H0265B2286A02929 MSP:JSL 09/23/19 #90 A02929
AMENDMENTS TO HOUSE BILL NO. 265
Sponsor: SENATOR CORMAN
Printer's No. 2286
Amend Bill, page 1, lines 9 and 10, by striking out "PASMART
ONLINE CAREER RESOURCE CENTER AND FOR"
Amend Bill, page 1, line 11, by inserting after
"CLEARINGHOUSE"
and for PAsmart online career resource center
Amend Bill, page 1, lines 21 and 22, by striking out "and
providing for references to "area" in line 21 and all of line 22
and inserting
replacing references to "vocational-technical" with "career and
technical," replacing references to "vocational" with "career
and technical" and replacing references to "vocation" with
"career and technical"; deleting references to vocational
school districts; and renaming the State Board for Vocational
Education as the State Board of Career and Technical
Education.
Amend Bill, page 1, line 25; page 2, lines 1 and 2; by
striking out all of said lines on said pages and inserting
Section 1. Sections 111(a.1) introductory paragraph, (1),
(2) and (3), (b), (e) introductory paragraph, (f.2) and (j)(1)
and (2) and 111.1(n) of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, are amended to
read:
Section 111. Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.--
(a.1) Beginning April 1, 2007, this section shall apply to
all current and prospective employes of public and private
schools, intermediate units and area [vocational-technical]
career and technical schools, including, but not limited to,
teachers, substitutes, janitors, cafeteria workers, independent
contractors and their employes, except those employes and
independent contractors and their employes who have no direct
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contact with children.
(1) Beginning April 1, 2007, this section shall apply to bus
drivers employed or offered employment by a school district,
private school, nonpublic school, intermediate unit or area
[vocational-technical] career and technical school or by an
independent contractor.
(2) Beginning April 1, 2007, this section shall apply to
student teachers and student teacher candidates assigned to all
public and private schools, intermediate units and area
[vocational-technical] career and technical schools.
(3) For purposes of this section, "student teacher" or
"student teacher candidate" shall mean an individual
participating in a classroom teaching, internship, clinical or
field experience who, as part of a program for the initial or
advanced preparation of professional educators, performs
classroom teaching or assists in the education program in a
public or private school, intermediate unit or area [vocational-
technical] career and technical school under the supervision of
educator preparation program faculty.
* * *
(b) Administrators of public and private schools,
intermediate units and area [vocational-technical] career and
technical schools shall require prospective employes to submit
with their employment application, pursuant to 18 Pa.C.S. Ch. 91
(relating to criminal history record information), a report of
criminal history record information from the Pennsylvania State
Police or a statement from the Pennsylvania State Police that
the State Police central repository contains no such information
relating to that person. Such report of criminal history record
information shall be no more than five (5) years old. An
applicant may submit a copy of the required information with the
application for employment. Administrators shall maintain a copy
of the required information. Administrators shall require
contractors to produce a report of criminal history record
information for each prospective employe of such contractor
prior to employment. A copy of the report of criminal history
record information from the Pennsylvania State Police shall be
made available to the applicant in a manner prescribed by the
Department of Education.
* * *
(e) No person subject to this act shall be employed or
remain employed in a public or private school, intermediate unit
or area [vocational-technical] career and technical school where
a report of criminal history record information or a form
submitted by an employe under subsection (j) indicates the
person has been convicted of any of the following offenses:
* * *
(f.2) Nothing in this section shall be construed to
interfere with the ability of a public or private school,
intermediate unit or area [vocational-technical] career and
technical school to make employment, discipline or termination
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decisions, provided that this subsection shall not be construed
to conflict with subsection (e), (f.1) or (j)(6).
* * *
(j) (1) The department shall develop a standardized form to
be used by current and prospective employes of public and
private schools, intermediate units and area [vocational-
technical] career and technical schools for the written
reporting by current and prospective employes of any arrest or
conviction for an offense enumerated under subsections (e) and
(f.1). The form shall provide a space in which a current or
prospective employe who has not been convicted of or arrested
for any such offense will respond "no conviction" and "no
arrest." The form also shall provide that failure to accurately
report any arrest or conviction for an offense enumerated under
subsection (e) or (f.1) shall subject the current or prospective
employe to criminal prosecution under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities). The
department shall publish the form on its publicly accessible
Internet website and in the Pennsylvania Bulletin.
(2) All current and prospective employes of a public or
private school, intermediate unit or area [vocational-technical]
career and technical school shall complete the form described in
clause (1), indicating whether or not they have been arrested
for or convicted of an offense enumerated under subsections (e)
and (f.1), provided that any current employe who completed the
form on or before December 27, 2011, in compliance with clauses
(1) and (2) on that date and who has not been arrested for or
convicted of an offense enumerated under subsections (e) and
(f.1) shall not be required to complete an additional form under
this subsection.
* * *
Section 111.1. Employment History Review.--* * *
(n) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Abuse." Conduct that falls under the purview and reporting
requirements of 23 Pa.C.S. Ch. 63 and is directed toward or
against a child or a student, regardless of the age of the child
or student.
"Direct contact with children." The possibility of care,
supervision, guidance or control of children or routine
interaction with children.
"School entity." Any public school, including a charter
school or cyber charter school, private school, nonpublic
school, intermediate unit or area [vocational-technical] career
and technical school operating within this Commonwealth.
"Sexual misconduct." Any act, including, but not limited to,
any verbal, nonverbal, written or electronic communication or
physical activity, directed toward or with a child or a student
regardless of the age of the child or student that is designed
to establish a romantic or sexual relationship with the child or
student. Such acts include, but are not limited to:
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(1) Sexual or romantic invitation.
(2) Dating or soliciting dates.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments.
(5) Self-disclosure or physical exposure of a sexual,
romantic or erotic nature.
(6) Any sexual, indecent, romantic or erotic contact with
the child or student.
Section 2. Section 121(b)(2)(iii), (c)(2) and (d) of the
act, amended October 24, 2018 (P.L.1146, No.158), are amended to
read:
Section 121. Keystone Exams and Graduation Requirements.--*
* *
(b) The following shall apply:
* * *
(2) The Department of Education shall investigate and
develop alternatives in addition to the use of the Keystone
Exams as a requirement for graduation and shall, within six (6)
months of the effective date of this paragraph, issue a report
of the Department of Education's findings and recommendations,
including proposed legislation, to the chairman and minority
chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of the
House of Representatives. The report shall, at a minimum,
contain a detailed plan and timeline within which the Department
of Education shall accomplish all of the following:
* * *
(iii) Ensure that no student is prohibited from
participation in [vocational-technical] career and technical
education or elective courses or programs as a result of
supplemental instruction required in 22 Pa. Code §§ 4.24(k) and
4.51b(f) (relating to Keystone Exams).
(c) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24 or 4.51 or any statute or regulation to the contrary, in
any school year in which a demonstration of proficiency on a
Keystone Exam is required for high school graduation, a CTE
Concentrator shall be deemed proficient provided that the CTE
Concentrator shall meet all of the following requirements:
* * *
(2) completes one of the following:
(i) attains an industry-based competency certification
related to the CTE Concentrator's program of study; or
(ii) demonstrates a high likelihood of success on an
approved industry-based competency assessment or readiness for
continued meaningful engagement in the CTE Concentrator's
program of study as demonstrated by performance on benchmark
assessments, course grades and other factors consistent with the
CTE Concentrator's goals and career plan and determined for the
CTE Concentrator by a chief school administrator in consultation
with an area [vocational-technical] career and technical school
director or principal of a comprehensive high school. The
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determination shall be made no later than the end of eleventh
grade, or, for a student enrolled in a one-year program, the end
of the first semester of twelfth grade.
* * *
(d) 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:
"Accredited four-year nonprofit institution of higher
education." Any of the following:
(1) A university within the State System of Higher Education
under Article XX-A.
(2) A State-related institution as defined in section 1502-
A.
(3) Any accredited nonprofit public, private or independent
college or university that confers four-year baccalaureate
degrees.
"Accredited nonprofit institution of higher education." Any
of the following:
(1) A community college operating under Article XIX-A.
(2) An accredited four-year nonprofit institution of higher
education.
(3) Any accredited nonprofit public, private or independent
college or university.
(4) The Thaddeus Stevens College of Technology.
"ACT." A standardized test for the assessment of college
readiness administered by ACT.
"ACT WorkKeys assessment." An assessment of workplace skills
administered by ACT.
"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 exam.
"Approved alternative assessment." A SAT, PSAT, ACT or Armed
Services Vocational Aptitude Battery test.
"Approved industry-based competency assessment." A NOCTI
exam, NIMS assessment or other industry-based competency
assessment identified by the Secretary of Education and approved
by the State Board of Education or identified by an act of the
General Assembly.
"Armed Services Vocational Aptitude Battery Test." The
aptitude test developed and maintained by the United States
Department of Defense.
"Chief school administrator." The superintendent of a school
district, executive director of an intermediate unit,
administrative director of an area [vocational-technical] career
and technical school or chief executive officer of a charter
school, cyber charter school, regional charter school or
multiple charter school organization.
"Concurrent enrollment course." A course in which a
secondary student is enrolled and, upon successful completion of
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which both high school and postsecondary credit are earned.
"Cooperative education program." A program of instruction
whereby students alternate or coordinate their high school
studies with a job in a field related to their academic or
career objectives.
"CTE Concentrator." A student who, by the end of a reporting
year, will be reported as successfully completing at least fifty
percent (50%) of the minimum technical instructional hours
required under 22 Pa. Code Ch. 339 (relating to vocational
education).
"Department." The Department of Education of the
Commonwealth.
"Established score." A score recommended by the secretary
and approved by the State Board of Education.
"GPA." Grade point average.
"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 sixteen (16)
to nineteen (19) years of age for higher education and life in a
global society.
"NIMS assessment." An assessment based on the National
Institute for Metalworking Skills standards.
"NOCTI exam." A National Occupational Competency Testing
Institute exam.
"Postsecondary course." A course in which a secondary
student is enrolled and, upon successful completion,
postsecondary credit is earned.
"Preapprenticeship program." An apprenticeship program
registered with the Pennsylvania Apprenticeship and Training
Council.
"SAT." A standardized test for the assessment of college
readiness administered by the College Board.
"SAT Subject Test." A standardized test for the assessment
of a specific content area administered by the College Board.
"School entity." A school district, intermediate unit, area
[vocational-technical] career and technical school, charter
school, cyber charter school, regional charter school or
multiple charter school organization.
