Amendment 3072 to House Bill 178 P.N. 0141, Regular Session 2017-2018

H0178B0141A03072 DMS:CMD 07/26/17 #90 A03072

AMENDMENTS TO HOUSE BILL NO. 178

Sponsor: SENATOR BROWNE

Printer's No. 141

Amend Bill, page 1, lines 1 through 6, by striking out all of

said lines and inserting

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

tobacco abuse program and for agriculture education and

providing for Commission for Agricultural Education

Excellence; 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

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establishment; 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.

Amend Bill, page 1, lines 9 through 19; pages 2 and 3, lines

1 through 30; page 4, lines 1 through 23; by striking out all of

said lines on said pages and inserting

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.--

(a) A new State plan 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 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

formation. Consultation shall occur with regard to the

initiatives that are newly created or that retain or modify

existing law and regulation with regard to the following:

(i) The use and format of student academic assessments,

adjustments or alternatives to existing student academic

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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

provision of the assessments or evaluations provided for in the

State plan.

(2) The department shall not submit an initial State plan 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. The department shall present the initial State

plan 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 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) 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:

"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

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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:

(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

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.

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.--

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(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

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.

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:

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.

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(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.

administrator shall develop a financial improvement plan in

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

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.

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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

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 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, 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

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to this provision.]

* * *

Section 1006. Reports.--Every district superintendent shall

[annually, on or before the first Monday of August, forward to

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

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

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[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

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

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

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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.

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:

(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:

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(A) The total cost savings expected to result from the

proposed suspensions.

(B) A description of other cost-saving actions taken by the

board of school directors, if any.

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

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

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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:

(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

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,

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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.

(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

(2) supersede or preempt any provisions of a collective

bargaining agreement negotiated by a school entity and an

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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

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:

2017/90DMS/HB0178A03072 - 15 -

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

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

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.

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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

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:

(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.

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(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:

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, 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.

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(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.

* * *

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,

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

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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.

(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

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.

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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

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

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recovery high school determines would be useful to the

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

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

2017/90DMS/HB0178A03072 - 22 -

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

are faithfully carried out in the [schools] school entities over

which they have charge.

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:

"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

2017/90DMS/HB0178A03072 - 23 -

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.

(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 of Drug and Alcohol Programs, 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

instruction required under this subsection, a school district

may, but shall not be required to, use the model curriculum.

2017/90DMS/HB0178A03072 - 24 -

(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.

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.

(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

2017/90DMS/HB0178A03072 - 25 -

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

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

assist each school district to establish and maintain a program

to provide appropriate counseling and support services to

students who experience problems related to the use of drugs,

alcohol and dangerous controlled substances.

[(h) On or before June 1, 1992, the Secretary of Education

shall report to the General Assembly concerning the 1991-1992

school year activities of the Department of Education pertaining

to the provisions of this section and concerning proposed 1992-

1993 school year activities of the Department of Education

pertaining to this section.]

(g.1) Beginning in the 2018-2019 school year, and each

school year thereafter, professional educators who complete in-

service training under this section may apply such in-service

training toward their continuing professional education

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requirements under section 1205.2.

(h.1) By September 1, 2020, and by September 1 of every

fifth year thereafter, the Department of Education, in

consultation with the Department of Health and the Department of

Drug and Alcohol Programs, shall report to the General Assembly

concerning the preceding school year activities of the

Department of Education, the Department of Health and the

Department of Drug and Alcohol Programs pertaining to the

provisions of this section. The report shall include:

(1) A description of efforts by the Department of Education,

the Department of Health and the Department of Drug and Alcohol

Programs to assist school districts in providing the instruction

required under subsections (a) and (a.1), including efforts to

develop and post the model curriculum required under subsection

(a.1) and to develop and make available the in-service training

programs required under subsection (d)(2).

(2) An evaluation of the effectiveness of the instruction

required under subsections (a) and (a.1) and of curriculum

materials and in-service training programs developed by the

Department of Education, the Department of Health and the

Department of Drug and Alcohol Programs under this section in

reducing the use of alcohol, tobacco and other drugs, including

prescription opioids, by students.

