H1660B1882A02864 LKK:EJH 11/05/21 #90 A02864
AMENDMENTS TO HOUSE BILL NO. 1660
Sponsor: SENATOR MARTIN
Printer's No. 1882
Amend Bill, page 2, lines 23 through 30; page 3, lines 1
through 30; page 4, lines 1 through 20; by striking out all of
said lines on said pages and inserting
(a) Beginning with the 2021-2022 school year and each school
year thereafter, the following shall apply:
(1) Whenever an emergency, except an emergency due to an
infectious disease, shall arise, which the board of school
directors of a school district in the performance of its duties
could not anticipate or foresee and the emergency is anticipated
to continue for more than five (5) consecutive school days
during which the school district is unable to provide in-person
instruction of pupils, the board of school directors shall have
the power to put into operation some or all of the temporary
emergency provisions under subsection (c) by a majority vote of
the board of school directors. In no event shall the temporary
emergency provisions remain in effect for a period of more than
sixty (60) calendar days unless an extension is approved by the
board. Extensions may be approved for a period of no more than
sixty (60) calendar days if all of the following conditions are
met:
(i) The board of school directors approves the extension
with a majority vote.
(ii) The board of school directors shall hold at least one
public hearing prior to the vote to extend temporary emergency
provisions.
(2) Whenever an emergency shall arise that is due to an
infectious disease, which the board of school directors of a
school district in the performance of its duties could not
anticipate or foresee and the emergency is anticipated to
continue for more than five (5) consecutive school days during
which the school district is unable to provide in-person
instruction of pupils, the board of school directors shall have
the power to put into operation some or all of the temporary
emergency provisions under subsection (c) by a majority vote of
the board of school directors. In no event shall the temporary
emergency provisions remain in effect for a period of more than
twenty-one (21) calendar days. An extension and any successive
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extensions may be approved for a period of no more than twenty-
one (21) calendar days if all of the following conditions are
met:
(i) The board of school directors approves the extension
with a majority vote.
(ii) The board of school directors shall hold at least one
public hearing prior to the vote to extend temporary emergency
provisions.
(iii) There is an active local disaster emergency
declaration issued by the governing body of a political
subdivision under 35 Pa.C.S. § 7501(b) (relating to general
authority of political subdivisions) or an active Statewide
disaster emergency declared under 35 Pa.C.S. § 7301(c) (relating
to general authority of Governor) directly related to the
infectious disease resulting in the school district's inability
to provide in-person instruction of pupils.
(b) Upon approving temporary emergency provisions under
subsection (a)(1) or (2), the board of school directors shall
adopt a written plan for the implementation of the temporary
emergency provisions which include, at a minimum:
(1) An explanation of why the temporary emergency provisions
are necessary.
(2) How long the temporary emergency provisions are expected
to be in effect.
(3) How the school district will provide for the education
of all impacted pupils while the temporary emergency provisions
are in effect.
(c) The school district shall publish the written plan under
subsection (b) on its publicly accessible Internet website and
update the written plan for each approved extension of the
temporary emergency provisions.
(d) Upon approving temporary emergency provisions under
subsection (a)(1) or (2), a board of school directors may:
(1) Keep the schools of the district in session such days
and number of days per week as the board of school directors
deems feasible, but the provisions of this act requiring a
minimum of one hundred eighty (180) session days as a school
year shall not be affected by this paragraph.
(2) Reduce the length of time of daily instruction for
various courses and classes.
(3) Provide instruction delivered in whole or in part using
technology that may include the Internet, video conferencing or
other electronic means to pupils participating at home or at
other locations outside of a school building.
(e) Any school district, by invoking the powers under this
section, shall not forfeit the school district's right to
reimbursement by the Commonwealth or other State aid as
otherwise provided for by this act.
(f) This section shall not be construed to prohibit a school
district from operating a cyber education program.
(g) As used in this section, the following words and phrases
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shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Infectious Disease" shall mean a disease that is caused by
an infectious agent that may be transmittable from
individual to individual, animal to individual or insect to
individual or through any other mode of transmission.
"Emergency" shall mean an event that prevents a school
building from opening due to any of the following:
(1) An infectious disease.
(2) A hazardous weather condition.
(3) A law enforcement emergency.
(4) The inoperability of school buses or other equipment
necessary to the public school entity's operation.
(5) Damage to a school building.
(6) Another temporary circumstance rendering any portion of
a school building unfit or unsafe for use.
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