONATUCCI, D. COSTA, MARSICO, WARD, GABLER, PEIFER,
R. BROWN, KORTZ, PHILLIPS-HILL, BARBIN, MICCARELLI, ROE AND
JOZWIAK, JANUARY 23, 2017
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 2017
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," in preliminary provisions, further
providing for Keystone Exams and providing for Every Student
Succeeds Act State Plan Review; in school directors,
providing for school director training programs; in school
district financial recovery, further providing for additional
criteria and providing for financial administrator in
financial watch school district; in grounds and buildings,
further providing for limitation on new applications for
Department of Education approval of public school building
projects; in district superintendents and assistant district
superintendents, further providing for reports, for manner of
election or approval and for term and salary of assistants;
in professional employees, further providing for causes for
suspension, for persons to be suspended and for appeals to
superintendent of public instruction; in certification of
teachers, further providing for granting provisional college
certificates and for evaluation of applications for
certification; in pupils and attendance, further providing
for nonprofit school food program; in drug and alcohol
recovery high school pilot program, further providing for
establishment of drug and alcohol recovery high school pilot
program, for scope of program and selection of students, for
establishment and payment of tuition, for term of drug and
alcohol recovery high school pilot program and for reporting;
in terms and courses of study, further providing for fire and
emergency evacuation drills, for alcohol, chemical and
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tobacco abuse program and for agriculture education and
providing for Commission for Agricultural Education
Excellence; IN CHARTER SCHOOLS, PROVIDING FOR MULTIPLE
CHARTER SCHOOL ORGANIZATIONS; in community colleges, further
providing for financial program and reimbursement of payments
and repealing provisions relating to annual report; in rural
regional college for underserved counties, further providing
for establishment; IN EDUCATIONAL TAX CREDITS, FURTHER
PROVIDING FOR LIMITATIONS; in transfers of credits between
institutions of higher education, further providing for
definitions, for duties of public institutions of higher
education and for Transfer and Articulation Oversight
Committee; in funding for public libraries, providing for
State aid for fiscal year 2017-2018; in reimbursements by
Commonwealth and between school districts, further providing
for definitions, for student-weighted basic education
funding, for payments to intermediate units, for assistance
to school districts declared to be in financial recovery
status or identified for financial watch status and for
Ready-to-Learn Block Grant; in State Board of Education,
further providing for powers and duties of the board; further
providing for the applicability of Act 2016-138; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 121(b)(1) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended February 3, 2016 (P.L.1, No.1), is amended to read:
Section 121. Keystone Exams.--* * *
(b) The following shall apply:
(1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24 (relating to high school graduation requirements), 4.51
(relating to State assessment system) or 4.51c (relating to
project-based assessment) or any statute or regulation to the
contrary, the use of the Keystone Exams as a graduation
requirement or as a benchmark for the need for participation in
a project-based assessment shall be delayed until the [2018-
2019] 2019-2020 school year.
* * *
Section 2. The act is amended by adding sections to read:
Section 126. Every Student Succeeds Act State Plan Review.--
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(a) A new State STATE plan SUBMISSIONS shall be developed by
the department under section 1111 of the Elementary and
Secondary Education Act of 1965 (Public Law 89-110, 20 U.S.C. §
6311), as amended by the Every Student Succeeds Act (Public Law
114-95, 129 Stat. 1802), and submitted to the General Assembly
as follows:
(1) The department shall develop the State plan SUBMISSIONS
with timely and meaningful consultation with the chair and
minority chair of the Education Committee of the Senate and the
chair and minority chair of the Education Committee of the House
of Representatives, with opportunity for input into the plan's
STATE PLAN SUBMISSION'S formation. Consultation shall occur with
regard to the initiatives that are newly created or that retain
or modify existing law and OR regulation with regard to the
following:
(i) The use and format of student academic assessments,
adjustments or alternatives to existing student academic
assessments.
(ii) Ongoing parental involvement in assessment and
accountability measures.
(iii) Teacher evaluation and accountability.
(iv) Low-performing school assessment and improvement.
(v) Vocational and career education academic assessments,
pathways and standards.
(vi) Comparability and fairness in assessments of school
districts, intermediate units, area vocational-technical
schools, charter schools and cyber charter schools.
(vii) School district or school building performance
measures.
(viii) Contracting standards with regard to a third-party
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provision of the assessments or evaluations provided for in the
State plan.
(2) The department shall not submit an initial MAKE A State
plan SUBMISSION to the United States Secretary of Education
until the Education Committee of the Senate and the Education
Committee of the House of Representatives have been provided at
least fifteen (15) days, prior to the date of submission, to
review and comment on the State plan SUBMISSION . The department
shall present the initial State plan SUBMISSION at a joint
hearing of the Education Committee of the Senate and the
Education Committee of the House of Representatives, if
requested.
(3) Any future State plan submissions shall require the
department to present the details of the submission at a joint
hearing of the Education Committee of the Senate and the
Education Committee of the House of Representatives, if
requested. The department shall provide the committees with at
least fifteen (15) days to review and comment on the State plan
prior to any submission.
(4) The initial (3) ANY State plan submission and any
future submissions by the department shall include the comments
submitted by the Education Committee of the Senate and the
Education Committee of the House of Representatives.
(5) (4) The department shall report on a quarterly basis to
the Education Committee of the Senate and the Education
Committee of the House of Representatives regarding the progress
toward implementation of the State plan and its components.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
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"Department." The Department of Education of the
Commonwealth.
"State plan." The State plan prepared by the department for
the Commonwealth to implement, and submitted to the United
States Secretary of Education for approval as provided in,
section 1111 of the Elementary and Secondary Education Act of
1965. The term includes:
(1) A provision within the State plan that is an election by
the department to retain and modify an existing law or
regulation and a provision that will necessitate the enactment
of laws or the promulgation of regulations.
(2) A revision of the State plan which is:
(i) required by the United States Secretary of Education
based on Federal law or its regulations;
(ii) pursued under a waiver process authorized under Federal
law; or
(iii) required by a Federal reauthorization.
Section 328. School Director Training Programs.--(a)
Beginning in the 2018-2019 school year and in each school year
thereafter, the following shall apply:
(1) Each newly elected or appointed school director shall
complete, during the first year of the school director's first
term, a training program made available by the Department of
Education, in consultation with a Statewide organization
representing school directors and a Statewide organization
representing school business officials, pertaining to the skills
and knowledge necessary to serve as a school director. The
training program shall consist of a minimum of four (4) hours of
instruction, including, at a minimum, information regarding the
following:
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(i) Instruction and academic programs.
(ii) Personnel.
(iii) Fiscal management.
(iv) Operations.