(i) The State Board of Education shall adopt rules and

regulations necessary for the implementation of this section.

Section 1549. Agricultural Education.--(a) The General

Assembly declares it is the purpose of this section to:

(1) Require the department to develop and disseminate

agricultural education materials for school entities or private

or nonpublic kindergartens, elementary or secondary schools in

this Commonwealth. The materials shall incorporate agricultural

concepts into the basic school curricula and shall be designed

to educate the general student population about the importance

of the agriculture industry and the role of agriculture in the

students' lives.

(2) Encourage the agricultural education efforts of other

agencies where appropriate, including, but not limited to, those

of the county conservation districts, the Cooperative Extension

Service of The Pennsylvania State University, the University of

Pennsylvania Veterinary School, the Department of Agriculture,

the Department of Environmental [Resources] Protection, the

Department of [Community Affairs] Community and Economic

Development, the State System of Higher Education and the

Department of Transportation.

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

be to:

(1) Provide, in conjunction with the Department of

Agriculture, resource information to educators and public and

private schools and organizations on agricultural education.

(2) Provide, in conjunction with the Department of

Agriculture, for the development and distribution to school

2017/90DMS/HB0178A03072 - 27 -

entities or private or nonpublic kindergartens, elementary or

secondary schools in this Commonwealth materials on agricultural

education. Such materials may include instruction on issues

related to agriculture, including, but not limited to, food

safety, forestry, pesticides, farmland preservation, waste

management, wetlands, nutrient management, food production and

food processing, animal health and statutory and regulatory

protections of the right to farm.

(3) Identify, recognize and establish, in conjunction with

the Department of Agriculture, awards for exemplary agricultural

education curricula developed in Commonwealth schools.

(4) Use local school district occupational advisory

committees, as well as the facilities and equipment of the

Department of Agriculture, to serve as the conduit to bring

youth and adult education programs into communities and schools,

focusing on agricultural industry issues of importance to this

Commonwealth.

(5) Maintain, in conjunction with the Department of

Agriculture, an inventory of agricultural education materials,

programs and resources available in Commonwealth agencies.

[(c) The secretary shall prepare and submit, in conjunction

with the Department of Agriculture, an annual report to the

Governor and the General Assembly on the status of agricultural

education in this Commonwealth. The report shall outline

agricultural education programs and achievements, highlight new

initiatives and recommend future program needs.

(d) (1) The Secretary of Education shall consult, at least

annually, with the Secretary of Agriculture and a cross section

of the agriculture and education communities to:

(i) Assess the trends and needs in agricultural education.

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

support agricultural education activities.

(iii) Make recommendations to the Governor and the General

Assembly regarding legislative or regulatory changes to improve

agricultural education, pursuant to the preparation and

submittal of the report required by subsection (c).

(2) When consulting with a cross section of the agriculture

and education communities, the secretary shall consider seeking

comments from individuals named in lists submitted by the State

Council on Farm Organizations, the Agricultural Awareness

Foundation and the Pennsylvania Vocational-Agricultural Teachers

Association. Such lists may include, but not be limited to:

(i) Farmers.

(ii) Representatives of the agricultural processing and

agricultural marketing industries.

(iii) Faculty members of the College of Agricultural

Sciences of the Commonwealth's land-grant university.

(iv) Faculty members from a State System of Higher Education

institution, each of whom shall have background in or knowledge

of agricultural education.

(v) A teacher of vocational agriculture.

2017/90DMS/HB0178A03072 - 28 -

(vi) A teacher involved in agricultural education other than

vocational agriculture.

(vii) An administrator of a school entity which conducts an

agricultural education program.

(viii) A member of a local school district occupational

advisory committee.

(ix) Members of the public who are knowledgeable about

agricultural education.]

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

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

["Farmer." Any person who engages in the accepted

activities, practices and procedures year after year to produce

and prepare for market poultry, livestock and their products or

in the production and harvesting of agricultural, agronomic,

horticultural, silvicultural and aquacultural crops and

commodities and whose operation is conducted on not less than

ten contiguous acres in area or, if less than ten contiguous

acres in area, has an anticipated yearly gross income of at

least ten thousand dollars ($10,000).]