"Secretary." The Secretary of Education of the Commonwealth.
Section 3. Section 126(a)(1)(v) and (vi) of the act are
amended to read:
Section 126. Every Student Succeeds Act State Plan Review.--
(a) State plan submissions shall be developed by the department
under section 1111 of the Elementary and Secondary Education Act
of 1965 (Public Law 89-110, 20 U.S.C. § 6311), as amended by the
Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802),
and submitted to the General Assembly as follows:
(1) The department shall develop State plan submissions with
timely and meaningful consultation with the chair and minority
chair of the Education Committee of the Senate and the chair and
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minority chair of the Education Committee of the House of
Representatives, with opportunity for input into the State plan
submission's formation. Consultation shall occur with regard to
the initiatives that are newly created or that retain or modify
existing law or regulation with regard to the following:
* * *
(v) [Vocational and career] Career and technical education
academic assessments, pathways and standards.
(vi) Comparability and fairness in assessments of school
districts, intermediate units, area [vocational-technical]
career and technical schools, charter schools and cyber charter
schools.
* * *
Section 4. The act is amended by adding a section to read:
Amend Bill, page 5, lines 11 through 14, by striking out all
of said lines and inserting
Section 5. Sections 218, 220(c), 221.2(c)(1)(iv) and (f)(4)
(i), 222(c) and 322 of the act are amended to read:
Section 218. Reports to Department of Education.--(a) An
annual financial report shall be submitted to the Secretary of
Education by each school district, charter school, cyber charter
school and area [vocational-technical] career and technical
school not later than the 31st day of October. All financial
accounting and reporting by school districts, charter schools,
cyber charter schools and area [vocational-technical] career and
technical schools to the Department of Education shall be in
accordance with generally accepted accounting and reporting
standards, except that management discussion and analysis and
related notes and the following financial statements shall not
be required components of the annual financial report: entity-
wide financial statements, including the statement of activities
and the statement of net assets; the reconciliation of the
balance sheet - governmental funds to statement of net assets;
and the reconciliation of the statement of revenues,
expenditures and changes in fund balances - governmental funds
to statement of activities. The Department of Education shall
establish a reporting standard for the annual financial report.
(b) The chief school administrator and board secretary of a
school district, charter school, cyber charter school or area
[vocational-technical] career and technical school shall submit
a signed statement to the Department of Education not later than
the 31st day of December of each year certifying that: the
audited financial statements of the school district, charter
school, cyber charter school or area [vocational-technical]
career and technical school have been properly audited pursuant
to Article XXIV and that in the independent auditor's
professional opinion, the financial information submitted in the
annual financial report was materially consistent with the
audited financial statements.
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(c) If the financial information submitted in the annual
financial report was not materially consistent with the audited
financial statements, the school district, charter school, cyber
charter school or area [vocational-technical] career and
technical school shall submit a revised annual financial report
to the Department of Education not later than the 31st day of
December.
(d) The Department of Education shall order the forfeiture
penalties provided for under section 2552.1(a.1) against a
school district, charter school, cyber charter school or area
[vocational-technical] career and technical school for failure
to timely submit an annual financial report or revised annual
financial report.
Section 220. State Report Card.--* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Education of the
Commonwealth.
"Local education agency." A school district, cyber charter
school, charter school, area [vocational-technical] career and
technical school or intermediate unit.
Section 221.2. Data Collection Reduction.--* * *
(c) (1) Within thirty (30) days of the effective date of
this section, the State Board shall establish an advisory
committee consisting of:
* * *
(iv) The following members, to be appointed by the State
Board in consultation with education associations representing
school districts, intermediate units, public school employes,
charter school entities and area [vocational-technical] career
and technical schools:
(A) Two school district business managers.
(B) Two intermediate unit business managers.
(C) Two charter school entity business managers.
(D) Two area [vocational-technical] career and technical
school business managers.
(E) One representative from a school district board of
school directors.
(F) One representative from an intermediate unit board of
directors.
(G) One representative from a charter school entity board of
trustees.
(H) One representative from an area [vocational-technical]
career and technical school joint operating committee.
(I) One member of a Statewide association representing
public school entity employes that has a membership on the
effective date of this section of greater than 140,000 public
school entity employes.
* * *
(f) For purposes of this section:
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* * *
(4) "Public school entity" shall mean any of the following:
(i) An area [vocational-technical] career and technical
school.
* * *
Section 222. Drop-out Data Collection.--* * *
(c) 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.
"School entity." A public school district, charter school,
cyber charter school or area [vocational-technical] career and
technical school.
Section 322. Eligibility; Incompatible Offices.--Any citizen
of this Commonwealth, having a good moral character, being
eighteen (18) years of age or upwards, and having been a
resident of the district for at least one (1) year prior to the
date of his election or appointment, shall be eligible to the
office of school director therein: Provided, That any person
holding any office or position of profit under the government of
any city of the first class, or the office of mayor, chief
burgess, county commissioner, district attorney, city, borough,
or township treasurer, member of council in any municipality,
township commissioner, township supervisor, tax collector,
assessor, assistant assessor, any comptroller, auditor,
constable, executive director or assistant executive director of
an intermediate unit, supervisor, principal, teacher, or employe
of any school district, shall not be eligible as a school
director in this Commonwealth. This section shall not prevent
any district superintendent, assistant district superintendent,
supervisor, teacher, or employe of any school district, from
being a school director in a district other than the one in
which he is so employed, and other than in a district with which
the district in which he is employed operates a joint school or
department. Provided, however, That a joint school or department
does not include a [vocational] career and technical school,
intermediate unit or community college: And provided further,
That a school director who is a supervisor, principal, teacher
or employe of a [vocational] career and technical school,
intermediate unit or community college shall not serve as a
member of a board of the [vocational] career and technical
school, intermediate unit or community college in which he is a
supervisor, principal, teacher or employe: And provided further,
That a school director who is a supervisor, principal, teacher
or employe of a [vocational] career and technical school,
intermediate unit or community college, shall not be assigned to
a position of employment under the supervision of the district
in which he or she serves as a member of the board of school
directors. A school director shall not be eligible to the office
of member of council in any municipality.
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Section 6. Section 425(d) of the act, added June 22, 2018
(P.L.241, No.39), is amended to read:
Section 425. Executive Sessions.--* * *
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Executive session" shall have the meaning given to the term
under 65 Pa.C.S. § 703 (relating to definitions).
"School entity" shall mean a school district, intermediate
unit, joint school, area [vocational-technical] career and
technical school, charter school, regional charter school or
cyber charter school.
Section 7. Sections 502, 513(b.1)(1) and (6), 522 and 527 of
the act are amended to read:
Section 502. Additional Schools and Departments.--In
addition to the elementary public schools, the board of school
directors in any school district may establish, equip, furnish,
and maintain the following additional schools or departments for
the education and recreation of persons residing in said
district, and for the proper operation of its schools, namely:--
High schools,
Trade schools,
[Vocational] Career and technical schools,
[Technical schools,]
Cafeterias,
Agricultural schools,
Evening schools,
Kindergartens,
Libraries,
Museums,
Reading-rooms,
Gymnasiums,
Playgrounds,
Schools for physically and mentally handicapped,
Truant schools,
Parental schools,
Schools for adults,
Public lectures,
Such other schools or educational departments as the
directors, in their wisdom, may see proper to establish.
Said additional schools or departments, when established,
shall be an integral part of the public school system in such
school district and shall be so administered.
No pupil shall be refused admission to the courses in these
additional schools or departments, by reason of the fact that
his elementary or academic education is being or has been
received in a school other than a public school.
Section 513. Group Insurance Contracts.--* * *
(b.1) (1) School districts, intermediate units and area
[vocational-technical] career and technical schools shall give
employes and their dependents, upon the employe's retirement,
the option of continuing coverage in the group health plan to
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which they belonged as employes.
* * *
(6) School districts, intermediate units and area
[vocational-technical] career and technical schools shall report
annually to the Department of Education the increased costs
resulting exclusively from the inclusion of qualified annuitants
and their dependents in the entity's group health plan, for the
purpose of evaluating the feasibility of future Commonwealth
funding.
* * *
Section 522. Payments of Salaries of Professional Employes
Granted Leaves of Absence as Exchange Teachers Authorized;
Rights Preserved.--Any board of public education or board of
school directors of any school district [or vocational school
district] of this Commonwealth is hereby authorized to pay any
professional employe the salary he would be entitled to if
teaching in the school district from which he is granted a leave
of absence to serve as an exchange teacher in any foreign
country or territory or possession of the United States of
America.
Any professional employe, while on leave as an exchange
teacher, shall be considered to be in regular full-time daily
attendance in the position from which the leave was granted,
during the period of said leave, for the purpose of determining
the employe's length of service, the right to receive increments
as provided by law, and the right to make contributions as a
member of the Public School Employees' Retirement Fund and
continue his or her membership therein, the right to service
credits toward the time necessary for a sabbatical leave for
health or a leave of absence for professional development, and
the right to accumulate days of leave on account of illness or
accidental injury.
Section 527. Drug Law Convictions.--(a) Any employe,
professional or otherwise, of a school district, intermediate
unit or area [vocational-technical] career and technical school
who is convicted of delivery of a controlled substance or
convicted of possession of a controlled substance with the
intent to deliver, as prohibited by the act of April 14, 1972
(P.L.233, No.64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act," shall be terminated from his or her
employment with the school entity. The governing body of the
school entity shall enforce this section.
(b) Notwithstanding any other provisions of this act, any
person subject to this section who, while employed in a public
or private school, intermediate unit or area [vocational-
technical] career and technical school, is convicted of any of
the offenses enumerated in subsection (e) of section 111 of this
act shall be immediately terminated from such employment.
Section 8. Section 528(d) of the act, added June 22, 2018
(P.L.241, No.39), is amended to read:
Section 528. Third-Party Services.--* * *
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(d) 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:
"Non-instructional services" shall mean services provided by
a school employee whose terms and conditions of employment are
governed by a collective bargaining agreement negotiated between
the school employer and the exclusive representative of the
employe and excluding services provided by a professional
employe, a substitute or a temporary professional employe as
those terms are defined under section 1101.
"School employer" shall mean a board of school directors, an
intermediate unit board of directors or an area [vocational-
technical] career and technical board of directors.
"Third party" shall mean a for-profit service provider,
including a business or corporation, that contracts with a
school employer to provide non-instructional services. The term
shall not include an individual.