(v) Governance.
(vi) Ethics and open meetings, to include the requirements
under 65 Pa.C.S. Pt. II (relating to accountability).
(2) Within one (1) year after each reelection or
reappointment to the board of school directors, each school
director shall complete an advanced training program made
available by the Department of Education in consultation with a
Statewide organization representing school directors and a
Statewide organization representing school business officials.
The advanced training program shall consist of a minimum of two
(2) hours of instruction, including information on relevant
changes to Federal and State public school law and regulations,
fiscal management and other information deemed appropriate by
the Department of Education to enable the school director to
serve effectively.
(3) The training programs required under this subsection
shall be made available by the Department of Education at no
cost to school districts or school directors. The Department of
Education shall approve alternative training programs that
fulfill the requirements of this subsection which may be
provided by school districts, intermediate units, postsecondary
institutions or Statewide education organizations. The
department shall post on its publicly accessible Internet
website all alternative training programs approved under this
paragraph.
(4) This subsection shall apply to members of a school
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reform commission established under section 696, provided that
the training programs provided to members of a school reform
commission shall include information regarding sections 693 and
696 and other information deemed appropriate to enable a member
of a school reform commission to serve effectively.
(b) Beginning in the 2018-2019 school year, and in each
school year thereafter, the following shall apply:
(1) Each newly appointed trustee of a charter school entity
shall complete, within the trustee ' s first year of service, a
training program made available by the Department of Education,
in consultation with Statewide organizations representing
charter school entities, pertaining to the skills and knowledge
necessary to serve as a charter school entity trustee. The
training program shall consist of a minimum of four (4) hours of
instruction, including, at a minimum, the information listed in
subsection (a)(1) and information concerning Article XVII-A.
(2) During the fifth year of a trustee ' s service on the
board of trustees and every four (4) years thereafter, each
trustee shall complete an advanced training program made
available by the Department of Education in consultation with
Statewide organizations representing charter school entities.
The advanced training program shall consist of a minimum of two
(2) hours of instruction, including information on relevant
changes to Federal and State public school law and regulations,
including Article XVII-A, fiscal management and other
information deemed appropriate by the Department of Education to
enable the trustee to serve effectively.
(3) The training programs required under this subsection
shall be made available by the Department of Education at no
cost to charter school entities or charter school entity
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trustees. The Department of Education shall approve alternative
training programs that fulfill the requirements of this
subsection which may be provided by charter school entities,
school districts, intermediate units, postsecondary
institutions, Statewide organizations representing charter
school entities or other Statewide education organizations. The
department shall post on its publicly accessible Internet
website all alternative training programs approved under this
paragraph.
(c) The Department of Education or any other entity
providing training programs under this section shall examine
options for making the training programs available through
online or other distance learning media or through regional-
based training.
(d) As used in this section, " charter school entity " shall
mean a charter school, regional charter school or cyber charter
school.
Section 3. Section 694-A of the act, added July 13, 2016
(P.L.716, No.86), is amended to read:
Section 694-A. Additional criteria.
(a) Notification to school districts and plan.--
(1) The secretary shall notify each school district that
receives educational access program funding that is equal to
or greater than $2,000,000 in any one fiscal year, and
$4,000,000 in any one fiscal year beginning with the 2017-
2018 fiscal year, that the school district has been
identified for financial watch status.
(2) A school district identified for financial watch
status under this subsection shall receive technical
assistance as a financial watch district from the department
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as provided for in section 611-A(b) and shall develop a plan
to improve the school district's finances based on the
technical assistance provided by the department for approval
by the secretary. The plan shall be submitted to the
secretary no later than 180 days after the school district
has been identified for financial watch status under this
subsection.
(3) Each year after the initial submission of the plan,
until the secretary determines otherwise, a school district
subject to this subsection shall submit a report to the
secretary outlining the status of the school district's plan,
meet with the secretary or a designee of the secretary to
review the report and the status of the school district's
finances and hold an annual public hearing regarding the
plan.
(b) Publication of plan.--A copy of the school district's
approved plan and any subsequent annual reports to the secretary
shall be posted on the publicly accessible Internet website of
the school district and transmitted to the chairperson and
minority chairperson of the Appropriations Committee of the
Senate, the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives, the
chairperson and minority chairperson of the Education Committee
of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives.
(c) Nonapplicability.--The duty to submit an annual plan
under subsection (a)(2) and (3) shall not apply to a school
district that has been placed under the supervision of a
financial administrator under section 695-A.
Section 4. The act is amended by adding a section to read:
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Section 695-A. Financial administrator in financial watch
school district.
(a) Appointment of financial administrator.--A school
district that has been identified for financial watch status
under section 694-A and, in the 2017-2018 fiscal year or any
fiscal year thereafter, receives educational access program
funding shall be placed under the supervision of a financial
administrator. The financial administrator:
(1) Shall be appointed by the Governor from a list of at
least three names submitted by the President pro tempore of
the Senate within 30 days of the effective date of this
section.
(2) Must possess knowledge and experience in such areas
as business administration, budget development or fiscal
management and facilities management.
(3) Shall be considered a Commonwealth employee.
(4) Shall be paid by the department for actual and
necessary expenses incurred in the performance of the duties
as a financial administrator and a reasonable salary, as
determined by the secretary.
(b) Powers and duties of the financial administrator.--The
financial administrator shall:
(1) Have complete access to the school district finances
and may engage an independent audit of the school district at
any time.
(2) Utilize the expertise of the department or hire
technical staff as necessary to assist in the development of
the financial improvement plan.
(c) Financial improvement plan development.--The financial
administrator shall develop a financial improvement plan in
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consultation with the secretary that includes:
(1) Performance goals, benchmarks and timetables to
improve the financial performance and ensure fiscal solvency
of the school district.
(2) Cash flow analysis.
(3) Projections of revenues and expenditures for the
current year and next five years, both assuming the
continuation of present operations and as impacted by
measures included in the plan.
(4) Annual training for members of the board of school
directors, to include no less than 10 hours in school finance
and policy provided by a Statewide organization specializing
in school finance and administration and approved by the
financial administrator.
(5) Facility maintenance and improvement.
(d) Financial improvement plan requirements.--The financial
administrator shall review existing school policy and procedure
and may require changes to be included in the financial
improvement plan regarding:
(1) Accounting and automation procedures.
(2) Permanent staffing levels.
(3) Performance goals that administrative staff must
meet for contract renewal.
(4) Changes in school district policy.
(5) Sale, lease, conveyance, assignment or disposition
of school district assets.
(6) Consolidation of existing school buildings, existing
noninstructional programs or other school district services.
(7) Greater use of intermediate unit programs.