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

or area vocational-technical school.

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

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

Section 1549.1. Commission for Agricultural Education

Excellence.--(a) There is established a Commission for

Agricultural Education Excellence as a departmental

administrative commission under the concurrent authority of the

Department of Agriculture and the Department of Education with

all the powers and duties generally vested in and imposed upon

the commissions under the act of April 9, 1929 (P.L.177,

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

(b) The commission shall assist in developing a Statewide

plan for agricultural education and coordinate the

implementation of related agricultural education programming

with the Department of Agriculture and the Department of

Education.

the Department of Agriculture and shall be staffed and supported

by the Department of Agriculture and the Department of

Education, as provided under this section.

(d) In order for the commission to fulfill its duties and

exercise its authority under this section, an agreement shall be

executed between the Department of Agriculture, the Department

of Education and the commission, which shall define and

delineate the role and responsibility of each agency in

assisting the commission in fulfilling its duties under this

section.

(e) In order for the commission to fulfill its duties and

2017/90DMS/HB0178A03072 - 29 -

exercise its authority under this section, the Department of

Agriculture, the Department of Education and the commission

shall cooperate with each other in the use of staff, land,

buildings, quarters, facilities and equipment.

(f) The commission shall consist of the following members:

(1) The Secretary of Education, or a designee.

(2) The Secretary of Agriculture, or a designee.

(3) The following members jointly appointed by the Secretary

of Education and the Secretary of Agriculture from lists

submitted by the President pro tempore of the Senate and the

Speaker of the House of Representatives, in consultation with

the Majority Leader and Minority Leader of the Senate and the

Majority Leader and Minority Leader of the House of

Representatives:

(i) Two farmers.

(ii) A representative of the agricultural processing and

agricultural marketing industries.

(iii) Two representatives of agricultural sciences, not more

than one of whom shall be a faculty member of the College of

Agricultural Sciences of The Pennsylvania State University.

(iv) A representative of the State System of Higher

Education with a background in or knowledge of agricultural

education.

(v) Two teachers of vocational agriculture, one from a

career and technical center and one from a school district.

(vi) A representative of a community college with a

background in or knowledge of agricultural education.

(vii) An administrator of a school entity which conducts an

agricultural education program.

(viii) A member of a school district occupational advisory

committee.

(ix) Two members of the business community with knowledge of

agricultural education.

(g) To the extent practicable, from members initially

appointed, an equal number shall draw lots to serve for a term

of three years, for a term of two years and for a term of one

year. Thereafter, all members shall be appointed for a term of

three years.

(h) The chairmanship of the commission shall rotate on an

annual basis between the Secretary of Agriculture and the

Secretary of Education, with the Secretary of Education chairing

the first annual rotation.

(i) The commission shall keep a record of its official

actions and may perform acts and promulgate policies, procedures

and guidelines as may be necessary.

(j) A majority of members of the commission shall constitute

a quorum.

(k) The members of the commission shall not receive

compensation or reimbursement for services.

(l) The commission shall have all the following powers and

duties:

2017/90DMS/HB0178A03072 - 30 -

(1) Develop a model for Statewide curriculum for

agricultural education programs based on high priority

occupations.

(2) Consult with the Transfer and Articulation Oversight

Committee and school entities to facilitate articulation

agreements with postsecondary institutions of higher education.

(3) Provide support and technical assistance to supervised

agricultural experience programs based on student needs.

(4) Provide support and coordination for Statewide and local

activities related to FFA programs.

(5) Investigate, review and issue an annual report on the

status of agricultural education required under subsection (m).

(m) By May 1, 2018, and by May 1 of each year thereafter,

the commission shall submit a report to the Governor and the

General Assembly on the status of agricultural education in this

Commonwealth. The report shall:

(1) Outline agricultural education programs and

achievements.

(2) Assess the trends and needs in secondary and both formal

and informal postsecondary agricultural education and training.

(3) Investigate and assess work force trends of the

agriculture and food industry.

(4) Assess and make programming recommendations for meeting

the training needs for individuals not pursuing formal

postsecondary education.