Section 9. Section 613(f) of the act is amended to read:
Section 613. Management Information Reports.--* * *
(f) Beginning with the 2001-2002 school year and each school
year thereafter, the mandatory reporting requirements of this
section shall apply, as prescribed by the department, to area
[vocational-technical] career and technical schools,
intermediate units and charter schools to the extent that
funding is available. Area [vocational-technical] career and
technical schools, intermediate units and charter schools shall
apply for funding in a form and manner prescribed by the
department.
Section 10. The definitions of "area vocational-technical
school," "market value/personal income aid ratio" and "public
school entity" in section 602-B of the act are amended to read:
Section 602-B. 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:
* * *
"Area [vocational-technical] career and technical school."
As defined in section 1841.
* * *
"Market value/personal income aid ratio." A school
district's combined market value and personal income wealth per
pupil relative to the State average.
(1) For an area [vocational-technical] career and
technical school, this amount shall be calculated based on
the sum of market value and personal income wealth data for
each of the area [vocational-technical] career and technical
school's component school districts.
(2) For a charter school or regional charter school,
this amount shall be calculated based on the sum of market
value and personal income wealth data for each school
district that granted a charter to the charter school or
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regional charter school under section 1717-A or 1718-A.
(3) For a cyber charter school, this amount shall be
calculated based on the sum of market value and personal
income wealth data for the school district in which the cyber
charter school's administrative offices are located.
* * *
"Public school entity." Any of the following:
(1) An area [vocational-technical] career and technical
school.
(2) A school district.
(3) A charter school entity.
* * *
Section 11. Sections 701.1 second paragraph, 772.1(c),
772.2(e), 776.1, 909-A, 914-A(16), 1089(f), 1101(1), 1113(d)(1),
1123(e), (i), (n) and (o)(2) and (8), 1141, 1142(a) and (b),
1142.1(d), 1144.1, 1145, 1146(4), 1164(a), 1166(a) and 1176(a)
of the act are amended to read:
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--* * *
The applicable aggregate building expenditure standard shall
be a total amount calculated for each building or substantial
addition by multiplying the rated pupil capacity under the
approved room schedule by the following: two thousand eight
hundred dollars ($2,800) for each pupil of rated elementary
capacity; four thousand two hundred dollars ($4,200) for each
pupil of rated secondary capacity in grades seven, eight and
nine and five thousand two hundred dollars ($5,200) for each
pupil of rated secondary capacity in grades ten, eleven and
twelve and five thousand two hundred dollars ($5,200) for each
pupil of rated [vocational-technical] career and technical
capacity in grades ten, eleven and twelve to not include the
cost of equipment and fixtures in such [vocational-technical]
career and technical schools: Provided, however, That each of
the preceding per pupil amounts shall be adjusted by the
Department of Education on July 1, 1974; and annually thereafter
through July 1, 2003, by multiplying said amounts by the ratio
of the composite construction cost index compiled and published
by the United States Department of Commerce for the preceding
calendar year to such index for the next preceding calendar
year; and Further Provided, however, That each of the preceding
per pupil amounts shall be adjusted by the Department of
Education on July 1, 2004; and annually thereafter by
multiplying said amounts by the ratio of the Building Cost Index
published by the McGraw-Hill Companies for the preceding
calendar year to such index for the next preceding calendar
year. Rated elementary pupil capacity or rated secondary pupil
capacity for any school building shall be the rated pupil
capacity determined on the basis of the method used by the
Department for school building reimbursement purposes during the
school year 1971-1972.
* * *
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Section 772.1. Integrated Pest Management Programs.--* * *
(c) 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 Agriculture of the
Commonwealth.
"Integrated pest management plan." A plan which establishes
a sustainable approach to managing pests by combining
biological, cultural, physical and chemical tools in a way which
minimizes economic, health and environmental risks.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. § 136w).
"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and a
substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"School." A school district, an intermediate unit, an area
[vocational-technical] career and technical school or any of
these entities acting jointly.
Section 772.2. Notification of Pesticide Treatments at
Schools.--* * *
(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:
"Applicator." A certified applicator, commercial applicator
or public applicator.
"Certified applicator." An individual who is certified under
section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
No.24), known as the "Pennsylvania Pesticide Control Act of
1973," as competent to use or supervise the use or application
of any pesticide.
"Commercial applicator." A certified applicator, whether or
not he is a private applicator with respect to some uses, who
uses or supervises the use of any pesticide on the property or
premises of another or on easements granted under State law, or
any applicator who uses or supervises the use of any restricted-
use pesticide on property owned or rented by him or his
employer, when not for purposes of producing an agricultural
product. The secretary may by regulation deem certain types of
applicators using any pesticide on their own property or that of
their employer as commercial applicators.
"Department." The Department of Agriculture of the
Commonwealth.
"Insect." Any of the numerous small invertebrate animals
generally having a more or less obviously segmented body, for
the most part belonging to the class Insecta, comprising six-
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legged, usually winged forms, as, for example, beetles, bugs,
bees and flies, and to other allied classes of arthropods whose
members are wingless and usually have more than six (6) legs,
as, for example, spiders, mites, ticks, centipedes and wood
lice.
"Nematode." An invertebrate animal of the phylum
Nemathelminthes and class Nematoda, that is, unsegmented round
worms with elongated, fusiform or saclike bodies covered with
cuticle and inhabiting soil, water, plants or plant parts. The
term includes nemas and eelworms.
"Person." An individual, partnership, association,
corporation or any organized group of persons, whether
incorporated or not.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. § 136w).
"Pest control information sheet." A document which contains
the date of treatment, the name, address and telephone number of
the applicator, the pesticide utilized and any other information
that is required by the Secretary of Agriculture.
"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and a
substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"Pesticide application technician." An individual employed
by a commercial applicator or governmental agency who, having
met the competency requirements as set forth in the act of March
1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
Control Act of 1973," is registered by the Secretary of
Agriculture to apply pesticides under the direct supervision of
a certified applicator.
"Public applicator." A certified applicator who applies
pesticides as an employe of the Commonwealth or its
instrumentalities or a local agency.
"School." A school district, an intermediate unit or an area
[vocational-technical] career and technical school or any of
these entities acting jointly.
Section 776.1. Child Day-Care Centers in School Buildings.--
For purposes of the issuance or renewal of any license, or for
inspections, under section 1007 of the act of June 13, 1967
(P.L.31, No.21), known as the ["Public Welfare Code,"] "Human
Services Code," child day-care centers operated for school-age
children in public and private school buildings, buildings
utilized by intermediate units or area [vocational-technical]
career and technical school buildings which meet the physical
site requirements provided for by the department shall be deemed
to comply with any Department of [Public Welfare] Human Services
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child day-care service requirements or regulation concerning
physical site requirements.
Section 909-A. [Vocational-Technical] Career and Technical
Education.--All powers and duties of county boards of school
directors with respect to vocational-technical education are
hereby transferred to intermediate unit boards of directors,
effective July 1, 1971; and all Commonwealth payments
theretofore paid to county boards of school directors on account
of vocational-technical education shall thereafter be paid to
intermediate unit boards of directors for career and technical
education.
Section 914-A. Powers and Duties of the Intermediate Unit
Board of Directors.--An intermediate unit board of directors
shall have the power and its duty shall be:
* * *
(16) To prepare and submit to the State Board [for
Vocational] of Career and Technical Education proposals for
arranging school districts of the intermediate unit into area
[vocational-technical] career and technical attendance areas or
any revisions thereof. A school district in an adjacent
intermediate unit may be included in such proposed attendance
area with the concurring approval of the board of school
directors of the school district and the intermediate unit to
which it belongs.
* * *
Section 1089. Business Administrator.--* * *
(f) For purposes of this section, the term "school entity"
shall mean a school district, intermediate unit or an area
[vocational-technical] career and technical school. The term
"governing board" shall mean the board of directors or joint
board of such entity.
Section 1101. Definitions.--As used in this article,
(1) The term "professional employe" shall include those who
are certificated as teachers, supervisors, supervising
principals, principals, assistant principals, vice-principals,
directors of [vocational] career and technical education, dental
hygienists, visiting teachers, home and school visitors, school
counselors, child nutrition program specialists, school
librarians, school secretaries the selection of whom is on the
basis of merit as determined by eligibility lists and school
nurses.
* * *
Section 1113. Transferred Programs and Classes.--* * *
(d) (1) As used in this section, the term "school entity"
or "school entities" shall mean an intermediate unit and its
participating school districts or an area [vocational-technical]
career and technical school and its sending school districts.
* * *
Section 1123. Rating System.--* * *
(e) Notwithstanding subsections (b), (c) and (d),
professional employes and temporary professional employes
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serving as classroom teachers, principals and nonteaching
professional employes may be evaluated through the use of a
rating tool developed by an individual school district,
intermediate unit or area [vocational-technical] career and
technical school that the department has approved as meeting or
exceeding the measures of effectiveness established under this
section.
* * *
(i) All school districts, intermediate units and area
[vocational-technical] career and technical schools shall
provide to the department the aggregate results of all
professional employe and temporary professional employe,
principal and nonteaching professional employe evaluations.
* * *
(n) The requirements of this section shall apply to all
school districts, intermediate units and area [vocational-
technical] career and technical schools.
(o) For purposes of this section:
* * *
(2) The term "chief school administrator" shall include
individuals who are employed as a school district
superintendent, an executive director of an intermediate unit or
a chief school administrator of an area [vocational-technical]
career and technical school.
* * *
(8) The term "principal" shall include a building principal,
an assistant principal, a vice principal or a director of
[vocational] career and technical education.
* * *
Section 1141. Definitions.--For the purposes of this
subdivision.--
(1) "Teacher" shall include all professional employes and
temporary professional employes, who devote fifty per centum
(50%) of their time, or more, to teaching or other direct
educational activities, such as classroom teachers,
demonstration teachers, museum teachers, counsellors,
librarians, school nurses, dental hygienists, home and school
visitors, and other similar professional employes and temporary
professional employes, certificated in accordance with the
qualifications established by the State Board of Education.
(2) "Service increments" shall mean increases in annual
salary granted to all professional employes by reason of their
years of service in the school district or [vocational] career
and technical school district.
(3) "Standard certificate" shall mean any one of the
following certificates: permanent State certificate, State
Normal School certificate, State Normal School diploma,
temporary standard certificate, permanent standard certificate,
State standard limited certificate, temporary extension standard
certificate, permanent extension standard certificate.
(4) "College certificate" shall mean a college provisional
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certificate, a college permanent certificate, or its equivalent.