(e) Plan approval.--When the financial administrator
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completes the financial improvement plan, the financial
administrator shall submit the plan to the secretary for
approval and provide a copy to the board of school directors.
Within 45 days of submission of the plan, the secretary shall
approve or disapprove the plan. If the secretary disapproves the
plan, the secretary shall include suggested revisions to the
plan that will allow for the plan to be resubmitted and
approved.
(f) Report of final financial improvement plan.--When the
financial improvement plan is approved by the secretary, the
financial administrator and the secretary shall present the plan
to the board of school directors at a public meeting and
transmit copies of the plan to the Governor and the chair and
minority chair of the Appropriations Committee of the Senate,
the chair and minority chair of the Education Committee of the
Senate, the chair and minority chair of the Appropriations
Committee of the House of Representatives and the chair and
minority chair of the Education Committee of the House of
Representatives. The school district shall post the final
financial improvement plan and any subsequent revision on the
school district's publicly accessible Internet website.
(g) Implementation of financial improvement plan.--
(1) The board of school directors shall reopen the
school district's budget and revise its budget and other
policies to reflect the financial improvement plan. Future
budgets and policies shall adhere to the financial
improvement plan as determined by the financial
administrator.
(2) At any time, the financial administrator may make
revisions to the plan as necessary with the approval of the
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secretary.
(h) Noncompliance with financial improvement plan.--If the
financial administrator and the secretary determine that the
board of school directors has not complied with the provisions
of the plan, the financial administrator shall assume the
authority of the school board of SCHOOL directors, except for
the authority to levy taxes under section 507, and implement the
provisions of the financial improvement plan in consultation
with the secretary.
(i) Removal from financial watch status.--The financial
administrator, upon consultation with the secretary, PROVIDED
THAT THE SCHOOL DISTRICT HAS DEMONSTRATED THE ABILITY TO
MAINTAIN A STRUCTURALLY BALANCED BUDGET, may remove the school
district from financial watch status and, at that time, the
provisions of this section shall no longer apply to the school
district.
Section 5. Sections 732.1(a), 1006, 1073(b), 1077(b), 1124,
1125.1 and 1131 of the act are amended to read:
Section 732.1. Limitation on New Applications for Department
of Education Approval of Public School Building Projects.--(a)
For the 2012-2013 fiscal year [and the], 2013-2014 fiscal year
and 2017-2018 fiscal year, the Department of Education shall not
accept or approve new school building construction or
reconstruction project applications. [Completed school building
construction or reconstruction project applications received by
the Department of Education by October 1, 2012, are not subject
to this provision.]
* * *
Section 1006. Reports.--Every district superintendent shall
[annually, on or before the first Monday of August, forward to
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the Superintendent of Public Instruction the reports of the
several school districts under his supervision, and shall
accompany the same with such extended report of the public
schools under his supervision as he may think proper, suggesting
such improvements or changes in the public school system as he
may see fit to suggest. He shall further] furnish to the
[Superintendent of Public Instruction] Secretary of Education,
whenever required so to do, such additional reports and
information as the [Superintendent of Public Instruction]
Secretary of Education may request.
Section 1073. Manner of Election or Approval.--* * *
(b) At a [regular] public meeting of the board of school
directors occurring at least [one hundred fifty (150)] ninety
(90) days prior to the expiration date of the term of office of
the district superintendent, the agenda shall include an item
requiring affirmative action by five or more members of the
board of school directors to notify the district superintendent
that the board intends to retain him for a further term of three
(3) to five (5) years or that another or other candidates will
be considered for the office. In the event that the board fails
to take such action at a [regular] public meeting of the board
of school directors occurring at least [one hundred fifty (150)]
ninety (90) days prior to the expiration date of the term of
office of the district superintendent, [he shall continue in
office for a further term of similar length to that] the term of
office which he is currently serving[.] shall be extended one
time for a one (1) year period, upon the conclusion of which the
term of office shall terminate unless the board has taken action
prior to the end of the one (1) year extension to retain the
district superintendent for a further term as provided in this
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subsection. The notification shall not prevent the
superintendent from being considered for or appointed to a
further term of office notwithstanding the consideration of
other candidates.
* * *
Section 1077. Term and Salary of Assistants.--* * *
(b) At a [regular] public meeting of the board of school
directors occurring at least [one hundred fifty (150)] ninety
(90) days prior to the expiration date of the term of office of
the assistant district superintendent, the agenda shall include
an item requiring affirmative action by five (5) or more members
of the board of school directors to notify the assistant
district superintendent that the board intends to retain him for
a further term extending through the term of the school district
superintendent or of three (3) to five (5) years or instead that
another or other candidates will be considered for the office.
In the event that the board fails to take such action at a
[regular] public meeting of the board of school directors
occurring at least [one hundred fifty (150)] ninety (90) days
prior to the expiration date of the term of office of the
assistant district superintendent, [he shall continue in office
for a further term of similar length to that] the term of office
which he is currently serving[.] shall be extended one time for
a one (1) year period, upon the conclusion of which the term of
office shall terminate unless the board has taken action prior
to the end of the one (1) year extension to retain the assistant
district superintendent for a further term as provided in this
subsection. The notification shall not prevent the assistant
district superintendent from being considered for or appointed
to a further term of office notwithstanding the consideration of
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other candidates.
Section 1124. Causes for Suspension.--(a) Any board of
school directors may suspend the necessary number of
professional employes, for any of the causes hereinafter
enumerated:
(1) substantial decrease in pupil enrollment in the school
district;
(2) curtailment or alteration of the educational program on
recommendation of the superintendent and on concurrence by the
board of school directors, as a result of substantial decline in
class or course enrollments or to conform with standards of
organization or educational activities required by law or
recommended by the Department of [Public Instruction] Education;
(3) consolidation of schools, whether within a single
district, through a merger of districts, or as a result of joint
board agreements, when such consolidation makes it unnecessary
to retain the full staff of professional employes; [or]
(4) when new school districts are established as the result
of reorganization of school districts pursuant to Article II.,
subdivision (i) of this act, and when such reorganization makes
it unnecessary to retain the full staff of professional
employes[.]; or
(5) economic reasons that require a reduction in
professional employes.
(a.1) The following apply:
(1) A school district may not use an employe's compensation
in determining which professional employes to suspend, but shall
use the procedures in section 1125.1 to determine the order in
which professional employes are suspended.
(2) A chief school administrator or other administrator who
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knowingly approves a suspension that violates paragraph (1)
shall have a letter from the Secretary of Education indicating
the violation included as part of the individual's permanent
employment record.