(5) Consider the manner in which funds are used to support

agricultural education activities.

(6) Highlight new initiatives and recommend future program

needs.

(7) Make recommendations to the Governor and the General

Assembly regarding legislative or regulatory changes to improve

agricultural education.

(n) The Department of Agriculture and the Department of

Education shall provide staff to assist the commission with the

commission's duties. The Department of Agriculture and the

Department of Education shall provide an executive director who

shall oversee elementary, secondary, postsecondary and adult

agricultural education activities in this Commonwealth and shall

serve as the director of outreach for the commission and staff

who may be employed on or after the effective date of this

section and who shall be assigned within either agency as

follows:

(1) A curriculum specialist to assist school entities in

developing agricultural education curricula and integrating

national agriculture, food and natural resource standards into

elementary and secondary curricula.

(2) A program approval specialist to assist school entities

with the program approval process for agricultural education

established by the Department of Education and serve as a

liaison between the Department of Education and school entities

for data collection.

2017/90DMS/HB0178A03072 - 31 -

(3) An FFA program specialist to oversee State-related FFA

activities and implement initiatives for local agricultural

education program success.

(4) A work force development specialist to identify career

pathways in the agricultural and food industries and promote

agriculture and food careers among students and adult job

seekers.

(5) An agricultural education support specialist to provide

support to the staff of the commission.

(o) The implementation of this section shall be subject to

funds appropriated by the General Assembly to the Department of

Education or the Department of Agriculture, and the funds shall

be used to carry out the purposes of this section. The

Department of Education and the Department of Agriculture may

accept grants and donations from all public and private sources,

including the Federal Government, to pay for costs incurred for

the implementation and continuance of the provisions of this

section.

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

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Commission." The Commission for Agricultural Education

Excellence established under this section.

"Farmer." A person who engages in activities, practices and

procedures to produce and prepare for market poultry, livestock

and their products or who engages in the production and

harvesting of agricultural, agronomic, horticultural,

silvicultural and aquacultural crops and commodities and whose

operation is conducted on not less than ten contiguous acres in

area or, if less than ten contiguous acres in area, has an

anticipated yearly gross income of at least ten thousand dollars

($10,000).

"FFA." A career and technical student organization that

encourages leadership, personal growth and career success

through agricultural education.

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

or area vocational-technical school.

Section 11. Section 1913-A(b)(1.8) of the act is amended and

paragraph (1.6) is amended by adding a subparagraph to read:

Section 1913-A. Financial Program; Reimbursement of

Payments.--* * *

(b) * * *

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

thereafter, the payment for a community college shall consist of

the following:

* * *

(x) For the 2017-2018 fiscal year, each community college

shall receive the following:

(A) For operating costs, an amount equal to the amounts

received in fiscal year 2016-2017 under subclause (ix)(A) and

(C).

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(B) For the economic development stipend, an amount equal to

the amount received in fiscal year 2016-2017 under subclause

(ix)(B).

* * *

[(1.8) (i) The Department of Education shall annually

approve high-priority and high-instructional-cost occupation

programs, high-priority occupation programs and noncredit

workforce development courses.

(ii) In order to qualify as a high-priority and high-

instructional-cost occupation program, the program must:

(A) Provide training:

(I) in a high-priority occupation as defined by the Center

for Workforce Information and Analysis within the Department of

Labor and Industry; or

(II) in an occupation designed to meet regional workforce

needs as documented through collaboration with one or more

employers.

(B) Bear an instructional cost to the community college, per

full-time-equivalent student, of at least one hundred thirty

percent (130%) of the average cost per full-time-equivalent

student enrolled in the community college's credit courses.

Instructional costs shall be defined by the Department of

Education and may include personnel, equipment, curricula and

other costs necessary for the program.

(iii) In order to qualify as a high-priority occupation

program or a noncredit workforce development course, the high-

priority occupation program or noncredit workforce development

course must:

(A) provide training in a high-priority occupation as

defined by the Center for Workforce Information and Analysis

within the Department of Labor and Industry; or

(B) provide training in an occupation designed to meet

regional workforce needs as documented through collaboration

with one or more employers.