(5) "Master's Degree" shall mean a degree secured at a
college or university approved by the Department of [Public
Instruction] Education.
The State Board of Education shall establish equivalents for
both college certificates and master's degrees. In determining
the equivalents, in the case of teachers of applied arts and
[vocational] career and technical subjects, the State Board of
Education shall give due consideration to practical experience
in the field taught.
Section 1142. Minimum Salaries and Increments.--(a) Except
as hereinafter otherwise provided, all school districts and
[vocational] career and technical school districts shall pay all
regular and temporary teachers, supervisors, directors and
coordinators of [vocational] career and technical education,
psychologists, teachers of classes for exceptional children,
supervising principals, [vocational] career and technical
teachers, and principals in the public schools of the district
the minimum salaries and increments for the school year 1968-
1969 and each school year thereafter, as provided in the
following tabulation in accordance with the column in which the
professional employe is grouped and the step which the
professional employe has attained by years of experience within
the school district each step after step 1 constituting one year
of service. When a school district, by agreement, places a
professional employe on a step in the salary scale, each step
thereafter shall constitute one year of service. When a district
adopts a salary scale in excess of the mandated scale, it shall
not be deemed to have altered or increased the step which the
employe has gained through years of service.
(b) Professional employes shall be grouped in the following
columns:
Class A. Teachers holding a standard certificate valid for
the subject or grades in which the teacher is giving
instruction.
Class B. Teachers holding a college certificate valid for the
subjects or grades in which the teacher is giving instruction.
Class C. Teachers of classes approved by the Department of
[Public Instruction] Education for exceptional children holding
a standard certificate valid for the subjects or grades in which
the teacher is giving instruction.
Class D. Teachers of classes approved by the Department of
[Public Instruction] Education for exceptional children holding
a college certificate valid for the subjects or grades in which
the teacher is giving instruction.
Class E. Supervisors, directors and coordinators of
[vocational] career and technical education, who devote one-half
or more of their time to supervision of instruction, and
psychologists, holding a standard or college certificate.
Class F. Principals, who devote one-half or more of their
time to supervision and administration and having less than
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twenty (20) teachers under their supervision, who hold a
standard certificate, or college certificate.
Class G. Such principals, having twenty (20) or more
teachers under their supervision, but less than forty (40), and
who hold a standard certificate, or college certificate.
Class H. Such principals, having forty (40) or more teachers
under there supervision, but less than sixty (60), and who hold
a standard certificate, or college certificate.
Class I. Such principals, having sixty (60) or more but less
than eighty (80) teachers under their supervision, and who hold
a standard certificate, or college certificate.
Class J. Such principals, having eighty (80) or more
teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class K. Supervising principals, having less than forty (40)
teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class L. Supervising principals, having forty (40) or more
teachers under their supervision, but less than sixty (60), who
hold a standard certificate, or college certificate.
Class M. Supervising principals, having sixty (60) or more
but less than eighty (80) teachers under their supervision, and
who hold a standard certificate, or college certificate.
Class N. Supervising principals, having eighty (80) or more
but less than one hundred (100) teachers under their
supervision, and who hold a standard certificate, or college
certificate.
Class O. Supervising principals, having one hundred (100) or
more teachers under their supervision, and who hold a standard
certificate or college certificate.
Class P. [Vocational] Career and technical teachers, holding
a standard or college certificate valid for the subjects or
grades in which the teacher is giving instruction, and who is
employed for the entire calendar year because of seasonal
activities.
* * *
Section 1142.1. Minimum Salaries for Teachers.--* * *
(d) For purposes of this section, the following terms shall
have the following meanings:
"Board of school directors" shall mean board of school
directors, intermediate unit board of directors and area
[vocational-technical] career and technical board.
"School district" shall mean school district, intermediate
unit and area [vocational-technical] career and technical
school.
"Teacher" shall mean classroom teachers and all others
included within the definition of "teacher" in section 1141,
including speech correctionists and instructional department
chairmen employed by a school district.
Section 1144.1. Teachers of Applied Arts and [Vocational]
Career and Technical Subjects.--Teachers of applied arts and
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[vocational] career and technical subjects who hold a standard
certificate shall be entitled to the same minimum salary and
increments as teachers who hold a college certificate.
Teachers of applied arts and [vocational] career and
technical subjects who hold a standard certificate and have
earned an additional thirty (30) semester hours of credit in
professional education in the teaching field in which said
teacher is engaged or related thereto shall be entitled to the
same minimum salary and increments as teachers holding a
Master's Degree.
Section 1145. Minimum Salaries for Teachers With Emergency
Certificates.--In all school districts [and vocational school
districts], the minimum annual salary of teachers, who hold only
emergency certificates for any grade or subject which they
teach, shall be one thousand six hundred dollars ($1600).
Section 1146. Part-time Teachers, etc.--The minimum salary
of all part-time teachers, supervisors and principals shall be
as follows:
* * *
(4) [Vocational] Career and Technical Extension Education.
(a) Teachers and supervisors in approved programs of
[vocational] career and technical adult extension education,
four dollars ($4.00) per hour.
(b) All part-time teachers and supervisors in approved
[vocational] career and technical extension education shall be
limited to a maximum of ten (10) hours per week at the rate of
four dollars ($4.00) per hour. When hours in excess of ten (10)
hours per week are assigned the hourly rate shall be adjusted by
the district to conform with the established schedule but shall
be not less than one dollar and seventy-five cents ($1.75) per
hour.
* * *
Section 1164. Compensation Plans for School
Administrators.--(a) As used in this section, the following
words will have the following meanings:
"Administrative compensation" shall mean administrator
salaries and fringe benefits and shall include any board
decision that directly affects administrator compensation such
as administrative evaluation and early retirement programs.
"School administrator" shall mean any employe of the school
entity below the rank of district superintendent, executive
director, director of [vocational-technical] career and
technical school, assistant district superintendent or assistant
executive director, but including the rank of first level
supervisor, who by virtue of assigned duties is not in a
bargaining unit of public employes as created under the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act." However, this definition shall not apply to
anyone who has the duties and responsibilities of the position
of business manager or personnel director, but not to include
principals.
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"School employer" shall mean a board of school directors, the
area [vocational-technical] career and technical school board of
directors or the intermediate unit board of school directors as
defined in this act.
* * *
Section 1166. Persons Entitled.--(a) Any person employed in
the public school system of this Commonwealth who has completed
ten (10) years of satisfactory service as a professional employe
or member of the supervisory, instructional or administrative
staff, or as a commissioned officer, of any board of school
directors, county board of school directors, or any other part
of the public school system of the Commonwealth, shall be
entitled to a leave of absence for professional development or a
sabbatical leave for restoration of health or, at the discretion
of the board of school directors, for other purposes. At least
five consecutive years of such service shall have been in the
school district from which leave of absence for professional
development or sabbatical leave for restoration of health is
sought, unless the board of school directors shall in its
discretion allow a shorter time: Provided, however, That in the
case of professional employes of area [vocational-technical]
career and technical schools or technical institutes prior
service in the participating school districts shall be credited
toward such service requirement. A leave of absence for
professional development or sabbatical leave for restoration of
health shall be for a half or full school term or for two half
school terms during a period of two years, at the option of such
person: Provided, however, if a sabbatical leave is requested
because of the illness of an employe, a leave shall be granted
for a period equivalent to a half or full school term or
equivalent to two half school terms during a period of two
years: Provided further, That if a sabbatical leave for
restoration of health or a leave of absence for professional
development for one half school term or its equivalent has been
granted and the employe is unable to return to school service
because of illness or physical disability, the employe, upon
written request prior to the expiration of the original leave,
shall be entitled to a further leave for one half school term or
its equivalent: Provided further, That if a leave for a full
school term or its equivalent has been granted and the employe
is unable to return to school service because of illness or
physical disability, the board of school directors may extend
such leave for such periods as it may determine but not to
exceed one full school term or its equivalent. Thereafter, one
leave of absence for professional development or a sabbatical
leave for restoration of health shall be allowed after each
seven years of service.
* * *
Section 1176. Leave of Absence.--
(a) Any employe of any school district, who shall have been
regularly employed by any school district or [vocational school
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district] career and technical school for any period, and who
shall volunteer for military service in the armed forces of the
United States of America in time of war or during a state of
national emergency or who shall be inducted for military service
in the Armed Forces of the United States of America at any time,
shall, within thirty (30) days after the receipt of notice to
report for duty, send a copy of such notice to the secretary of
the school board by which he is employed.
* * *
Section 12. Section 1183(d) of the act, added October 24,
2018 (P.L.736, No.119), is amended to read:
Section 1183. Military Parent Student Support.--* * *
(d) 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:
"Public school entity." Any public school, including a
school district, charter school, regional charter school, cyber
charter school, intermediate unit or area [vocational-technical]
career and technical school operating within this Commonwealth.
Section 13. Section 1195(h) of the act is amended to read:
Section 1195. Distinguished Educators Program.--* * *
(h) Any school district, intermediate unit or area
[vocational-technical] career and technical school may grant
leave to a Distinguished Educator to serve under and in
accordance with the provisions of this article.
* * *
Section 14. The definition of "school entity" in section
1101-A of the act is amended to read:
Section 1101-A. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"School entity" shall mean a public school district,
intermediate unit or area [vocational-technical] career and
technical school.
* * *
Section 15. The definition of "public school" in section
1101-B of the act is amended to read:
Section 1101-B. 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:
* * *
"Public school." A school operated by a school district,
intermediate unit, charter school, cyber charter school or an
area [vocational-technical] career and technical school.
Section 16. Sections 1105-B(c)(1)(i), 1201.1(a) introductory
paragraph, (2), (5) and (7) and 1204.1(a) of the act are amended
to read:
Section 1105-B. Repayment.
* * *
(c) Waiver of repayment.--Upon the application of the
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eligible teacher, the department:
(1) Shall waive the repayment requirement if the
department finds that the teacher was unable to complete the
process or meet the requirements of section 1104-B(b) due to:
(i) administrative action on the part of the school
district or area [vocational-technical] career and
technical school for other than causes enumerated in
section 1122;
* * *
Section 1201.1. Substitute Teaching Permit for Prospective
Teachers.--(a) An individual who does not hold a certificate
under section 1201 shall be eligible to teach as a substitute in
a school district, an area [vocational-technical] career and
technical school or an intermediate unit provided that:
* * *
(2) The chief school administrator of a school district, an
area [vocational-technical] career and technical school or an
intermediate unit may issue a Substitute Teaching Permit for
Prospective Teachers to an uncertified individual meeting the
requirements of clause (1) who provides verification of the
individual's enrollment status under paragraph (1)(i) and
completed hours under paragraph (1)(ii).