(b) Notwithstanding an existing or future provision in a
collective bargaining agreement or other similar employment
contract to the contrary, suspension of a professional employe
due to the curtailment or alteration of the educational program
as set forth in subsection (a)(2) may be effectuated without the
approval of the curtailment or alteration of the educational
program by the Department of Education, provided that, where an
educational program is altered or curtailed as set forth in
subsection (a)(2), the school district shall notify the
Department of Education of the actions taken pursuant to
subsection (a)(2). The Department of Education shall post all
notifications received from a school district pursuant to this
subsection on the Department of Education's publicly accessible
Internet website.
(c) The following shall apply in the case of a suspension
pursuant to subsection (a)(5) in which a board of school
directors suspends professional employes who are assigned to
provide instruction directly to students:
(1) A board of school directors may suspend the necessary
number of professional employes assigned to provide instruction
directly to students only if the board of school directors also
suspends at least an equal percentage proportion of
administrative staff.
(2) The Secretary of Education may grant a board of school
directors a waiver of paragraph (1) if all of the following
apply:
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(i) The Secretary of Education determines that the school
district's operations are already sufficiently streamlined or
the suspension of administrative staff pursuant to paragraph (1)
would cause harm to school stability and student programs.
(ii) The Secretary of Education submits the determination to
the State Board of Education.
(iii) The State Board of Education approves the
determination by a majority of its members.
(3) Any five administrative staff positions selected by the
board of school directors, one of whom shall be the business
manager of the school district or another staff member with the
primary responsibility of managing the business operations of
the school district, shall be exempt from the requirements of
paragraph (1).
(d) A board of school directors may suspend professional
employes pursuant to subsection (a)(5) only if all of the
following apply:
(1) The board of school directors approves the proposed
suspensions by a majority vote of all school directors at a
public meeting of the board of school directors.
(2) No later than sixty (60) days prior to the date of
adoption of a final budget, the board of school directors has
adopted a resolution of intent to suspend professional employes
in the following fiscal year, which shall set forth the
following:
(i) The economic conditions of the school district making
the proposed suspensions necessary and how those economic
conditions will be alleviated by the proposed suspensions,
including:
(A) The total cost savings expected to result from the
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proposed suspensions.
(B) A description of other cost-saving actions taken by the
board of school directors, if any.
(C) The projected expenditures of the school district for
the following fiscal year with and without the proposed
suspensions.
(D) The projected total revenues of the school district for
the following fiscal year.
(ii) The number and percentage of employes to be suspended
who are professional employes assigned to provide instruction
directly to students.
(iii) The number and percentage of employes to be suspended
who are administrative staff.
(iv) The number and percentage of employes to be suspended
who are professional employes who are not assigned to provide
instruction directly to students and who are not administrative
staff.
(v) The impact of the proposed suspensions on academic
programs to be offered to students following the proposed
suspensions, as well as the impact on academic programs to be
offered to students if the proposed suspensions are not
undertaken, compared to the current school year, and the
actions, if any, that will be taken to minimize the impact on
student achievement.
(e) Following the 2021-2022 school year, the Legislative
Budget and Finance Committee shall conduct a study of the
effectiveness of the provisions of subsections (a)(5), (c) and
(d) and section 1125.1, including whether these provisions of
law are being used effectively by school districts to improve
school district efficiency and the impact of these provisions on
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programs offered to students, as well as the impact on programs
that would have been offered to students if these provisions had
not been enacted, if such information is available, and shall
deliver a written report of its findings to the Governor, the
chairperson and minority chairperson of the Education Committee
of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives by
December 31, 2022.
(f) The following apply:
(1) A collective bargaining agreement negotiated by a school
district and an exclusive representative of professional
employes in accordance with the act of July 23, 1970 (P.L.563,
No.195), known as the "Public Employe Relations Act," after the
effective date of this subsection may not prohibit the
suspension of professional employes for economic reasons other
than as provided for in this section.
(2) A provision in any agreement or contract in effect on
the effective date of this subsection that prohibits the
suspension of professional employes for economic reasons in
conflict with this section shall be discontinued in any new or
renewed agreement or contract or during the period of status quo
following an expired contract.
Section 1125.1. Persons to be Suspended.--(a) Professional
employes shall be suspended under section 1124 [(relating to
causes for suspension) in inverse order of seniority within the
school entity of current employment. Approved leaves of absence
shall not constitute a break in service for purposes of
computing seniority for suspension purposes.] in the following
order, within the area of certification required by law for the
professional employe's current position:
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(1) Each professional employe who received, on the
professional employe's two most recent annual performance
evaluations, consecutive ratings that are considered
unsatisfactory pursuant to section 1123 shall be suspended
first.
(2) After suspending professional employes under paragraph
(1), each professional employe who received, on the professional
employe's two most recent annual performance evaluations, one
rating that is considered unsatisfactory pursuant to section
1123 and one rating that is considered satisfactory pursuant to
section 1123 shall be suspended second.
(3) After suspending professional employes pursuant to
paragraph (2), each professional employe who received, on the
professional employe's two most recent annual performance
evaluations, consecutive ratings which are considered
satisfactory pursuant to section 1123 and which are either
consecutive ratings of "proficient" or a combination of one
rating of "proficient" or "distinguished" and one rating of
"needs improvement" pursuant to section 1123 shall be suspended
third.
(4) After suspending professional employes pursuant to
paragraph (3), each professional employe who received, on the
professional employe's two most recent annual performance
evaluations, consecutive ratings which are considered
satisfactory pursuant to section 1123, and which are consecutive
ratings of "distinguished" or a combination of one rating of
"proficient" and one rating of "distinguished" pursuant to
section 1123 shall be suspended last.
(a.1) When more professional employes receive the same
overall performance rating than there are suspensions, seniority
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within the school entity and within the area of certification
required by law for the professional employe's current position
shall be used to determine suspensions among professional
employes with the same overall performance rating on the
professional employe's two most recent annual performance
evaluations pursuant to section 1123. An approved leave of
absence shall not constitute a break in service for purposes of
computing seniority for suspension purposes.
(a.2) Seniority shall continue to accrue during suspension
and all approved leaves of absence.
(b) Where there is or has been a consolidation of schools,
departments or programs, all professional employes shall retain
the seniority rights they had prior to the reorganization or
consolidation.
[(c) A school entity shall realign its professional staff so
as to insure that more senior employes are provided with the
opportunity to fill positions for which they are certificated
and which are being filled by less senior employes.]
(d) The following apply:
(1) No suspended employe shall be prevented from engaging in
another occupation during the period of suspension.
(2) Suspended professional employes or professional employes
demoted for the reasons set forth in section 1124 shall be
reinstated [on the basis of their seniority within the school
entity.] in the following order, within the area of
certification required by law for the vacancy being filled and
within the school entity:
(i) Professional employes suspended pursuant to subsection
(a)(4) shall be reinstated first, on the basis of their
seniority within the school entity.
