Amendment 3343 to Senate Bill 843 P.N. 1239, Regular Session 2023-2024

S0843B1239A03343 DMS:AAS 12/13/23 #90 A03343

AMENDMENTS TO SENATE BILL NO. 843

Sponsor: SENATOR ARGALL

Printer's No. 1239

Amend Bill, page 1, line 7, by inserting after "FOR" where it

occurs the first time

Special Education Funding Commission, for

Amend Bill, page 1, line 8, by striking out all of said line

and inserting

Commission on Education and Economic Competitiveness

Amend Bill, page 1, lines 10 through 18, by striking out "IN

GROUNDS AND" in line 10, all of lines 11 through 17 and "PERMIT

FOR CLASSROOM MONITORS;" in line 18

Amend Bill, page 1, lines 19 through 31; page 2, lines 1

through 9; by striking out "AND FOR EDUCATOR PIPELINE SUPPORT"

in line 19, all of lines 20 through 31 on page 1, all of lines 1

through 8 and "REPORT AND FOR SCHOOL SECURITY GUARDS" in line 9

on page 2

Amend Bill, page 2, line 13, by inserting after "PROGRAMS;"

in terms and courses of study, further providing for Economic

Education and Personal Financial Literacy Programs;

Amend Bill, page 2, lines 15 through 18, by striking out "IN

COMMUNITY" in line 15, all of lines 16 and 17 and "PROVIDING FOR

STATE AID FOR FISCAL YEAR 2023-2024;" in line 18 and inserting

in educational tax credits, further providing for definitions;

in credit card marketing, further providing for regulation of

on-campus credit card marketing;

Amend Bill, page 2, lines 20 through 22, by striking out

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"PAYMENTS ON ACCOUNT OF PUPILS ENROLLED" in line 20, all of line

21 and "INTERMEDIATE UNITS, FOR" in line 22

Amend Bill, page 2, lines 24 through 28, by striking out ",

FOR READY-TO-LEARN BLOCK GRANT AND" in line 24, all of lines 25

through 27 and "APPLICABILITY; AND MAKING AN EDITORIAL CHANGE"

in line 28 and inserting

; and abrogating regulations

Amend Bill, page 2, lines 34 through 36, by striking out all

of said lines and inserting

Section 1. Section 122(k)(3) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

July 8, 2022 (P.L.620, No.55), is amended to read:

Section 122. Special Education Funding Commission.--* * *

(k) * * *

(3) The commission shall be reconstituted January 15, [2024]

2026, in accordance with subsection (c) and shall meet and hold

public hearings to review the operation of the special education

funding provisions of this section, and shall make a further

report and shall issue the report to the recipients listed in

subsection (i)(5) no later than November 30, [2024] 2026. When

in receipt of the report recommending changes to the special

education funding formula, the General Assembly shall consider

and take action to enact the formula into law in accordance with

subsection (j).

* * *

Section 2. Section 123(k)(2) of the act is amended to read:

Amend Bill, page 2, line 44; page 3, lines 1 through 19; by

striking out all of said lines on said pages and inserting

Section 3. Section 123.1(j)(5) of the act, added July 8,

2022 (P.L.620, No.55), is amended to read:

Section 123.1. Commission on Education and Economic

Competitiveness.--* * *

(j) The following shall apply to duties:

* * *

(5) Upon receipt of the report from the subcommittee, the

commission shall seek public comment on the proposed long-term

vision for a period that is no less than three (3) months and

issue a final report with legislative recommendations to the

General Assembly [within eighteen (18) months of the

commission's creation] by November 1, 2025.

* * *

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Amend Bill, page 3, line 20, by striking out "1.1" and

inserting

Amend Bill, page 7, lines 25 through 30; pages 8 through 13,

lines 1 through 30; page 14, lines 1 through 21; by striking out

all of said lines on said pages

Amend Bill, page 14, line 22, by striking out "7" and

inserting

Amend Bill, page 14, line 22, by striking out "ARTICLES" and

inserting

an article

Amend Bill, page 38, lines 4 through 30; pages 39 through

107, lines 1 through 30; page 108, lines 1 through 20; by

striking out all of said lines on said pages

Amend Bill, page 108, line 21, by striking out "22" and

inserting

5.1

Amend Bill, page 110, line 12, by striking out "23" and

inserting

Amend Bill, page 111, line 21, by striking out "24" and

inserting

Amend Bill, page 111, by inserting between lines 27 and 28

Section 8. Section 1551(a), (b) and (f) of the act are

amended and the section is amended by adding a subsection to

read:

Section 1551. Economic Education and Personal Financial

Literacy Programs.--(a) The department shall have the power and

its duty shall be to:

(1) Provide resource information on economics, economic

education and personal financial literacy to educators and

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public and private schools and organizations. The department

shall review and update its existing resource information

following completion of the review of the State standards under

the State Board of Education's standards under paragraph (2)

(ii).

