S1216B2038A07911 LKK:JSL 11/18/20 #90 A07911
AMENDMENTS TO SENATE BILL NO. 1216
Sponsor: SENATOR CORMAN
Printer's No. 2038
Amend Bill, page 1, line 6, by inserting after "REQUIREMENTS"
, for special provisions applicable to the Keystone Exams,
graduation requirements and alternative competency assessment
and for Special Education Funding Commission
Amend Bill, page 1, lines 12 through 14, by striking out
"AND, IN SCHOOL HEALTH SERVICES," in line 12 and all of lines 13
and 14 and inserting
in terms and courses of study, further providing for pandemic
of 2020; and, in educational tax credits, further providing
for limitations.
Amend Bill, page 2, line 12, by striking out "STATE OR LOCAL"
Amend Bill, page 2, by inserting between lines 16 and 17
Section 2. The act is amended by adding a section to read:
Section 121.1. Special Provisions Applicable to the Keystone
Exams, Graduation Requirements and Alternative Competency
Assessment.--For the 2019-2020 school year and any subsequent
school year in which the Federal Government has waived the
testing and accountability requirements of the Elementary and
Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §
6301 et seq.), as amended by the Every Student Succeeds Act
(Public Law 114-95, 129 Stat. 1802), any student who completed a
course in an academic content area associated with a Keystone
Exam shall not be required to take the Keystone Exam related to
that course and shall be deemed proficient for purposes of
sections 121 and 2604-B(b)(2)(v) and 22 Pa. Code § 4.24
(relating to high school graduation requirements), provided that
the student demonstrates successful completion of locally
established, grade-based requirements for the academic content
areas associated with each Keystone Exam.
Section 2.1. Section 122(k)(2) of the act, amended June 5,
2020 (P.L.223, No.30), is amended to read:
Section 122. Special Education Funding Commission.--* * *
(k) * * *
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(2) The commission shall be reconstituted not later than
August 15, 2019, and shall issue the report to the recipients
listed in subsection (i)(5) not later than [September 30, 2020]
June 30, 2021. The commission shall limit the scope of the
review provided for under this subsection to only the provision
of special education payments to school districts by the
Commonwealth through the funding formula contained in section
2509.5.
* * *
Amend Bill, page 2, line 17, by striking out "2" and
inserting
3
Amend Bill, page 3, line 3, by striking out "3" and inserting
4
Amend Bill, page 4, by inserting between lines 20 and 21
(5) Extend an emergency permit issued under 22 Pa. Code §
49.31 (relating to criteria for eligibility) during the 2020-
2021 school year at the request of a school entity that employs
an emergency permit holder when an employe is unable to complete
the requirements associated with the permit because the program
credits or assessment could not be completed or scheduled. The
extended emergency permit shall expire one year from the date of
extension. This paragraph shall expire June 30, 2021.
Amend Bill, page 4, line 21, by striking out "(5)" and
inserting
(6)
Amend Bill, page 5, lines 14 through 24, by striking out "THE
FOLLOWING PROVISIONS RELATING TO TESTING OF STUDENTS" in line
14, all of lines 15 through 23 and "(2)" in line 24
Amend Bill, page 5, line 24, by striking out "SHALL" and
inserting
may
Amend Bill, page 6, line 1, by inserting after "YEAR."
This paragraph may not be construed to include the power of
the Secretary of Education to seek a waiver for future school
years without legislative approval.
Amend Bill, page 6, lines 2 through 30; page 7, lines 1
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through 20; by striking out all of said lines on said pages
Amend Bill, page 7, lines 22 through 29, by striking out
"ALTHOUGH THE CURRENT PROVISIONS OF" in line 22, all of lines 23
through 28 and "(B)" in line 29
Amend Bill, page 8, line 9, by striking out "(C)" and
inserting
(b)
Amend Bill, page 8, lines 16 through 30; page 9, lines 1
through 20; by striking out all of said lines on said pages
Amend Bill, page 9, by inserting between lines 23 and 24
Section 5. Section 1501.8(a) of the act, added March 27,
2020 (P.L.62, No.13), is amended and the section is amended by
adding a subsection to read:
Section 1501.8. Pandemic of 2020.--(a) [This] Except as
provided in subsection (m.1), this section applies only to the
2019-2020 school year as a result of the global pandemic
declared by the World Health Organization on March 11, 2020.
* * *
(m.1) Notwithstanding subsection (a):
(1) The following apply to the 2020-2021 school year as a
result of the COVID-19 disaster emergency:
(i) Notwithstanding the provisions of this act, a school
entity shall receive a pupil transportation subsidy payment
equal to the greater of the amount calculated for reimbursement
or the amount allocated to the school entity for the prior
school year.
(ii) To receive a pupil transportation subsidy payment equal
to the amount allocated to the school entity for the prior
school year, a school entity that contracts for school bus
transportation services shall pay the school bus transportation
contractor for the school year in an amount that the school bus
transportation contractor would have received from the school
entity had school bus transportation services not been so
affected by the COVID-19 disaster emergency minus the amount of
any variable costs provided the school bus transportation
contractor certifies the variable costs to the school district.
(iii) The Department of Education shall develop and publish
guidelines on variable costs in consultation with the
Pennsylvania Association of School Business Officials, the
Pennsylvania School Boards Association and the Pennsylvania
School Bus Association within thirty (30) days of the effective
date of this paragraph.
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(2) For the purposes of this subsection, the term "variable
costs" means the difference between costs for labor, fuel,
tolls, maintenance and other expenses as determined by the
department during normal operations of school bus transportation
and those same costs during the COVID-19 disaster emergency.
* * *
Section 6. Section 2006-B(d) of the act is amended and the
section is amended by adding a subsection to read:
Section 2006-B. Limitations.
* * *
(d) Use.--[A] Subject to subsection (d.1), a tax credit not
used by the applicant in the taxable year the contribution was
made or in the year designated by the shareholder, member or
partner to whom the credit was transferred under section 2005-
B(e) may not be carried forward or carried back and is not
refundable or transferable.
(d.1) Pandemic relief.--
(1) A tax credit awarded to a business firm during the
2020-2021 or 2021-2022 fiscal year that cannot be used by the
business firm during the fiscal year in which awarded may be
carried forward and used during the two taxable years
following the taxable year in which the tax credit was
awarded.
(2) Tax credits that are carried forward under this
subsection shall not diminish the total amount of tax credits
that may otherwise be awarded to a business firm under
section 2005-B or that may be awarded to all business firms
in the aggregate under subsection (a).
* * *
Amend Bill, page 9, line 24, by striking out "5" and
inserting
7
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See A07911 in
the context
of SB1216