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(ii) After reinstating professional employes under subclause
(i), professional employes suspended pursuant to subsection (a)
(3) shall be reinstated second, on the basis of their seniority
within the school entity.
(iii) After reinstating professional employes under
subclause (ii), professional employes suspended pursuant to
subsection (a)(2) shall be reinstated third, on the basis of
their seniority within the school entity.
(iv) After reinstating professional employes under subclause
(iii), professional employes suspended pursuant to subsection
(a)(1) shall be reinstated last, on the basis of their seniority
within the school entity.
No new appointment shall be made while there is such a suspended
or demoted professional employe available who is properly
certificated to fill such vacancy. For the purpose of this
subsection, positions from which professional employes are on
approved leaves of absence shall also be considered temporary
vacancies.
(3) To be considered available a suspended professional
employe must annually report to the governing board in writing
his current address and his intent to accept the same or similar
position when offered.
(4) A suspended employe enrolled in a college program during
a period of suspension and who is recalled shall be given the
option of delaying his return to service until the end of the
current semester.
(e) Nothing contained in [section 1125.1(a) through (d)]
this section shall be construed to:
(1) limit the cause for which a temporary professional
employe may be suspended; or
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(2) supersede or preempt any provisions of a collective
bargaining agreement negotiated by a school entity and an
exclusive representative of the employes in accordance with the
act of July 23, 1970 (P.L.563, No.195), known as the "Public
Employe Relations Act"; however, no agreement shall prohibit the
right of a professional employe who is not a member of a
bargaining unit from retaining seniority rights under the
provisions of this act.
(f) A decision to suspend in accordance with this section
shall be considered an adjudication within the meaning of the
"Local Agency Law."
(g) The following apply:
(1) No collective bargaining agreement negotiated by a
school district and an exclusive representative of the employes
in accordance with the "Public Employe Relations Act" after the
effective date of this subsection shall provide for suspending,
reinstating or realigning professional employes based on
seniority other than as provided for in this section.
(2) Upon the expiration, amendment or adoption of any
agreement or contract, a provision that provides for suspending,
reinstating or realigning professional employes based on
seniority in conflict with section 1124 or this section shall be
discontinued in any new or renewed agreement or contract or
during the period of status quo following an expired contract.
Section 1131. Appeals to [Superintendent of Public
Instruction] Secretary of Education.--In case the professional
employe concerned considers himself or herself aggrieved by the
action of the board of school directors, an appeal by petition,
setting forth the grounds for such appeal, may be taken to the
[Superintendent of Public Instruction] Secretary of Education at
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Harrisburg. Such appeal shall be filed within [thirty (30)]
fifteen (15) days after receipt by registered mail of the
written notice of the decision of the board. A copy of such
appeal shall be served by registered mail on the secretary of
the school board.
The [Superintendent of Public Instruction] Secretary of
Education shall fix a day and time for hearing, which shall be
not sooner than ten (10) days nor more than thirty (30) days
after presentation of such petition, and shall give written
notice to all parties interested.
The [Superintendent of Public Instruction] Secretary of
Education shall review the official transcript of the record of
the hearing before the board, and may hear and consider such
additional testimony as he may deem advisable to enable him to
make a proper order. At said hearing the litigants shall have
the right to be heard in person or by counsel or both.
After hearing and argument and reviewing all the testimony
filed or taken before him, the [Superintendent of Public
Instruction] Secretary of Education shall enter such order,
either affirming or reversing the action of the board of school
directors, as to him appears just and proper.
Section 6. Section 1204 of the act, amended July 13, 2016
(P.L.716, No.86), is amended to read:
Section 1204. Granting Provisional College Certificates.--
The Secretary of Education may grant a provisional college
certificate to every person who presents to the Department of
Education satisfactory evidence of good moral character, and of
being a graduate of an approved college or university, who has
completed such work in education as may be required by the
standards of the State Board of Education, and to every person
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who presents to the Department of Education satisfactory
evidence of good moral character, and of being a graduate of
music, with the degree of bachelor of music of an approved
college or university, who has during such musical course
completed the prescribed number of hours of professional
studies, which certificate shall entitle the individual to teach
for three annual school terms, and may be renewed for one
additional three-year period in accordance with standards to be
established by the State Board of Education. The Department of
Education shall process an application for provisional college
certification submitted by an individual who is a member of the
United States Armed Forces, including a reserve component or
National Guard, or a veteran, or the spouse of the member of the
United States Armed Forces or the spouse of the veteran, within
fourteen (14) days of the date the department received the
completed application. For the purposes of this section, the
term "veteran" shall mean an individual who has served in the
United States Armed Forces, including a reserve component or
National Guard, and who was discharged or released from such
service under conditions other than dishonorable.
Section 7. Sections 1216 and 1337(d) of the act are amended
to read:
Section 1216. Evaluation of Applications for
Certification.--(a) All applications for certification shall be
evaluated in their entirety. The Department of Education shall
notify the applicant if the application is incomplete and
include a listing of all materials or information needed to
complete the application. The applicant's pending application
shall remain open for one year following the date of such
notification. No letter of denial of certification shall be
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issued unless all deficiencies in the application are stated in
the letter of denial.
(b) The grade point average used by the department in
evaluating the grade point average requirements for
certification pursuant to 22 Pa. Code § 354.24 (relating to
academic performance) shall be as follows:
(1) For applicants whose initial preparation culminated in a
bachelor's degree or higher prior to October 7, 2000, the grade
point average in effect on the date of application for
certification.
(2) For applicants whose initial preparation culminates in a
bachelor's degree or higher on or after October 7, 2000, the
grade point average in effect on the date of graduation.
(c) A teacher preparation program approved by the Department
of Education shall recommend applicants for certification who
meet either of the standards for grade point average set forth
in 22 Pa. Code § 354.33(5) or (6) (relating to professional
competency).
(d) (1) A teacher preparation program approved by the
Department of Education shall not require a student enrolled in
the program to obtain a passing score on an assessment
administered pursuant to 22 Pa. Code § 49.18 (relating to
assessment) as a condition of program completion or graduation
or include the student's score on the assessment as a component
of a student's grade in any course, provided that the
observational assessment of professional knowledge and practice
may be included as a component of a student's student teaching
grade.
(2) Subject to section 1207.3(a), a teacher preparation
program approved by the Department of Education shall not
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include a student's score on the assessment of basic skills
administered pursuant to 22 Pa. Code § 49.18 as a component of a
student's grade in any course.