(2) Provide for the distribution, including through the

department's Internet website, to school entities [or] and

private, nonpublic, elementary or secondary schools in this

Commonwealth, [teacher] of model curriculum materials and other

available resources, including economic education partnership

programs, on economic education and personal financial literacy,

including the basic principle involved with earning, spending,

saving and investing money. The model curriculum materials shall

align with and complement existing State standards for

[Economics, Family and Consumer Science, and Career Education

and Work] personal financial literacy as set forth in 22 Pa.

Code Ch. 4 (relating to academic standards and assessment). The

following shall apply:

(i) The department shall review and update its existing

model curriculum materials and other available resources as

necessary no later than the beginning of the 2025-2026 school

year and within one year after any revision of the State

standards under subparagraph (ii).

(ii) The State Board of Education shall review the existing

State standards for Economics, Family and Consumer Science, and

Career Education and Work as set forth in 22 Pa. Code Ch. 4 and

revise the standards as necessary to implement the provisions of

this subarticle.

(3) Identify and recognize Commonwealth schools that

implement exemplary economic and economic education and personal

financial literacy curricula at each benchmark as set forth in

existing State standards for Economics, Family and Consumer

Science, and Career Education and Work as set forth in 22 Pa.

Code Ch. 4.

(4) Maintain an inventory of model curriculum economic

education and personal financial literacy materials, programs

and resources available in Commonwealth agencies.

(b) In distributing model curriculum materials and resources

for use in schools, the department shall consider those

currently available through international, national, Statewide

and local economic, banking trade and personal finance education

organizations.

(b.1) (1) Beginning with the 2026-2027 school year and in

each school year thereafter, a school entity or nonpublic school

shall provide a mandatory course in personal financial literacy

with a value of at least one-half credit or half of a full

credit. Students shall be required to complete the course once

during grade nine, ten, eleven or twelve.

(2) Nothing in this subsection shall be construed to

circumvent the provisions of 20 U.S.C. Ch. 33 (relating to

education of individuals with disabilities). A student's

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individualized education program may provide for accommodations

to enable the student to complete the course required under

paragraph (1).

(3) The department shall develop or identify a model

curriculum and a list of education materials which a school

entity or nonpublic school may use in providing the course

required under paragraph (1). The department shall consult with

multiple organizations specializing in financial literacy

education in developing the model curriculum and educational

materials. The department may update existing model curriculum

materials if necessary and other available resources under

subsection (a) as necessary to comply with this paragraph and

shall update the existing model curriculum materials and other

available resources within one year of the date of revision of

the State standards under subsection (a)(2)(ii) .

(4) The department shall clarify which certifications are

necessary to qualify an educator to provide instruction of the

course required under paragraph (1), which shall include, at a

minimum, family and consumer science, business, computer and

information technology, mathematics and social studies. The

department shall revise its certification and staffing policy

guidelines as necessary to reflect the qualifications specified

under this paragraph.

(5) An educator who is assigned to provide instruction of

the course required under paragraph (1) may not:

(i) lose a planning period as a result of the assignment,

except in accordance with a collective bargaining agreement

between a school entity and an employe organization; or

(ii) bear any costs related to earning an add-on

certification necessary to provide the instruction.

(6) Nothing in this subsection shall supersede or preempt

any provision of a collective bargaining agreement between a

school entity and an employe organization .

* * *

(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.

"Educator." As defined in section 1.2 of the act of December

12, 1973 (P.L.397, No.141), known as the "Educator Discipline

Act."

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

school, where a resident of this Commonwealth may legally

fulfill the compulsory school attendance requirements of this

act and which meet the requirements of 42 U.S.C. Ch. 21 Subch. V

(relating to federally assisted programs).

"Personal financial literacy." The integration of various

factors relating to personal financial management, including

understanding financial institutions, using money, learning to

manage personal assets and liabilities, creating budgets and any

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other factors that may assist an individual in this Commonwealth

to be financially responsible.

"Planning period." A period of time during a school day

which an educator may use for professional duties, including

instructional preparation and planning, communications with

parents and legal guardians of students and evaluating student

work.

"School entity." A [public] school district, charter school,

cyber charter school, regional charter school, intermediate unit

or area career and technical school.