* * *
(5) The individual shall receive a salary fixed by the
governing body of the school district, area [vocational-
technical] career and technical school or intermediate unit.
* * *
(7) The Department of Education shall provide an annual
report on the use of the permits under this section to 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. To
complete the report, the department shall annually survey school
districts, [vocational-technical] career and technical schools
and intermediate units.
* * *
Section 1204.1. Standard Employment Application.--(a) The
Secretary of Education, in consultation with organizations
representing school administrators, including personnel
administrators, teachers and school boards, shall develop a
standard employment application form for use by individuals
eligible for or in possession of instructional, [vocational]
career and technical instructional, intern or [vocational]
career and technical intern teaching certificates in making
application for employment with school districts within this
Commonwealth.
* * *
Section 17. Section 1204.2 of the act, amended June 22, 2018
(P.L.241, No.39), is amended to read:
Section 1204.2. [Vocational] Career and Technical
Instructional Certificate.--(a) The Secretary of Education may
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grant a certificate under this section to every person who
presents to the Department of Education satisfactory evidence of
good moral character and who has completed such work in
[vocational] career and technical education as may be required
by the standards of the State Board of Education.
(b) In addition to other requirements promulgated by the
State Board of Education, the State Board of Education shall
require an applicant to present evidence of at least four (4)
years of wage-earning experience in the occupation to be taught
in order for the Secretary of Education to grant the applicant a
[Vocational] Career and Technical Intern Certificate under 22
Pa. Code § 49.151 (relating to eligibility and criteria).
(c) Notwithstanding any other requirement promulgated by the
State Board of Education, the State Board of Education shall not
require an applicant to have completed more than eighteen (18)
credit hours in an approved program of [vocational] career and
technical teacher education in order for the Secretary of
Education to grant the applicant a [Vocational] Career and
Technical Instructional I Certificate under 22 Pa. Code § 49.142
(relating to Vocational Instructional I), which certificate
shall entitle the individual to teach for eight (8) annual
school terms.
(d) Notwithstanding any other requirement promulgated by the
State Board of Education, the State Board of Education shall not
require an applicant to have completed more than sixty (60)
total credit hours in an approved program of [vocational] career
and technical teacher education in order for the Secretary of
Education to grant the applicant a [Vocational] Career and
Technical Instructional II Certificate under 22 Pa. Code §
49.143 (relating to Vocational Instructional II). Credit hours
in an approved program of [vocational] career and technical
teacher education completed by the applicant toward the
fulfillment of the requirements for a [Vocational] Career and
Technical Instructional I Certificate shall be counted toward
the total credit hours required for a [Vocational] Career and
Technical Instructional II Certificate.
(e) The Department of Education shall form a professional
advisory committee for the purposes of reviewing [vocational]
career and technical instructional certification program
guidelines every five (5) years to ensure that the requirements
for program design and delivery pertain to the professional
responsibilities of a [vocational] career and technical
educator. The professional advisory committee shall, at a
minimum, include representatives whose primary responsibility is
teaching occupational skills in State-approved [vocational]
career and technical education programs.
Section 18. Sections 1205.1(f)(2), 1205.2(n.1)(2) and (o),
1205.4(d), 1205.5(g) and (h)(2), 1205.6(b), 1207.1(d)(1)
introductory paragraph, 1217(a)(2)(i) and (c) and 1317.2(a),
(b), (c), (e) and (f) introductory paragraph of the act are
amended to read:
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Section 1205.1. Continuing Professional Development.--* * *
(f) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
Section 1205.2. Program of Continuing Professional
Education.--* * *
(n.1) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
* * *
(o) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Approved provider" is an institution of higher education,
school entity, individual, corporation, partnership, limited
liability company or association approved by the department to
provide continuing professional education credits or hours under
this section. Provided, a school entity may approve a provider
of continuing professional education credits or hours in
accordance with department guidelines.
"Area of a professional educator's assignment or
certification" shall mean any component of the education
profession as it relates to the current job title or description
of the professional educator or to any area of certification
listed on the professional employe's Pennsylvania certification
or to the type of certificate or endorsement held by the
professional educator.
"Collegiate studies" shall mean a formal program or course of
study at an institution of higher education leading to the award
of academic credit.
"Compliance period" shall mean the period of time in which a
professional educator must satisfactorily complete continuing
professional education as required under subsection (a) and
which concludes every five years beginning:
(1) July 1, 2000, for those professional educators who were
issued a State certificate prior to July 1, 2000; or
(2) on the date on which the professional educator is issued
a State certificate for those professional educators who were
certified after July 1, 2000.
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"Continuing professional education courses" shall mean
courses for credit, other than collegiate studies, conducted by
providers approved by the department.
"Professional educator" shall mean an individual who holds a
Pennsylvania teacher, educational specialist or administrative
certification or letter of eligibility.
"School entity" shall mean a school district, an intermediate
unit, a joint school district, an area [vocational-technical]
career and technical school, a charter school[, the Scotland
School for Veterans' Children] and the Scranton School for the
Deaf or any of these acting jointly.
Section 1205.4. CPR Instruction.--* * *
(d) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit or area
[vocational-technical] career and technical school.
Section 1205.5. Continuing Professional Education for School
or System Leaders.--* * *
(g) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area [vocational-technical] career
and technical school.
(h) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
Section 1205.6. Child Abuse Recognition and Reporting
Training.--* * *
(b) Definitions.--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:
"Abuse." Conduct that falls under the purview and reporting
requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
services) and is directed toward or against a child or student,
regardless of the age of the child or student.
"Direct contact with children." The possibility of care,
supervision, guidance or control of children or routine
interaction with children.
"School entity." A public school, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area [vocational-technical] career and technical school.
"Sexual misconduct." Any act, including, but not limited to,
any verbal, nonverbal, written or electronic communication or
physical activity, directed toward or with a child or student
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that is designed to establish a romantic or sexual relationship
with the child or student. Such acts include, but are not
limited to:
(1) Sexual or romantic invitation.
(2) Dating or soliciting dates.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments.
(5) Self-disclosure or physical exposure of a sexual,
romantic or erotic nature.
(6) Any sexual, indecent, romantic or erotic contact with
the child or student.
Section 1207.1. Postbaccalaureate Certification.--* * *
(d) (1) Notwithstanding any other provision of law, no
person shall be granted an administrative certificate or a
[vocational] career and technical director certificate by the
Department of Education unless:
* * *
Section 1217. Pennsylvania School Leadership Standards.--(a)
Programs provided under section 1205.5(c) and (d) to prepare
school or system leaders and for purposes of issuing
administrator certificates or letters of eligibility and
approved programs for the induction and continuing professional
education of school or system leaders shall address:
* * *
(2) The following corollary standards:
(i) Creating a culture of teaching and learning with an
emphasis on learning, including teaching and learning in
manufacturing and [vocational] career and technical fields.
* * *
(c) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area [vocational-technical] career
and technical school.
Section 1317.2. Possession of Weapons Prohibited.--(a)
Except as otherwise provided in this section, a school district
or area [vocational-technical] career and technical school shall
expel, for a period of not less than one year, any student who
is determined to have brought onto or is in possession of a
weapon on any school property, any school-sponsored activity or
any public conveyance providing transportation to a school or
school-sponsored activity.
(b) Every school district and area [vocational-technical]
career and technical school shall develop a written policy
regarding expulsions for possession of a weapon as required
under this section. Expulsions shall be conducted pursuant to
all applicable regulations.
(c) The superintendent of a school district or an
administrative director of an area [vocational-technical] career
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and technical school may recommend modifications of such
expulsion requirements for a student on a case-by-case basis.
The superintendent or other chief administrative officer of a
school entity shall, in the case of an exceptional student, take
all steps necessary to comply with the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
et seq.).
* * *
(e) Nothing in this section shall be construed as limiting
the authority or duty of a school or area [vocational-technical]
career and technical school to make an alternative assignment or
provide alternative educational services during the period of
expulsion.
* * *
(f) All school districts and area [vocational-technical]
career and technical schools shall report all incidents
involving possession of a weapon prohibited by this section as
follows:
* * *
Section 19. The definition of "educational entity" in
section 1326 of the act, amended June 22, 2018 (P.L.241, No.39),
is amended to read:
Section 1326. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"Educational entity" shall mean a public school district,
charter school, regional charter school, cyber charter school or
area [vocational-technical] career and technical school.
* * *
Section 20. Sections 1327(a), 1361(1) and 1381 of the act
are amended to read:
Section 1327. Compulsory School Attendance.--(a) Except as
hereinafter provided, every child of compulsory school age
having a legal residence in this Commonwealth, as provided in
this article, and every migratory child of compulsory school
age, is required to attend a day school in which the subjects
and activities prescribed by the standards of the State Board of
Education are taught in the English language. In lieu of such
school attendance, any child fifteen years of age with the
approval of the district superintendent and the approval of the
Secretary of Education, and any child sixteen years of age with
the approval of the district superintendent of schools, may
enroll as a day student in a private trade school or in a
private business school licensed by the Department of Education,
or in a trade or business school, or department operated by a
local school district or districts. Such modified program
offered in a public school must meet the standards prescribed by
the State Board of Education or the State Board [for Vocational]
of Career and Technical Education. Except as hereinafter
provided, every parent, guardian, or other person having control
or charge of any child or children of compulsory school age is
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required to send such child or children to a day school in which
the subjects and activities prescribed by the standards of the
State Board of Education are taught in the English language.