(3) For purposes of this paragraph:
(i) "Assessment" shall include the assessment of general
knowledge, the assessment of professional knowledge and practice
or the assessment of subject matter as such terms are defined in
22 Pa. Code § 49.1 (relating to definitions).
(ii) "Assessment of basic skills" shall have the meaning
given in 22 Pa. Code § 49.1.
(iii) "Assessment of professional knowledge and practice"
shall have the meaning given in 22 Pa. Code § 49.1.
Section 1337. Nonprofit School Food Program.--* * *
(d) Boards of School Directors.
(1) Pursuant to any power of boards of school directors to
operate or provide for the operation of school food programs in
schools under their jurisdiction, boards of school directors may
use therefore funds disbursed to them under the provisions of
this section, gifts and other funds, received from sale of
school food under such programs.
(2) Regardless of whether a student has money to pay for a
school meal or owes money for school meals, each board of school
directors shall establish a requirement for schools under its
jurisdiction to provide a school food program meal to a student
who requests one, unless the student's parent or guardian has
specifically provided written directive to the school to
withhold a school meal.
(3) Each board of school directors shall require schools
under its jurisdiction to comply with the following when a
student owes money for five or more school meals:
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(i) The school shall make at least two attempts to reach the
student's parent or guardian and have the parent or guardian
apply for participation in the school food program.
(ii) The school may offer assistance with applying for
participation in the school food program.
(4) Each board of school directors shall:
(i) Require schools under its jurisdiction to direct
communications regarding money owed by a student for school
meals to the student's parent or guardian and not to the
student.
(ii) Permit schools under its jurisdiction to contact the
student's parent or guardian by means of a letter addressed to
the parent or guardian that is delivered by the student.
(5) Each board of school directors shall prohibit schools
under its jurisdiction from implementing the following:
(i) Publicly identifying or stigmatizing a student who
cannot pay for a school meal or who owes money for school meals.
(ii) Requiring a student who cannot pay for a school meal to
perform chores or other work to pay for the school meal. This
subclause shall not apply if chores or other work are required
of all students regardless of the student's inability to pay for
the school meal.
(iii) Requiring a student to discard a school meal after it
was served to the student due to the student's inability to pay
for the school meal or the amount of money owed by the student
for earlier school meals.
* * *
Section 8. Sections 1402-A(b), 1403-A(a), 1405-A(a), 1406-A
and 1407-A of the act, added July 13, 2016 (P.L.716, No.86), are
amended to read:
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Section 1402-A. Establishment of Drug and Alcohol Recovery High
School Pilot Program.
* * *
(b) Designation.--[Within 60 days of the effective date of
this section] Not later than August 7, NOVEMBER 1, 2017 , the
Secretary of Education, in consultation with the Department of
Drug and Alcohol Programs, shall:
(1) Designate[, through a request for proposal process,]
a facility that satisfies all of the following to serve as
the recovery high school for purposes of the program:
(i) Is licensed as a private academic school under
the act of January 28, 1988 (P.L.24, No.11), known as the
Private Academic Schools Act.
(ii) Is located in a school district of the first
class.
(iii) [Has experience providing drug and alcohol
recovery services] Is currently operating as a recovery
high school.
(iv) Has adopted and follows accreditation standards
and best practices set forth by the Association of
Recovery Schools.
(v) Has been a member of the Association of Recovery
Schools during the 2016-2017 school year.
(2) Post notice of the designation on the department's
publicly accessible Internet website.
Section 1403-A. Scope of program and selection of students.
(a) Maximum participation.--Beginning in the [2016-2017]
2017-2018 school year, a maximum of 20 students in grades 9
through 12 may be enrolled in the recovery high school under the
program at any one time.
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* * *
Section 1405-A. Establishment and payment of tuition.
(a) Tuition rate.--No later than June 30 of each year, the
department shall establish a per-student regular education
tuition rate for each student enrolled in the recovery high
school under the program, provided that the recovery high school
may not set a per-student regular education tuition rate for
students enrolled in the recovery high school who are not
participants in the program that is lower than the per-student
regular education tuition rate established for students enrolled
in the recovery high school under the program. The per-student
regular education tuition rate for students enrolled in the
recovery high school under the program shall be determined as
follows:
(1) For the [2016-2017] 2017-2018 school year, the per-
student regular education tuition rate for each student
enrolled in the recovery high school under the program shall
be $20,000.
(2) Beginning in the [2017-2018] 2018-2019 school year,
and in each school year thereafter, annual adjustments to the
amount set forth in paragraph (1) shall be made as follows:
(i) The Department of Labor and Industry shall
determine the percentage change in the Consumer Price
Index for All Urban Consumers: All Items (CPI-U) for the
United States City Average as published by the United
States Department of Labor, Bureau of Labor Statistics,
for the 12-month period ending September 30, [2016] 2017,
and for each successive 12-month period thereafter.
(ii) If the Department of Labor and Industry
determines that there is no positive percentage change,
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then no adjustment to the amount set forth in paragraph
(1) shall occur for the relevant time period.
(iii) The following apply:
(A) If the Department of Labor and Industry
determines that there is a positive percentage change
in the first year that the determination is made
under subparagraph (i), the positive percentage
change shall be multiplied by the amount set forth in
paragraph (1), and the product shall be added to the
amount set forth in paragraph (1), and the sum shall
be the preliminary adjusted per-student tuition rate.
(B) The preliminary adjusted per-student tuition
rate shall be rounded to the nearest $100 to
determine the final adjusted per-student tuition
rate.
(iv) In each successive year in which there is a
positive percentage change in the CPI-U for the United
States City Average, the positive percentage change shall
be multiplied by the most recent preliminary per-student
tuition rate, and the product shall be added to the
preliminary adjusted per-student tuition rate of the
prior year to calculate the preliminary adjusted per-
student tuition rate for the current year. The sum
thereof shall be rounded to the nearest $100 to determine
the new final adjusted per-student tuition rate.
(v) The determinations and adjustments required
under this subparagraph shall be made in the period
between April 1, [2017] 2018, and April 30, [2017] 2018,
and annually between April 1 and April 30 of each year
thereafter.
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(vi) The final adjusted per-student tuition rates
obtained under subparagraphs (iii) and (iv) shall become
effective July 1 for the school year following the year
in which the determination required under this paragraph
is made.
(vii) The department shall publish notice in the
Pennsylvania Bulletin prior to July 1 of each year of the
annual percentage change determined under subparagraph
(i) and the unadjusted or final adjusted per-student
tuition rate determined under subparagraphs (iii) and
(iv) for the school year following the year in which the
per-student tuition rate is determined. The notice shall
include a written and illustrative explanation of the
calculations performed by the department in establishing
the unadjusted or final adjusted per-student tuition rate
under this section for the ensuing calendar year.