(iv) In order to qualify under subclause (ii)(A)(II) or

(iii)(B), the community college shall submit an application to

the Department of Education. The application shall contain:

(A) Evidence of collaboration with one or more employers.

(B) Information as to the nature of the proposed program.

opportunities for participants.

(v) The Department of Education shall:

(A) Determine the form and manner by which applications are

to be submitted under subclause (iv).

(B) Approve or reject applications received pursuant to

subclause (iv) within twenty (20) days of receipt of a completed

application; otherwise, such applications will be deemed

approved.

establishing the approval process for programs and courses under

this clause.]

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* * *

Section 11.1. Section 1918-A of the act is repealed:

[Section 1918-A. Annual Report.--(a) No later than January

1, 2006, the Department of Education shall, in consultation with

the community colleges, complete development of a format for

collecting uniform data relative to the operations of community

colleges. The data shall be used in making an annual report to

the Governor and the chairmen and minority chairmen of the

Appropriations and Education Committees of the Senate and the

chairmen and minority chairmen of the Appropriations and

Education Committees of the House of Representatives. The report

and the data shall be made available to the Governor and the

committees via electronic transmission. The report shall cover

the immediately preceding academic year and shall include, but

not be limited to:

(1) Demographic and program data, including information on

full-time and part-time faculty and student enrollments, in

total and within curricular areas, dual enrollment

participation, credit hours taught by faculty, distance learning

courses offered, articulation agreements with higher education

institutions, numbers and courses with fewer than twenty (20)

students and numbers and courses with more than fifty (50)

students.

(2) Student progress and achievement measures, including

retention rates, first-time, full-time graduation rates after

two, three and four years, passing rates on certification and

licensure examinations, number of students employed within one

year of program completion and placement into additional

education or employment in the student's field of study.

(3) Economic and workforce development measures, including

employer satisfaction, customized job training offerings,

employment status and numbers of businesses and organizations

served.

(b) Where available, data shall be disaggregated by

categories, including gender, race and age.

community colleges, shall annually review the uniform data

collection format and make any revisions deemed necessary.

(d) Reports required under this section shall be submitted

prior to September 1, 2006, and September 1 of each year

thereafter.]

Section 12. Section 1906-G(a)(1) of the act, added July 13,

2016 (P.L.716, No.86), is amended to read:

Section 1906-G. Establishment.

(a) General rule.--No later than December 31, 2016, the

board of trustees appointed under section 1905-G shall submit to

the secretary a proposed rural regional college plan in such

form and containing such information as the secretary may

require. In addition to other information which may be required

by the secretary, the plan shall include the following:

(1) A designation of the name of the proposed rural

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regional college which shall be the "Rural Regional College

of " or " Rural Regional

[College."] College"; except that the board of trustees of

the rural regional college may later change the college's

name or adopt a fictitious name for the purpose of conducting

business under 54 Pa.C.S. Ch. 3 (relating to fictitious

names).

* * *

Section 13. (Reserved).

Section 14. Section 2001-C of the act is amended by adding

definitions to read:

Section 2001-C. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Advanced Placement Program." A program authorized by the

college board that allows a student to study college-level

subjects while enrolled in high school and to receive advanced

placement and college credit for earning a qualified score on

the course-related Advanced Placement Program exam.

* * *

"College-Level Examination Program." A set of standardized

tests developed by the college board for various subjects, and

on which a qualifying score can be used to earn college credit.

* * *

"Credit for prior learning." College-level credit granted

toward the award of a postsecondary degree or certificate for

experiential learning that can be demonstrated through various

means of assessment to be the equivalent of learning gained

through formal collegiate instruction, including an Advanced

Placement Program exam, International Baccalaureate Diploma

Program exam, a College-Level Examination Program exam and

Dantes Subject Standardized Tests.

"Dantes Subject Standardized Tests." A set of subject exams

approved by the American Council on Education that tests

knowledge of both lower-level and upper-level college material.

* * *

"International Baccalaureate Diploma Program." An

academically challenging two-year precollege diploma program

comprised of three core requirements and six academic subject

areas with final examinations that prepare students, 16 to 19

years of age, for higher education and life in a global society.