Such parent, guardian, or other person having control or charge
of any child or children, fifteen or sixteen years of age, in
accordance with the provisions of this act, may send such child
or children to a private trade school or private business school
licensed by the Department of Education, or to a trade or
business school, or department operated by a local school
district or districts. Such modified program offered in a public
school must meet the standards prescribed by the State Board of
Education or the State Board [for Vocational] of Career and
Technical Education. Such child or children shall attend such
school continuously through the entire term, during which the
public schools in their respective districts shall be in
session, or in cases of children of migrant laborers during the
time the schools are in session in the districts in which such
children are temporarily domiciled. The financial responsibility
for the education of such children of migrant laborers shall
remain with the school district in which such children of
migrant laborers are temporarily domiciled; except in the case
of special schools or classes conducted by an intermediate unit
and approved by the Department of Education or conducted by the
Department of Education. The certificate of any principal or
teacher of a private school, or of any institution for the
education of children, in which the subjects and activities
prescribed by the standards of the State Board of Education are
taught in the English language, setting forth that the work of
said school is in compliance with the provisions of this act,
shall be sufficient and satisfactory evidence thereof. Regular
daily instruction in the English language, for the time herein
required, by a properly qualified private tutor, shall be
considered as complying with the provisions of this section. For
the purposes of this section, "properly qualified private tutor"
shall mean a person who is certified by the Commonwealth of
Pennsylvania to teach in the public schools of Pennsylvania; who
is teaching one or more children who are members of a single
family; who provides the majority of the instruction to such
child or children; and who is receiving a fee or other
consideration for such instructional services. No person who
would be disqualified from school employment by the provisions
of subsection (e) of section 111 may be a private tutor, as
provided for in this section. The private tutor must file a copy
of his Pennsylvania certification and the required criminal
history record with the student's district of residence
superintendent.
* * *
Section 1361. When Provided.--(1) The board of school
directors in any school district may, out of the funds of the
district, provide for the free transportation of any resident
pupil to and from the kindergarten, elementary school, or
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secondary school in which he is lawfully enrolled, provided that
such school is not operated for profit and is located within the
district boundaries or outside the district boundaries at a
distance not exceeding ten miles by the nearest public highway,
except that such ten-mile limit shall not apply to area
[vocational technical] career and technical schools which
regularly serve eligible district pupils or to special schools
and classes approved by the Department of Education, and to and
from any points within or without the Commonwealth in order to
provide field trips for any purpose connected with the
educational pursuits of the pupils. When provision is made by a
board of school directors for the transportation of public
school pupils to and from such schools or to and from any points
within or without the Commonwealth in order to provide field
trips as herein provided, the board of school directors shall
also make identical provision for the free transportation of
pupils who regularly attend nonpublic kindergarten, elementary
and high schools not operated for profit to and from such
schools or to and from any points within or without the
Commonwealth in order to provide field trips as herein provided.
Such transportation of pupils attending nonpublic schools shall
be provided during regular school hours on such dates and
periods that the nonpublic school not operated for profit is in
regular session, according to the school calendar officially
adopted by the directors of the same in accordance with
provisions of law. The board of school directors shall provide
such transportation whenever so required by any of the
provisions of this act or of any other act of Assembly.
* * *
Section 1381. Higher Education for Blind or Deaf Students.--
The Department of [Public Instruction] Education is authorized
to make provision for defraying the necessary expense of any
students who are blind or deaf and are regularly enrolled
students pursuing any course of study, profession, art, or
science in any university, college, conservatory of music,
normal, professional, or [vocational] career and technical
school approved by the Department of [Public Instruction]
Education, and who are residents of [the] this Commonwealth.
Before any contract is entered into, the Department of [Public
Instruction] Education shall make a careful investigation of all
circumstances surrounding the case. If, after such
investigation, it appears that any [blind or deaf] student who
is deaf or blind who desires to attend any such school or
institution, or who is attending such school or institution,
seems to be fitted for special work, the Department of [Public
Instruction] Education is authorized to expend the necessary
amount, out of the general sum appropriated for this purpose,
not to exceed five hundred dollars ($500) per year for each such
[blind or deaf] student who is deaf or blind.
Section 21. The definitions of "chief school administrator"
and "school entity" in section 1301-A of the act are amended to
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read:
Section 1301-A. Definitions.--As used in this article,
"Chief school administrator" shall mean the superintendent of
a public school district, superintendent of an area [vocational-
technical] career and technical school, executive director of an
intermediate unit or chief executive officer of a charter
school.
* * *
"School entity" shall mean any public school district,
intermediate unit, area [vocational-technical] career and
technical school or charter school.
* * *
Section 22. The definition of "school entity" in section
1301-C of the act, amended July 2, 2019 (P.L.406, No.67), is
amended to read:
Section 1301-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:
* * *
"School entity." A school district, intermediate unit, area
[vocational-technical] career and technical school, charter
school or private residential rehabilitative institution.
* * *
Section 23. The definition of "school entity" in section
1302-D of the act, added June 22, 2018 (P.L.327, No.44), is
amended to read:
Section 1302-D. 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:
* * *
"School entity." A school district, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area [vocational-technical] career and technical school
operating within this Commonwealth.
Section 24. Sections 1414.1(d), 1414.2(j), 1414.3(e),
1414.4(d), 1414.5(d), 1423(l), 1424(c) and 1505(e) of the act
are amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.--* * *
(d) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area [vocational-
technical] career and technical school.
* * *
Section 1414.2. School Access to Emergency Epinephrine.--* *
*
(j) As used in this section, "school entity" means a school
district, intermediate unit, charter school, cyber charter
school, regional charter school or area [vocational-technical]
career and technical school.
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Section 1414.3. Education of School Employes in Diabetes
Care and Management.--* * *
(e) For purposes of this section, "school entity" means a
school district, intermediate unit, area [vocational-technical]
career and technical school, charter school or cyber charter
school.
Section 1414.4. Diabetes Care in Schools.--* * *
(d) For purposes of this section:
"School bus" means a school bus as defined in 75 Pa.C.S. §
102 (relating to definitions).
"School entity" means a school district, intermediate unit,
area [vocational-technical] career and technical school, charter
school or cyber charter school.
"School vehicle" means a school vehicle as defined in 75
Pa.C.S. § 102.
Section 1414.5. Possession and Use of Diabetes Medication
and Monitoring Equipment.--* * *
(d) For purposes of this section, the following terms shall
have the following meanings:
"School entity" means a school district, intermediate unit,
area [vocational-technical] career and technical school, charter
school or cyber charter school.
"Diabetes medication" means glucagon and insulin.
Section 1423. Automatic External Defibrillators.--* * *
(l) As used in this section--
"Automatic external defibrillator" means a portable device
that uses electric shock to restore a stable heart rhythm to an
individual in cardiac arrest.
"Department" means the Department of Education of the
Commonwealth.
"Nonpublic school" means a nonprofit school, other than a
public school within this Commonwealth, wherein a resident of
this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meets the
applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 78 Stat. 241).
"School building" means a building owned by or under the
control of a school entity or nonpublic school where classes are
taught or extracurricular activities are conducted on a regular
basis.
"School entity" means an area [vocational-technical] career
and technical school, a charter school, a cyber charter school,
an intermediate unit or a school district.
"Secretary" means the Secretary of Education of the
Commonwealth.
Section 1424. Cardiopulmonary Resuscitation.--* * *
(c) As used in this section, "school entity" means an area
[vocational-technical] career and technical school, a charter
school, a cyber charter school, an intermediate unit, a
nonpublic school or a school district.
Section 1505. Secretary Declaration of Emergencies.--* * *
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(e) 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:
"Charter school entity" shall mean a charter school, regional
charter school or cyber charter school.
"Department" shall mean the Department of Education of the
Commonwealth.
"School entity" shall mean a school district, area
[vocational-technical] career and technical school or
intermediate unit.
Section 25. The definition of "public school entity" in
section 1506(h) of the act, added July 2, 2019 (P.L.396, No.64),
is amended to read:
Section 1506. Flexible Instructional Days.--* * *
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
* * *
"Public school entity" shall mean any of the following:
(1) A school district.
(2) An intermediate unit.
(3) An area [vocational-technical] career and technical
school.
(4) A charter school or regional charter school, as defined
in section 1703-A.
* * *
Section 26. Sections 1517(f), 1526(d) and 1527(c) of the act
are amended to read:
Section 1517. Fire and Emergency Evacuation Drills.--* * *
(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] career and 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]
career and technical school, school district, intermediate unit,
charter school or regional charter school.
"School security drill" shall mean a planned exercise, other
than a fire drill or natural disaster drill, designed to
practice procedures to respond to an emergency situation that
may include, but is not limited to, an act of terrorism, armed
intruder situation or other violent threat.
Section 1526. Youth Suicide Awareness and Prevention.--* * *
(d) 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.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
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fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area [vocational-technical] career and
technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1527. Child Exploitation Awareness Education.--* * *
(c) 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.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area [vocational-technical] career and
technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 27. The definition of "school entity" in section
1528(f) of the act, added June 2, 2019 (P.L.31, No.7), is
amended to read:
Section 1528. Cardiopulmonary Resuscitation Education.--* *
*
(f) 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:
* * *
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area [vocational-technical] career and
technical school.
Section 28. Section 1549(e) of the act is amended to read:
Section 1549. 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.
"School entity." A public school district, intermediate unit
or area [vocational-technical] career and technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 29. Section 1549.1(f)(3)(v) and (p) of the act are
amended and subsection (l) is amended by adding a paragraph to
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read:
Section 1549.1. Commission for Agricultural Education
Excellence.--* * *
(f) The commission shall consist of the following members:
* * *
(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:
* * *
(v) Two teachers of [vocational] career and technical
agriculture, one from a career and technical center and one from
a school district.
* * *
Amend Bill, page 5, line 30, by striking out all of said line
and inserting
(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] career and technical school.
Section 30. Sections 1551(f), 1554(g) and 1503-A(a) and (c)
(2) and (4) of the act are amended to read:
Section 1551. Economic Education and Personal Financial
Literacy Programs.--* * *
(f) The following words and phrases when used in this
section shall have the meanings given to them in this
subsection:
"Department." The Department of Education of the
Commonwealth.
"Personal financial literacy." The integration of various
factors relating to personal financial management, including
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understanding financial institutions, using money, learning to
manage personal assets and liabilities, creating budgets and any
other factors that may assist an individual in this Commonwealth
to be financially responsible.
"School entity." A public school district, charter school,
cyber charter school, intermediate unit or area [vocational-
technical] career and technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1554. Holocaust, Genocide and Human Rights
Violations Instruction.--* * *
(g) For purposes of this section, the term "school entity"
shall mean a school district, charter school, regional charter
school, cyber charter school, intermediate unit or area
[vocational-technical] career and technical school.
Section 1503-A. Basic Education Grants.--(a) Grants shall
be allocated to school districts and to area [vocational-
technical] career and technical schools by the department from
funds appropriated for this purpose. A nonpublic school, an
intermediate unit or local library may participate in the grant
process through a partnership with a school district.
* * *
(c) * * *
(2) School districts, charter schools, area [vocational-
technical] career and technical schools and intermediate units
are eligible to apply for grants as prescribed by the
department. Maximum grant awards will be established by the
department based on a formula that considers the market
value/income aid ratio and average daily membership. The
department may establish matching requirements for grant
recipients.