(viii) The annual increase in the preliminary
adjusted per-student tuition rate determined under
subparagraphs (iii) and (iv) shall not exceed 3%.
* * *
Section 1406-A. Term of Drug and Alcohol Recovery High School
Pilot Program.
(a) Enrollment of new students.--Unless the program is
permanently established by action of the General Assembly, the
recovery high school shall not enroll new students under the
program after June 30, [2020] 2021.
(b) Continued enrollment.--If the program is not permanently
established by action of the General Assembly on or before June
30, [2020] 2021, a student enrolled in the recovery high school
under the program as of June 30, [2020] 2021, may remain
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enrolled in the recovery high school under the program until the
earlier of the following:
(1) The student's graduation from the recovery high
school.
(2) The student's withdrawal from the recovery high
school.
(3) The student's completion of four years of enrollment
in the recovery high school under the program.
Section 1407-A. Reporting.
(a) Report by recovery high school.--By August 31, [2018]
2019, and by August 31 of each year thereafter, the recovery
high school shall submit annually to the Secretary of Education,
the Secretary of Drug and Alcohol Programs, the chairperson and
minority chairperson of the Education Committee of the Senate,
the chairperson and minority chairperson of the Education
Committee of the House of Representatives, the chairperson and
minority chairperson of the Public Health and Welfare Committee
of the Senate and the chairperson and minority chairperson of
the Health Committee of the House of Representatives a written
report concerning the program. The report shall include, but not
be limited to, all of the following, subject to the requirements
of the Family Educational Rights and Privacy Act of 1974 (Public
Law 90-247, 20 U.S.C. § 1232g) and to the extent such reporting
does not reveal identifying information concerning any
individual student:
(1) The number of students who:
(i) Enrolled in the recovery high school under the
program for the preceding reporting period.
(ii) Requested enrollment in the recovery high
school under the program but were denied participation in
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the program for the preceding reporting period.
(iii) Enrolled in the recovery high school but who
were not participants in the program for the preceding
reporting period.
(2) The number and percentage of students enrolled in
the recovery high school during the previous reporting period
to whom each of the following apply, reported separately
based on whether or not the students were participants in the
program:
(i) Earned a high school diploma from the recovery
high school.
(ii) Withdrew from the recovery high school and
requested transfer of educational records to another
school.
(iii) Withdrew from the recovery high school without
requesting transfer of educational records to another
school.
(iv) Maintained enrollment in the recovery high
school in good standing.
(3) A narrative description of the academic outcomes for
students enrolled in the recovery high school, including
aggregate assessment results, reported separately based on
whether or not the students were participants in the program.
(4) A narrative description of student success in
managing issues concerning drug or alcohol abuse or
addiction, reported separately based on whether or not the
students were participants in the program.
(5) Recommendations for improvements to the program.
(6) Any information regarding the program that the
recovery high school determines would be useful to the
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General Assembly, the Department of Education and the
Department of Drug and Alcohol Programs in determining
whether changes to the program are necessary and whether the
program should be continued.
(b) Report by Department of Education and Department of Drug
and Alcohol Programs.--By December 31, [2019] 2020, the
Department of Education and the Department of Drug and Alcohol
Programs, jointly, shall submit to the chairperson and minority
chairperson of the Education Committee of the Senate, the
chairperson and minority chairperson of the Education Committee
of the House of Representatives, the chairperson and minority
chairperson of the Public Health and Welfare Committee of the
Senate and the chairperson and minority chairperson of the
Health Committee of the House of Representatives a written
report assessing the success of the program and making
recommendations regarding the possible extension and expansion
of the program, including a proposed timeline for any potential
expansion.
Section 9. Sections 1517, 1547 and 1549 of the act are
amended to read:
Section 1517. Fire and Emergency Evacuation Drills.--(a)
[In] Except as provided under subsection (a.1), in all [public
schools] school buildings of school entities where fire-escapes,
appliances for the extinguishment of fires, or proper and
sufficient exits in case of fire or panic, either or all, are
required by law to be maintained, fire drills shall be
periodically conducted, not less than one a month, by the
teacher or teachers in charge, under rules and regulations to be
promulgated by the [district superintendent] chief school
administrator under whose supervision such [schools] school
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entities are. In such fire drills the pupils and teachers shall
be instructed in, and made thoroughly familiar with, the use of
the fire-escapes, appliances and exits. The drill shall include
the actual use thereof, and the complete removal of the pupils
and teachers, in an expeditious and orderly manner, by means of
fire-escapes and exits, from the building to a place of safety
on the ground outside.
(a.1) Within ninety (90) days of the commencement of the
school year after the effective date of this subsection and
within ninety (90) days of the commencement of each school year
thereafter, each school entity may conduct one school security
drill per school year in each school building in place of a fire
drill required under subsection (a). All of the following shall
apply:
(1) The school security drill may be conducted while the
school entity is in session and students are present under
policies adopted by the chief school administrator.
(2) The chief school administrator or a designee shall
oversee the instruction and training of students and school
employees in the procedures to be used in the school security
drill.
(3) The chief school administrator shall notify and request
assistance from the local law enforcement agency and emergency
management agency before conducting the school security drill.
(4) The chief school administrator shall provide notice of
the school security drill in advance to parents and legal
guardians of the students attending the school building for
which the school security drill is scheduled.
(b) [District superintendents] Chief school administrators
are hereby required to see that the provisions of this section
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are faithfully carried out in the [schools] school entities over
which they have charge.
(c) Any person who violates or fails to comply with the
provisions of this section shall be guilty of a misdemeanor, and
on conviction shall be sentenced to pay a fine of not less than
twenty-five dollars ($25) nor more than five hundred dollars
($500), or to undergo imprisonment in the county jail for not
less than (10) days or more than sixty (60) days, or both.
(d) All [schools] school entities using or contracting for
school buses for the transportation of school children shall
conduct on school grounds two emergency evacuation drills on
buses during each school year, the first to be conducted during
the first week of the first school term and the second during
the month of March, and at such other times as the chief school
administrator may require. Each such drill shall include the
practice and instruction concerning the location, use and
operation of emergency exit doors and fire extinguishers and the
proper evacuation of buses in the event of fires or accidents.
Bus operators shall be provided with proper training and
instructions to enable them to carry out the provisions of this
subsection and may be required to attend classes and drills in
connection therewith.
(e) On or before the tenth day of April of each year, each
[district superintendent] chief school administrator shall
certify to the Department of [Public Instruction] Education that
the emergency evacuation drills and school security drills
herein required have been [held] conducted in accordance with
this section.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
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"Chief school administrator" shall mean the superintendent of
a school district, superintendent of an area vocational-
technical school, executive director of an intermediate unit or
chief executive officer of a charter school or regional charter
school.