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

Amend Bill, page 111, line 28, by striking out "25" and

inserting

Amend Bill, page 113, by inserting between lines 1 and 2

(5) The number of total funded slots for each approved

provider by month in the previous quarter.

Amend Bill, page 113, line 2, by striking out "(5)" and

inserting

(6)

Amend Bill, page 113, line 6, by striking out "(6)" and

inserting

(7)

Amend Bill, page 113, lines 7 and 8, by striking out "BY THE

JULY 31, 2024, REPORT AND" in line 7 and all of line 8 and

inserting

Beginning in January 2024, and each quarter thereafter, the

Secretary of Education and Deputy Secretary for the Office of

Child Development and Early Learning

Amend Bill, page 113, line 20, by striking out "26" and

inserting

Amend Bill, page 115, lines 6 through 30; pages 116 through

118, lines 1 through 30; page 119, lines 1 through 15; by

striking out all of said lines on said pages and inserting

Section 10.1. The definition of "opportunity scholarship

organization", "pre-kindergarten scholarship organization" and

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"scholarship organization" in section 2002-B of the act are

amended to read:

Section 2002-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:

* * *

"Opportunity scholarship organization." A nonprofit entity

which:

(1) Is exempt from Federal taxation under section 501(c)

(3) of the Internal Revenue Code of 1986 (Public Law 99-514,

26 U.S.C. § 1 et seq.); and

(2) Contributes at least [80%] 90% of the entity's

annual cash receipts to an opportunity scholarship program[.]

or at least 85% of the annual cash receipts if the entity

reports an annual IRS program expense percentage of greater

than 90% on its IRS 990 tax filing.

For the purposes of this definition, a nonprofit entity

contributes the entity's cash receipts to an opportunity

scholarship program when the entity expends or otherwise

irrevocably encumbers those funds for distribution during the

then-current fiscal year of the nonprofit entity or during the

next succeeding fiscal year of the nonprofit entity.

* * *

"Pre-kindergarten scholarship organization." A nonprofit

entity which:

(1) is exempt from Federal taxation under section 501(c)

(3) of the Internal Revenue Code of 1986 or is operated as a

separate segregated fund by a scholarship organization that

has been qualified under section 2003-B; and

(2) contributes at least [80%] 90% of its annual cash

receipts to a pre-kindergarten scholarship program by

expending or otherwise irrevocably encumbering those funds

for distribution during the then-current fiscal year of the

organization or during the next succeeding fiscal year of the

organization[.] or at least 85% of the annual cash receipts

if the entity reports an annual IRS program expense

percentage of greater than 90% on its IRS 990 tax filing.

* * *

"Scholarship organization." A nonprofit entity which:

(1) is exempt from Federal taxation under section 501(c)

(3) of the Internal Revenue Code of 1986; and

(2) contributes at least [80%] 90% of its annual cash

receipts to a scholarship program[.] or at least 85% of the

annual cash receipts if the entity reports an annual IRS

program expense percentage of greater than 90% on its IRS 990

tax filing.

For purposes of this definition, a nonprofit entity

"contributes" its annual cash receipts to a scholarship program

when it expends or otherwise irrevocably encumbers those funds

for distribution during the then-current fiscal year of the

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nonprofit entity or during the next succeeding fiscal year of

the nonprofit entity.

* * *

Section 10.2. Section 2302-A introductory paragraph and (5)

of the act are amended to read:

Section 2302-A. Regulation of On-Campus Credit Card

Marketing.--The board shall require an institution of higher

education to establish a policy that regulates the marketing of

credit cards on campus. The policy may prohibit any marketing of

credit cards on the campus. In establishing the policy, the

institution of higher education shall, for students entering in

the 2024-2025 school year, incorporate into orientation

programming presentations on credit card debt education and

money management skills for students. The institution of higher

education shall also consider all of the following:

* * *

[(5) Incorporating into orientation programming a credit

card debt education presentation.]

Section 11. Section 2510.3(a)(2) of the act, amended July 8,

2022 (P.L.620, No.55), is amended to read:

Amend Bill, page 119, line 28, by inserting a bracket before

"IDENTIFIED"

Amend Bill, page 119, line 30, by inserting after "695-A"

] 694-A or subject to oversight during the transition period

under section 625-A

Amend Bill, page 120, lines 6 through 30; page 121, lines 1

through 21; by striking out all of said lines on said pages and

inserting

Section 12. The provisions of 22 Pa. Code are abrogated

insofar as they are inconsistent with the amendment of section

1551 of the act.

Amend Bill, page 121, line 22, by striking out "33" and

inserting

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