* * *

Section 15. Section 2002-C of the act is amended by adding a

subsection to read:

Section 2002-C. Duties of public institutions of higher

education.

* * *

(d) Credit for prior learning.--Each public institution of

higher education shall do all of the following:

(1) Adopt and make public uniform standards for

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determining academic credit for prior learning as outlined in

paragraph (4) within 18 months of the effective date of this

subsection.

(2) Agree to award academic credit for prior learning,

which is determined to meet the standards established under

section 2004-C(c)(6) and apply the credit toward graduation,

unless prohibited by external accreditation or licensure.

(3) Submit to the department interim reports outlining

the actions that a public institution of higher education has

undertaken or intends to undertake to comply with paragraphs

(1) and (2).

(4) As a member of the Transfer and Articulation

Oversight Committee established in section 2004-C:

(i) Consult with the department on a process and

timeline, subject to approval by the department, to

develop uniform standards for determining academic credit

for prior learning, in consultation with faculty and

personnel.

(ii) Develop and implement uniform standards for

determining academic credit for prior learning, in

consultation with faculty and personnel.

(iii) Participate in submitting a status report to

the department, the Education Committee of the Senate and

the Education Committee of the House of Representatives.

(5) For each academic year, report to the department all

of the following:

(i) The total number of students awarded credits for

prior learning, including Advanced Placement Program

exams, International Baccalaureate Diploma Program exams

and College-Level Examination Program exams and Dantes

Subject Standardized Tests.

(ii) The total number of credits awarded to students

for prior learning, including Advanced Placement Program

exams, International Baccalaureate Diploma Program exams

and College-Level Examination Program exams and Dantes

Subject Standardized Tests.

(iii) The number of credits awarded to matriculating

students who present Advanced Placement program,

International Baccalaureate Diploma Program and College-

Level Examination Program exams and Dantes Subject

Standardized Tests that meet the standards established

under section 2004-C(c)(6) and, of those credits, the

number of credits applied toward major requirements and

the number of credits applied toward elective

requirements.

(iv) Any other information related to awarding of

credit for prior learning as requested by the department

or the Transfer and Articulation Oversight Committee,

including the usability of transfer credits.

Section 16. Section 2004-C(c) of the act is amended by

adding a paragraph to read:

2017/90DMS/HB0178A03072 - 36 -

Section 2004-C. Transfer and Articulation Oversight Committee.

* * *

Committee.--The committee shall:

* * *

(6) Within one year of the effective date of this

paragraph, develop and implement uniform standards for

awarding academic credit for prior learning, in consultation

with faculty and personnel for public institutions of higher

education and institutions that elect to participate under

section 2006-C.

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

Section 2321. State aid for fiscal year 2017-2018.

Notwithstanding any other provision of law to the contrary,

each library subject to 24 Pa.C.S. Ch. 93 (relating to public

library code), shall be eligible for State aid for fiscal year

2017-2018, as follows:

(1) Funds appropriated for libraries shall be

distributed to each library under the following formula:

(i) Divide the amount of funding that the library

received in fiscal year 2016-2017 under section 2320 by

the total State-aid subsidy for fiscal year 2016-2017.

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

the total State-aid subsidy for fiscal year 2017-2018.

(2) Following distribution of funds appropriated for

State aid to libraries under paragraph (1), any remaining

funds may be distributed at the discretion of the State

Librarian.

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

fiscal year 2017-2018 are less than funds appropriated in

fiscal year 2002-2003, the State Librarian may waive

standards as prescribed in 24 Pa.C.S. Ch. 93.

(4) Each library system receiving State aid under this

section may distribute the local library share of that aid in

a manner as determined by the board of directors of the

library system.

(5) In the case of a library system that contains a

library operating in a city of the second class, changes to

the distribution of State aid to the library shall be made by

mutual agreement between the library and the library system.

(6) In the event of a change in district library center

population prior to the effective date of this section as a

result of:

(i) a city, borough, town, township, school district

or county moving from one library center to another; or

(ii) a transfer of district library center status to

a county library system;

funding of district library center aid shall be paid based on

the population of the newly established or reconfigured

district library center.