"School entity" shall mean an area vocational-technical
school, school district, intermediate unit, charter school or
regional charter school.
"School security drill" shall mean a planned exercise, other
than a fire drill or natural disaster drill, designed to
practice procedures to respond to an emergency situation that
may include, but is not limited to, an act of terrorism, armed
intruder situation or other violent threat.
Section 1547. Alcohol, Chemical and Tobacco Abuse Program.--
(a) Beginning with school year 1991-1992 and each year
thereafter, each public school student shall receive mandatory
instruction in alcohol, chemical and tobacco abuse in every year
in every grade from kindergarten through grade twelve. The
instruction shall be integrated within the health course of
study required in accordance with the State Board of Education
regulations. In grades where health is offered, instruction may
also be integrated into other appropriate courses of study. In
grades where health is not offered, instruction shall be
integrated into an appropriate curriculum requirement as listed
in 22 Pa. Code [§ 5.4(b).] §§ 4.21 (relating to elementary
education: primary and intermediate levels), 4.22 (relating to
middle level education) and 4.23 (relating to high school
education).
(1) This instruction:
(i) Shall be age appropriate.
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(ii) Shall be sequential in method of study.
(iii) Shall discourage the use of alcohol, tobacco and
controlled substances.
(iv) Shall communicate that the use of illicit drugs and the
improper use of legally obtained drugs is wrong.
(2) School districts may utilize any appropriate public or
private materials, personnel and other resources in developing
and implementing this program of instruction. The Department of
Health, [Office] Department HEALTH[, OFFICE] AND THE DEPARTMENT
of Drug and Alcohol Programs, JOINTLY, shall make available
information about appropriate curriculum materials upon request
of a school district. In developing its alcohol, chemical and
tobacco abuse instructional program, each school district shall
consult with the single county authority designated by the
Department of [Health] Drug and Alcohol Programs to provide drug
and alcohol services in the school district's area.
(a.1) Beginning with the 2018-2019 school year, for students
in grades six through twelve, the instruction required under
subsection (a) shall include instruction related to the
prevention of opioid abuse, with an emphasis on the prescription
drug epidemic and the connection between prescription opioid
abuse and addiction to other drugs, including heroin. Not later
than the beginning of the 2018-2019 school year, the Department
of Education, the Department of Health and the Department of
Drug and Alcohol Programs shall develop jointly a model
curriculum for this purpose and each department shall post the
model curriculum on its publicly accessible Internet website.
The model curriculum developed under this subsection shall be
revised when necessary to ensure that the model curriculum
provides the most current information. In providing the
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instruction required under this subsection, a school district
may, but shall not be required to, use the model curriculum.
(b) Each school district is hereby authorized to develop and
offer programs relating to alcohol, chemical and tobacco abuse
for parents of students enrolled in the public schools. If a
school district does develop such programs, they shall be
developed in consultation with the single county authority
designated by the Department of [Health] Drug and Alcohol
Programs to provide drug and alcohol services in the school
district's area. Such programs shall be offered at no cost to
parents.
(c) The Secretary of Education, in consultation with the
Secretary of Health and the Secretary of Drug and Alcohol
Programs, shall develop curriculum guidelines for instruction on
alcohol, chemical and tobacco abuse and the laws governing their
use and misuse. These guidelines shall encourage the inclusion
of the following elements where appropriate in the instruction:
(1) Detailed factual information regarding the
physiological, psychological, sociological and legal aspects of
substance abuse.
(2) Detailed information regarding the availability of help
and assistance for students and their families with alcohol,
chemical and tobacco dependency problems.
(3) The goals of quality education as set forth in 22 Pa.
Code [§ 5.13(f)] (relating to education).
(4) Skills needed to evaluate advertisements for and media
portrayals of alcohol, chemical and tobacco products.
(5) Detailed instruction on the need for and the role of
lawful authority and law-abiding behavior, including interaction
with members of the legal and justice community.
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(d) The following apply:
(1) Beginning with the 1991-1992 school year and each year
thereafter, the Secretary of Education, in consultation with the
Secretary of Health and the Secretary of Drug and Alcohol
Programs, shall make available, to all school districts and
intermediate units, in-service training programs based upon the
instruction requirements established in subsection (a) and the
curriculum guidelines established in subsection (c). The
programs shall provide preparation for the teaching of mandated
instruction in alcohol, chemical and tobacco abuse. The in-
service programs may utilize the single county authorities
designated by the Department of [Health] Drug and Alcohol
Programs or such other institutions, agencies or persons as the
Secretary of Education or the Secretary of Health deems
appropriate.
(2) Beginning with the 2018-2019 school year, the Department
of Education, the Department of Health and the Department of
Drug and Alcohol Programs shall develop jointly and shall make
available to all school districts and nonpublic schools in-
service training programs based upon the instruction
requirements established under subsection (a.1) and the model
curriculum developed under subsection (a.1). The in-service
training programs developed under this subsection shall be
revised when necessary to ensure that the in-service training
programs provide the most current information.
(e) The following apply:
(1) Beginning with the 1991-1992 school year, each school
district shall provide, as part of its in-service training,
programs on alcohol, drugs, tobacco and dangerous controlled
substances for all instructors whose teaching responsibilities
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include courses of study in which mandated instruction
concerning alcohol, chemical and tobacco abuse is integrated. To
comply with this requirement, a school district may utilize the
programs made available by the Department of Education or use
other alternative programs.
(2) Beginning with the 2018-2019 school year and every three
(3) years thereafter, each school district shall provide, as
part of its in-service training, programs based upon the
instruction requirements established under subsection (a.1) for
all instructors whose teaching responsibilities include courses
of study in which such mandated instruction is integrated. To
comply with this requirement, a school district may utilize the
in-service training programs made available under subsection (d)
(2).
(f) The governing board of each intermediate unit in which a
nonpublic school is located shall have the authority and the
duty to loan to all students attending nonpublic schools within
the intermediate unit all educational materials developed by
[either] the Department of Education [or], the Department of
Health or the Department of Drug and Alcohol Programs, pursuant
to this act for the instruction of public school students on the
nature and effects of drugs, alcohol, tobacco and dangerous
controlled substances. Local school boards need not expend funds
which are not provided by either the Federal or State Government
for drug education programs for the use or loan of these
materials. A nonpublic school may utilize the in-service
training programs made available by the Department of Education
through the intermediate unit.
(g) On or before June 1, 1991, the Secretary of Education
shall recommend to the General Assembly a plan to require and
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