* * *
(4) An applicant may collaborate or form a partnership with
one or more of the following: a political subdivision, a school
district, an area [vocational-technical] career and technical
school, an intermediate unit, a nonpublic school, a local
library, an independent institution of higher education, a
State-owned institution, a State-related institution, a
community education council or any other entity approved by the
Department of Education.
Section 31. The definition of "school entity" in section
1501-C of the act is amended to read:
Section 1501-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:
* * *
"School entity." Shall mean:
(1) For purposes of the Educational Support Services
Program, any of the following located in this Commonwealth: a
school district, intermediate unit, joint school district,
area [vocational-technical] career and technical school,
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charter school, independent school, licensed private academic
school, accredited school, a school registered under section
1327(b)[, the Scotland School for Veterans' Children] or the
Scranton School for the Deaf.
(2) For purposes of the Educational Assistance Program
established in section 1502-C, any of the following located
in this Commonwealth: a school district, joint school
district, area [vocational-technical] career and technical
school or independent school.
Section 32. The definition of "school entity" in section
1502-I of the act is amended to read:
Section 1502-I. 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:
* * *
"School entity." Any of the following:
(1) A school district.
(2) An intermediate unit.
(3) An area [vocational-technical] career and technical
school.
(4) A charter school or regional charter school, as
defined in section 1703-A.
* * *
Section 33. Section 1605(c)(2) of the act is amended to
read:
Section 1605. Courses of Study.--* * *
(c) * * *
(2) As used in this subsection, "public high school" shall
mean a public school, including a school within a school
district, a charter school, a cyber charter school, a regional
charter school or an area [vocational-technical] career and
technical school, that offers twelfth grade.
Section 34. The definition of "school entity" in section
1605.1(d) of the act, added June 19, 2018 (P.L.227, No.35), is
amended to read:
Section 1605.1. Assessment of Civic Knowledge.--* * *
(d) 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:
* * *
"School entity" shall mean a school district, area
[vocational-technical] career and technical school, intermediate
unit, charter school, cyber charter school or regional charter
school.
* * *
Section 35. Sections 1607(a) and 1614(a) of the act are
amended to read:
Section 1607. Attendance in Other Districts.--(a) Except as
set forth in subsection (b), pupils residing in a school
district in which no public high school is maintained may
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attend, during the entire term, at the expense of the school
district of which they are residents, the nearest or most
conveniently located high school of such class as they may
desire to attend, unless the board of school directors of the
district of residence shall have assigned the pupils to a high
school and adequate transportation is provided thereto. Pupils
who reside in a school district in which no public high school,
other than a [vocational] career and technical high school is
maintained, may attend, during the entire term, the nearest or
most conveniently located academic high school. In any district
which maintains a high school whose program of studies
terminates before the end of the twelfth year, pupils who have
satisfactorily completed the program of studies there available
in other than [vocational] career and technical schools or
departments, or have completed a program of studies equivalent
to said program of studies in some other school or schools, may
attend, at the expense of the school district in which they
live, and for the purpose of pursuing academic studies of a
higher grade, the nearest or most conveniently located high
school of such type as they may desire to attend giving further
high school work.
* * *
Section 1614. Participation By Students With Disabilities in
High School Graduation Ceremonies.--(a) For the 2005-2006
school year and each school year thereafter, a board of school
directors of a school district, an area [vocational-technical]
career and technical school or a charter school shall allow a
student with a disability, whose individualized education
program as established pursuant to 22 Pa. Code § 14.131
(relating to IEP) prescribes continued special education
programs beyond the fourth year of high school, to participate
in commencement ceremonies with the student's graduating class
and receive a certificate of attendance, provided that the
student has attended four years of high school regardless of
whether the student has completed the individualized education
program.
* * *
Section 36. The definitions of "concurrent student" and
"school entity" in section 1602-B of the act are amended to
read:
Section 1602-B. 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:
* * *
"Concurrent student." A student who is enrolled in a school
district, a charter school, an area [vocational-technical]
career and technical school, a nonpublic school, a private
school or a home education program under section 1327.1 and who
takes a concurrent course through a concurrent enrollment
program.
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* * *
"School entity." A school district or an area [vocational-
technical] career and technical school.
* * *
Section 37. Sections 1603-B(c)(1), 1614-B(b) and 1615-B(a)
of the act are amended to read:
Section 1603-B. Responsibilities of department and State Board
of Education.
* * *
(c) Grants.--
(1) The department shall provide a grant to any school
entity that has applied for grant funds under section 1611-
B(c) and has approved a concurrent enrollment program as set
forth in this article. The grant amount to each school entity
shall be calculated for each concurrent course as follows:
(i) Determine the total approved cost for all
concurrent students who are residents of the school
district or enrolled in the area [vocational-technical]
career and technical school.
(ii) Multiply the amount from subparagraph (i) by
the sum of 0.425 and the market value/income aid ratio of
the school entity, provided that where a concurrent
student is enrolled in an area [vocational-technical]
career and technical school, the market value/income aid
ratio shall be the average of the market value/income aid
ratios of the concurrent students' school districts of
residence.
* * *
Section 1614-B. Enrollment in concurrent courses.
* * *
(b) Optional enrollment.--A student enrolled in a school
district, charter school, area [vocational-technical] career and
technical school, nonpublic school, private school or home
education program who does not qualify under subsection (a) may
enroll in concurrent courses that are part of a concurrent
enrollment program approved by the student's school district of
residence or the area [vocational-technical] career and
technical school in which the student is enrolled by meeting
alternate criteria agreed upon by the school entity and the
eligible postsecondary institution at which the student seeks to
enroll in concurrent courses, provided that the charter school,
nonpublic school, private school or home education program
awards secondary credit for a successfully completed concurrent
course. The student shall be included in the number of students
reported to the department under section 1611-B(b) and (c).
Section 1615-B. Credit for concurrent courses.
(a) Award.--A school district, charter school, area
[vocational-technical] career and technical school, nonpublic
school, private school or home education program shall award
secondary credit for a successfully completed concurrent course,
with success being determined by the eligible postsecondary
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institution and set forth in the concurrent enrollment agreement
under section 1613-B(b)(4).
* * *
Section 38. The definition of "school entity" in section
1602-C of the act is amended to read:
Section 1602-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:
* * *
"School entity." A school of a school district, joint school
district, area [vocational-technical] career and technical
school or charter school that provides interscholastic athletic
opportunities for secondary school students.
* * *
Section 39. Section 1707 of the act is amended to read:
Section 1707. Joint School Committee.--The boards of school
directors, establishing any joint school or department, may
supervise and direct its affairs, jointly, in the same manner as
the affairs of individual school districts are managed; or they
may agree that the affairs of such joint school or department
may be managed by a joint school committee within the limits of
the budget adopted by the joint board. Where such management is
delegated to a joint school committee, every school board
establishing joint schools or departments shall, at the annual
meeting during the month of December, select one or more of its
members who, with the members chosen in like manner in the other
districts, shall constitute the joint school committee. Every
such school board may also select at any annual or regular
meeting one or more alternates from its members to serve in the
event selected members are unable to attend a meeting of the
joint school committee. The alternate, when directed by the
president of the school board to attend a meeting of the joint
school committee in the absence of the selected member, shall
have all the powers and duties of a regular member of such
committee. This committee shall have all the powers and duties
and be subject to all the liabilities with reference to the
supervision, maintenance and regulation of such joint schools or
departments as are now conferred or imposed by law upon school
boards generally. The affirmative vote of a majority of all the
members of this committee, duly recorded, showing how each
member voted, shall be required in order to take action upon
those subjects enumerated in section five hundred eight of this
act. Such votes may be recorded in a joint meeting or by mail
ballot. Failure to comply with the provisions of this act shall
render void and unenforceable the acts of the joint school
committee with reference thereto. The joint board and the joint
school committee, if authorized, shall organize annually during
the month of December by electing a president, vice-president
and secretary, who shall perform the duties imposed by this act
on the president, vice-president and secretary of regular school
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boards. The secretary so elected shall serve for a term of four
years. The expenses of maintaining the joint school or
department shall be paid by warrant drawn on the joint board
treasurer by the president and secretary of the joint board or
the joint school committee.
Whenever two or more boards of school directors, who are at
the time members of a joint board operating a joint school or
department, join with other boards of school directors in the
formation of a joint school committee operating an area
[vocational-technical] career and technical school or technical
institute, the joint committee may be formed as may be agreed:
Provided, That each joint school or department have at least one
member on the joint school committee.
Section 40. The definition of "school entity" in section
1703-A of the act is amended to read:
Section 1703-A. Definitions.--As used in this article,
* * *
"School entity" shall mean a school district, intermediate
unit, joint school or area [vocational-technical] career and
technical school.
* * *
Section 41. The heading of Article XVIII of the act is
amended to read:
ARTICLE XVIII.
[VOCATIONAL] CAREER AND TECHNICAL EDUCATION.
Section 42. Sections 1801, 1802, 1803, 1803.1 introductory
paragraph and (1), 1804, 1805, 1806, 1807, 1808, 1809, 1810 and
1811 of the act are amended to read:
Section 1801. Definitions.--The following words and phrases
as used in this article shall, unless a different meaning is
plainly required by the context, have the following meanings:
(1) "State Board [for Vocational] of Career and Technical
Education" shall mean the State Board of Education, herein
invested with powers to administer this article of this act
under the designation of the State Board [for Vocational] of
Career and Technical Education.
(2) "[Vocational] Career and technical education" shall mean
any form of education of less than college grade, given in
school or elsewhere, the purpose of which is to fit an
individual to pursue effectively a recognized profitable
employment, whether pursued for wages or otherwise.
(3) "[Vocational] Career and technical industrial education"
shall mean those forms of [vocational] career and technical
education that fit for industrial pursuits. It includes
occupational training for [women and girls other than training
for the vocation of homemaking] nontraditional employment. It
includes also public and other service occupations.
(4) "[Vocational] Career and technical agricultural
education" shall mean that form of [vocational] career and
technical education which develops student potential for success
in entering and advancing through careers in the food,
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agriculture and natural resources sciences, such as production
agriculture, animal science, agribusiness management and
marketing, agricultural research, energy systems, agricultural
mechanics and engineering, biotechnology, food science,
processing and retailing, banking, agricultural education,
forestry, horticulture, landscape contracting, nursery and
floriculture production, retail garden center management,
leadership and career development, management, economics and
marketing, natural resource management, plant and soil science,
power and systems technology, rural-urban interfacing and other
related fields.
