Amendment 2375 to House Bill 1254 P.N. 1328, Regular Session 2021-2022

H1254B1328A02375 DMS:AAS 09/27/21 #90 A02375

AMENDMENTS TO HOUSE BILL NO. 1254

Sponsor: REPRESENTATIVE SONNEY

Printer's No. 1328

Amend Bill, page 1, lines 1 through 7, by striking out all of

said lines and inserting

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," adding provisions relating to COVID-

19; and establishing the COVID-19 Tuition Grant Program Fund.

Amend Bill, page 1, lines 11 and 12, by striking out "a

section" and inserting

an article

Amend Bill, page 1, lines 13 through 20; page 2, lines 1

through 12; by striking out all of said lines on said pages and

inserting

ARTICLE XIV-C

P ROVISIONS RELATING TO COVID-19

Section 1401-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:

"COVID-19 health and safety policy." A measure for the

prevention or control of the 2019 novel coronavirus, known as

COVID-19, which applies within a public school or a nonpublic

school.

"Department." The Department of Education of the

Commonwealth.

"Local board or department of health." As defined in section

201(f) of the act of April 23, 1956 (1955 P.L.1510, No.500),

known as the Disease Prevention and Control Law of 1955.

"Nonpublic school." A nonprofit school, other than a public

school, within this Commonwealth, in which a resident of this

Commonwealth may legally fulfill the compulsory school

attendance requirements of this act and which meets the

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requirements of Title VI of the Civil Rights Act of 1964 (Public

Law 88-352, 78 Stat. 241).

"Parent or legal guardian." An individual who:

(1) is a resident of this Commonwealth; and

(2) has control or charge of a qualified student and the

legal right to direct the education of the qualified student.

"Public school." A school district, charter school, cyber

charter school, regional charter school, intermediate unit or

area career and technical school.

"Qualified student." A child of compulsory school age who

resides in this Commonwealth and is currently enrolled in the

child's school district of residence.

"Resident school district." The school district in which a

qualified student resides.

Section 1402-C. COVID-19 tuition grants for 2021-2022 school

year.

(a) General rule.--A one-time tuition grant program is

established in the department for the 2021-2022 school year. The

purpose of the program is to provide for the education of

qualified students who apply to attend a public school other

than the resident school district or a nonpublic school on a

tuition-paying basis due to COVID-19 outbreaks or a COVID-19

health and safety policy imposed by the Commonwealth, a

municipality, a local board or department of health or the

resident school district.

(b) Grant program.--

(1) A parent or legal guardian of a qualified student

may apply to the department beginning five business days

after the effective date of this section, for a one-time

grant for each qualified student of the parent to attend a

public school other than the resident school district or a

nonpublic school due to COVID-19 outbreaks or a COVID-19

health and safety policy imposed by the Commonwealth, a local

board or department of health or the resident school

district.

(2) The department may not limit the number of tuition

grants available.

(3) The department shall notify a parent or legal

guardian of an approved or denied application within five

business days after receiving an application. If denied, the

notification shall include an explanation of the denial, an

opportunity to cure deficiencies and a deadline for

resubmission.

(4) Grant amounts shall be as follows:

(i) The amount of a grant awarded to a qualified

student who transfers to a public school shall be equal

to the most recent tuition rate of the selected school

district published on the department's publicly

accessible Internet website. The tuition grant may not be

in addition to a charter school, regional charter school

or cyber charter school district tuition payment.

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(ii) The amount of a grant awarded to a qualified

student who transfers to a nonpublic school shall be

equal to the tuition rate of the nonpublic school for the

2021-2022 school year or the most recent tuition rate of

the resident school district published on the

department's publicly accessible Internet website,

whichever is less.

(iii) The amount of a grant shall be prorated based

on the number of school days remaining in the school year

at the time of transfer.

(5) Grants shall be paid by the department from the

COVID-19 Tuition Grant Program Fund. The selected school

shall send written confirmation of enrollment of the

qualified student to the department within five days of

enrollment. The department shall issue a check payable to a

parent or legal guardian of the qualified student which shall

be sent directly to the selected school. The parent or legal

guardian of the qualified student shall be required to

endorse the check to the selected school. The school that

accepts the tuition grant payment shall provide a receipt to

the parent or legal guardian for the payment. A copy of the

receipt shall be submitted by the parent or legal guardian to

the department.

(6) In the event that the qualified student is no longer

enrolled prior to the completion of the school term, the

selected school shall send written notice to the resident

school district within five business days of a qualified

student withdrawing from the selected school and shall refund

a prorated share of the tuition grant based on the number of

school days remaining in the school year at the time of

withdrawal.

(7) A parent or legal guardian of a qualified student

may not use a grant to transfer to public school or nonpublic

school more than once during the 2021-2022 school year.

(8) If a parent or legal guardian decides to keep the

qualified student enrolled in a selected public school or

nonpublic school other than the resident school district

beyond the 2021-2022 school year, the parent or legal

guardian shall be responsible for future tuition payments.

provide the selected school with a complete copy of the

qualified student's records maintained by the resident school

district upon request by the parent or guardian that the

qualified student is transferring to the selected school.

(d) Transportation.--The resident school district of a

student shall provide transportation to a qualified student who

receives a tuition grant to attend a public school or nonpublic

school in accordance with section 1361. The resident school

district may apply to the department for reimbursement of the

cost of providing transportation of the qualified student to the

selected public school or nonpublic school. The reimbursement

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shall be paid from the COVID-19 Tuition Grant Program Fund.

(e) Duties of department.--The department shall:

(1) Establish an online application form and approval

process.

(2) Verify the accuracy of application information.

(3) Confirm enrollment at the selected school by a

qualified student who receives a tuition grant.

(4) Provide a transfer notification form for the parent

or guardian to submit to the resident school district.

(5) Establish a process for the selected school to

submit prorated refunds of tuition grants for qualified

students who withdraw during the school year.

(6) Establish a process and guidelines to reimburse

resident school districts for transportation costs under

subsection (d).

(7) Establish guidelines for a resident qualified

student to attend an area career and technical school through

a tuition grant.

(8) Establish a process for public schools and nonpublic

schools to participate in the tuition grant program and to

accept tuition grant students.

(f) Nontaxable.--Grants awarded to qualified students under

this section shall not:

(1) Be considered taxable income for purposes of a local

taxing ordinance or for purposes of Article III of the Tax

Reform Code of 1971.

(2) Constitute financial assistance or appropriations to

the school attended by the qualified students.

(g) Construction.--Nothing in this section shall be

construed to empower the Commonwealth or its agencies or

officers to do any of the following:

(1) Regulate the education program of the selected

school due to the admission of a qualified student who has

received a tuition grant under this section.

(2) Expand the regulatory authority of the Commonwealth

to impose additional regulation of nonpublic schools beyond

that necessary to enforce the requirements of this section.

(h) COVID-19 Tuition Grant Program Fund.--

(1) The COVID-19 Tuition Grant Program Fund is

established as a special fund in the State Treasury.

(2) Money in the fund is appropriated to the department

on a continuing basis for the purposes of providing grants

and transportation reimbursement under this section.

(3) The General Assembly may make appropriations to the

fund from money available for the purposes of this article.

Amend Bill, page 2, line 13, by striking out "in 60 days" and

inserting

immediately

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