(7) In the event of a change in direct service area from

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one library to another, the State Librarian, upon agreement

of the affected libraries, may redistribute the local library

share of aid to the library currently servicing the area.

Section 17.1. Section 2501 of the act is amended by adding a

clause to read:

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

the following terms shall have the following meanings:

* * *

(14.2) "Market value." For purposes of the calculations

described in clauses (14) and (14.1), in the fiscal year

beginning July 1, 2017, a school district's market value shall

not exceed $47,000,000,000 and, in each subsequent fiscal year,

the maximum market value shall be increased by the percentage

increase in market value for all school districts.

* * *

Section 18. Section 2502.53(c)(5) and (d)(3) of the act,

added June 1, 2016 (P.L.252, No.35), are amended and subsection

(d) is amended by adding a paragraph to read:

Section 2502.53. Student-Weighted Basic Education Funding.--

* * *

(5) The data used to calculate the factors and indexes in

this section shall be based on the most recent years for which

data is available as determined by the Department of

Education[.] and be fixed as of the first day of June preceding

the school year in which the allocation occurs. Data fixed on

the first day of June shall be revised by the Department of

Education if it is subsequently found to be incorrect.

(d) For purposes of this section:

* * *

(1.1) "Current expenditures" shall mean the General Fund

expenditures in functional classifications of instruction,

support services and operation of noninstructional services.

Beginning with the 2016-2017 school year, "current expenditures"

shall mean the General Fund expenditures in functional

classifications of instruction, support services and operation

of noninstructional services, minus General Fund revenues for

tuition from patrons.

* * *

(3) "Local tax-related revenue" shall mean the sum of school

district revenues for State property tax reduction allocation,

taxes levied and assessed, delinquencies on taxes levied and

assessed, revenue from local government units and other local

revenues not specified elsewhere, as designated in the Manual of

Accounting and Financial Reporting for Pennsylvania Public

Schools. Beginning with the 2016-2017 school year, revenues

received by a school district from the sales and use tax and the

cigarette tax shall be included when determining a school

district's local tax-related revenue under this section.

* * *

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Section 19. Sections 2509.1(c.2), 2510.3(a) and 2599.6 of

the act, amended or added July 13, 2016 (P.L.716, No.86), are

amended to read:

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

(c.2) The following apply:

(1) For the 2016-2017 and 2017-2018 school [year] years,

five and five-tenths percent (5.5%) of the State special

education appropriation shall be paid to intermediate units on

account of special education services.

(2) Thirty-five percent (35%) of the amount under paragraph

(1) shall be distributed equally among all intermediate units.

(3) Sixty-five percent (65%) of the amount under paragraph

(1) shall be distributed to each intermediate unit in proportion

to the number of average daily membership of the component

school districts of each intermediate unit as compared to the

Statewide total average daily membership.

* * *

Section 2510.3. Assistance to School Districts Declared to

be in Financial Recovery Status or Identified for Financial

Watch Status.--(a) The following apply:

(1) For the 2013-2014 and 2016-2017 fiscal years, the

Department of Education may utilize up to four million five

hundred thousand dollars ($4,500,000) of undistributed funds not

expended, encumbered or committed from appropriations for grants

and subsidies made to the Department of Education to assist

school districts declared to be in financial recovery status

under section 621-A or identified for financial watch status

under section 611-A . The funds shall be transferred by the

Secretary of the Budget to a restricted account as necessary to

make payments under this section and, when transferred, are

hereby appropriated to carry out the provisions of this section.

(2) For the 2017-2018 fiscal year, the Department of

Education may utilize up to five million dollars ($5,000,000) of

undistributed funds not expended, encumbered or committed from

appropriations for grants and subsidies made to the Department

of Education to assist school districts declared to be in

financial recovery status under section 621-A, identified for

financial watch status under section 611-A or identified for

financial watch status under section 694-A; except that the

funds must be first utilized to accomplish the provisions

contained in section 695-A. The funds shall be transferred by

the Secretary of the Budget to a restricted account as necessary

to make payments under this section and, when transferred, are

hereby appropriated to carry out the provisions of this section.