(5) "[Vocational] Career and technical marketing and
distributive occupational education" shall mean those forms of
[vocational] career and technical education [designed for those
workers engaged in or preparing for employment as distributors
to consumers, retailers, jobbers, wholesalers, and others of the
products of farm and industry, including, also, managers
operating or conducting a commercial service or personal service
business, or selling the services of such a business.] which
develops student potential for success in entering and advancing
through careers in distribution, financing, marketing, storing
and warehousing, pricing, product and service management and
sales promotion and small business.
(6) "[Vocational homemaking] Career and technical family and
consumer sciences education" shall mean that form [attitudes in
the subject matter areas of home economics] of career and
technical education which develops student potential for success
in entering and advancing through careers involving parenting
and child development, human development, nutrition, wellness
and food science, along with hospitality and tourism,
independent living, interpersonal relationships, home
management, fashion marketing, resource management, consumer
rights and financial literacy and career and family connections
and useful programs that are designed to help individuals and
families [improve home environment and the quality of family
life] manage the multiple roles necessary to balance family,
career and community responsibilities.
(7) "[Vocational] Career and technical industrial,
[vocational] career and technical agricultural, [vocational]
career and technical marketing and distributive occupational
education, or [vocational homemaking] career and technical
family and consumer sciences school or department," or
"[vocational] career and technical school or department," shall
mean a distinctive organization of courses, pupils, and teachers
approved by the State Board [for Vocational] of Career and
Technical Education, designed to give either [vocational] career
and technical industrial, [vocational] career and technical
agricultural, [vocational] career and technical marketing and
distributive occupational, or [vocational homemaking] career and
technical family and consumer sciences education, as herein
defined.
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(8) "[Vocational] Career and technical evening class" shall
mean a class providing such instruction for persons sixteen
years of age or over, who have left full-time school. These
classes may be conducted in the evening, or at hours when
workers are able to attend, and shall include instruction that
will either increase the skill or knowledge of the worker in the
occupation in which he is employed, or include instruction for
those who are unemployed or about to become unemployed because
of changing conditions in industry, and whose previous
experience, as a background, prepares them for employment in
related fields within a limited time.
(9) "[Vocational] Career and technical evening class" in
[vocational homemaking] career and technical family and consumer
sciences shall mean a class giving training as indicated in
clause (6) for students during the evening.
(10) "[Vocational homemaking] Career and technical family
and consumer sciences school or department" shall mean a
[vocational] career and technical school or department designed
to develop, on a [vocational] career and technical basis, the
capacity for useful employment as indicated in clause (6).
(11) "Part-time schools or classes" shall mean those schools
or classes which provide instruction in subjects given to
enlarge the civic or [vocational] career and technical knowledge
or skill of workers over fourteen years of age who have entered
upon employment. Such schools must be so organized as to permit
workers, who are qualified for admission, to spend part of their
time during the day, week, month, or year in employment, and
part of the time in school.
(12) "Part-time cooperative [vocational] career and
technical education" refers to that form of [vocational] career
and technical instruction that involves attendance on alternate,
equal periods of school and work at the [vocation] career during
the school year, given in accordance with an agreement by which
the school and industry cooperate and coordinate in making
available the combined educational and training facilities of
both.
(13) "Practical" refers to manipulative or "practice-of-the-
trade" aspects of a [vocation] career. It includes such work
given in shops, laboratories, mines, drafting rooms, and other
places, and is to distinguish such work from "academic" or
["nonvocational"] "noncareer and nontechnical" education.
(14) "Public service-school" refers to schools, departments,
classes, and conferences for the in-service training of public
and other service occupations, including [policemen, firemen]
police officers, firefighters, finance officers, school board
officials, and others.
(15) "[Vocational] Technical Education" shall mean a
subject, or combination of subjects, of less than college grade
designed to prepare an individual to enter or advance in an
occupational field wherein success is largely dependent upon
knowledge or techniques and applied sciences, the practice of
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which involves aspects of planning, managing, controlling,
processing or distributing products, sales and services.
(16) "[Vocational] Career and technical business [and office
education"], computer and information technology" shall mean a
subject or combination of subjects of less than college grade
designed to prepare an individual to enter or advance in an
occupational field wherein success is largely dependent upon
skill and knowledge necessary to obtain competency in
[bookkeeping,] the areas of accounting and information
technologies, clerical, data processing, [or stenographic]
computer applications, programming and operating systems,
including hardware and software applications, entrepreneurship,
international business, business math, finance, management
concepts, consumer economics, budgeting, investing and taxes,
personal finance, electronic commerce, business and consumer law
or business communications occupations, and similar business
pursuits.
Section 1802. State Board [for Vocational] of Career and
Technical Education; Executive Officer; Employes.--The
[Superintendent of Public Instruction] Secretary of Education
shall be the executive officer of the State Board [for
Vocational] of Career and Technical Education for the
administration of this act. Except as hereinafter otherwise
provided, he, as executive officer, shall appoint, from time to
time, with the approval of the State Board [for Vocational] of
Career and Technical Education, such expert assistants, other
than those already provided for by law, as may be necessary in
[vocational] career and technical industrial, [vocational
homemaking, vocational] career and technical family and consumer
sciences, career and technical agricultural, [vocational] career
and technical marketing and distributive occupational education
or [vocational] career and technical business [and office
occupational], computer and information technology education,
and all clerical and other agents necessary in carrying out the
provisions of this act.
Section 1803. Duties of State Board [for Vocational] of
Career and Technical Education; Reports.--The State Board [for
Vocational] of Career and Technical Education is hereby
authorized and directed to investigate and to aid in the
introduction of [vocational] career and technical industrial,
[vocational] career and technical agricultural, [vocational
homemaking, vocational] career and technical family and consumer
science, career and technical marketing and distributive
occupational education and [vocational] career and technical
business [and office occupational], computer and information
technology education; to assist in the establishment of schools
and departments for said forms of education, and to inspect and
approve such schools or departments as are hereinafter provided.
The State Board [for Vocational] of Career and Technical
Education shall make a report annually to the Governor and
Legislature describing the condition and progress of
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[vocational] career and technical industrial, [vocational]
career and technical agricultural, [vocational homemaking,
vocational] career and technical family and consumer science,
career and technical marketing and distributive occupational
education and [vocational] career and technical business [and
office occupational], computer and information technology
education during the year, and shall also make such
recommendations as the board may deem advisable.
Section 1803.1. Duty of Secretary to Report Annually.--The
Secretary of Education shall report annually, to the Standing
Committees on Education of the Senate and House of
Representatives, the following information for each area
[vocational-technical] career and technical school:
(1) Number of approved [vocational] career and technical
programs during the current and prior years.
* * *
Section 1804. Schools or Classes; Supervisors; Principals;
Instructors, etc.--In carrying out the provisions of this act,
the State Board [for Vocational] of Career and Technical
Education shall provide for [vocational] career and technical
schools or classes, with the necessary staffs, in accordance
with the State Plan for [Vocational] Career and Technical
Education, approved by the [Federal Board for Vocational
Education.
Principals, instructors and lecturers for the Public Service
Institute shall be elected by the State Board for Vocational
Education. They shall possess the qualifications established in
the State Plan for Vocational Education approved by the Federal
Board for Vocational Education.] United States Department of
Education.
Section 1805. Instruction in Theory and Practice.--In order
that instruction in theory and practice may go on together,
[vocational] career and technical industrial, [vocational]
career and technical agricultural, [vocational homemaking, and
vocational] career and technical family and consumer science,
and career and technical marketing and distributive occupational
education schools or departments may offer instruction in day,
part-time, and evening classes. Attendance upon such day,
evening, or part-time classes shall be restricted to those over
fourteen years of age.
Section 1806. Administration by School Districts.--Any
school district may, through its board of school directors--
(1) Establish and maintain [vocational] career and technical
industrial, [vocational] career and technical agricultural,
[vocational homemaking, and vocational] career and technical
family and consumer sciences, and career and technical marketing
and distributive occupational education schools or departments.
(2) Receive any donation made to the school district for the
conduct of any [vocational] career and technical school or
department or [vocational] career and technical evening classes.
The donation shall be administered by or under the direction of
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the board of directors of the district to which it is made,
subject to the approval of the [Superintendent of Public
Instruction] Secretary of Education. The board of school
directors in any district shall not be obliged to accept any
such donation unless it seems proper so to do.
(3) Require a deposit fee of a sum not to exceed ten dollars
($10) from each person enrolling in evening [vocational] career
and technical schools or classes. Such deposit fee shall be
returned at the close of each term of instruction to all persons
so enrolled who have attended seventy-five per cent (75%) or
more of the class sessions of the term and may be returned at
any time because of death, sickness, or any other cause which
the board may deem justifiable.
(4) Acquire land for the purpose of an agricultural school
and equip and maintain the same in a proper manner, to be used
in connection therewith.
Section 1807. Joint [Vocational] Career and Technical
Schools or Departments.--Two or more districts may, as provided
in article seventeen of this act, through a joint school
committee, establish and maintain [vocational] career and
technical industrial, [vocational] career and technical
agricultural, [vocationalhomemaking, or vocational] career and
technical family and consumer sciences, or career and technical
marketing and distributive occupational education schools or
departments, to be known as joint [vocational] career and
technical schools or departments.
Section 1808. Advisory Committees.--Local school boards and
joint school committees administering approved [vocational]
career and technical industrial, [vocational] career and
technical agricultural, [vocationalhomemaking, or vocational]
career and technical family and consumer sciences or career and
technical marketing and distributive occupational education
schools or departments may, under a plan to be approved by the
State Board [for Vocational] of Career and Technical Education,
appoint an advisory committee composed of members representing
local trades, industries, and occupations. It shall be the duty
of such a committee to counsel with and advise the local or
joint board of trustees, and other school officials, having the
management and supervision of such schools.
Section 1809. Attendance in Other Districts and Other
States; Pupils from Other States.--(a) Any resident of any
school district which does not maintain an approved [vocational]
career and technical industrial, [vocational] career and
technical agricultural, [vocationalhomemaking, or vocational]
career and technical family and consumer sciences or career and
technical marketing and distributive occupational education day,
part-time, or evening class, school or department, offering the
type of training which he desires, may make application to the
board of school directors of any other district for admission to
such school or department maintained by said board. If the board
refuses him admission, he may apply to the State Board [for
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Vocational] of Career and Technical Education for admission to
such school or depa