* * *

Section 2599.6. Ready-to-Learn Block Grant.--(a) For the

2016-2017 and 2017-2018 school [year] years, each school entity

shall receive a Ready-to-Learn Block Grant as follows:

(1) An amount equal to the amount the school entity received

during the 2013-2014 school year under section 2599.2.

(2) An amount equal to the amount the school entity received

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during the 2014-2015 school year under section 1722-J(21)(ii) of

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

Code.

(3) An amount equal to the amount the school entity received

during the 2015-2016 school year under section 1722-L(21)(i)(C)

of The Fiscal Code.

(b) Funding received by a school entity under this section

shall be used in accordance with the provisions contained in

sections 2599.2 and 1722-J(21)(v) of The Fiscal Code and may be

used for integrated student supports.

each school entity shall submit a plan for approval to the

department outlining how the funding will be used.

(d) Revenues received by a school district under subsection

(a)(2) shall not be included in the school district's budgeted

total expenditure per average daily membership used to calculate

the amount to be paid to a charter school under section 1725-

A(a)(2) and (3).

(e) For the purposes of this section, a "school entity"

shall be a school district, charter school, cyber charter school

or regional charter school.

Section 20. Section 2603-B(h) and (i) of the act are amended

to read:

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

(h) Every [five (5)] ten (10) years, the board shall adopt a

master plan for higher education which shall be for the guidance

of the Governor, the General Assembly, and all institutions of

higher education financed wholly or in part from State

appropriations. The master plan shall:

(1) define the role of each type of institution (State-owned

universities, State-related universities, community colleges,

private colleges and universities and off-campus centers of any

of these and other institutions authorized to grant degrees) in

this Commonwealth;

(2) recommend enrollment levels for each such institution;

(3) recommend methods for governance;

(4) recommend methods for the distribution of State funds

among the institutions;

(5) evaluate the status of physical plants and technical

equipment and project needs;

(6) evaluate the status of and projection of manpower needs;

(7) evaluate enrollment accessibility to institutions of

higher learning by the public; and

(8) otherwise provide for an orderly development of

institutions of higher education in this Commonwealth.

(i) Every [five (5)] ten (10) years, the board shall adopt a

master plan for basic education which shall be for the guidance

of the Governor, the General Assembly, and all public school

entities. The master plan shall consider and make

recommendations on the following areas, and any other areas

which the board deems appropriate:

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(1) school program approval, evaluation and requirements;

(2) school personnel training and certification;

(3) student testing and assessment;

(4) school governance and organization;

(5) curriculum materials development;

(6) school finance;

(7) school buildings and facilities;

(8) transportation;

(9) technical services and support services to local

education agencies; and

(10) projected long-range needs of the public school system

of this Commonwealth.

* * *

Section 21. Notwithstanding section 10 of the act of

November 3, 2016 (P.L.1061, No.138), the act of November 3, 2016

(P.L.1061, No.138), shall apply as follows:

(1) For a public school district, a charter school, a

cyber charter school, a regional charter school or an area

vocational-technical school, the act of November 3, 2016

(P.L.1061, No.138), shall apply to the 2017-2018 school year

and each school year thereafter.

(2) For a nonpublic school, the act of November 3, 2016

(P.L.1061, No.138), shall apply to the 2018-2019 school year

and each school year thereafter.

Section 22. The following provisions shall apply

retroactively to July 1, 2017:

(1) The amendment of section 732.1 of the act.

(2) The amendment or addition of section 1913-A(b)(1.6)

(x) and (1.8) of the act.

(3) (Reserved).

(4) The addition of section 2321 of the act.

(5) The amendment or addition of section 2502.53(c)(5)

and (d)(1.1) and (3) of the act.

(6) The amendment of section 2509.1(c.2) of the act.

(7) The amendment of section 2599.6 of the act.

Section 23. This act shall take effect as follows:

(1) The amendment of section 1337(d) of the act shall

take effect in 30 days.

(2) The amendment or addition of sections 1549 and

1549.1 of the act shall take effect in 60 days.

(3) The remainder of this act shall take effect

immediately.

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