SENATE AMENDED
PRIOR PRINTER'S NOS. 1450, 1687, 2220 PRINTER'S NO. 2899
No. 1300 Session of 1981
INTRODUCED BY BURNS, GALLAGHER, E. Z. TAYLOR AND HARPER,
APRIL 27, 1981
SENATOR HESS, EDUCATION, IN SENATE, AS AMENDED,
FEBRUARY 22, 1982
AN ACT
1 Amending Title 24 (Education) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to education in public
3 and nonpublic schools and making repeals.
4 TABLE OF CONTENTS
5 TITLE 24
6 EDUCATION
7 PART I. PRELIMINARY PROVISIONS
8 SUBPART A. GENERAL PROVISIONS
9 Chapter 1. General Provisions
10 § 101. Short title of title.
11 § 102. Definitions.
12 § 103. Rulemaking procedure.
13 § 104. Access to information and public records.
14 § 105. Public agency open meeting laws.
15 § 106. Prohibition of certain tests and qualifications.
16 § 107. Reservation of unassigned powers and duties.
17 SUBPART B. COMMONWEALTH AGENCIES
1 Chapter 5. State Board of Education
2 § 501. Membership and operation of State board.
3 § 502. Membership and operation of councils of basic and
4 higher education.
5 § 503. Powers and duties of State board.
6 § 504. Powers and duties of Council of Basic Education.
7 § 505. Powers and duties of Council for Higher Education.
8 § 506. State board requirements binding upon department.
9 § 507. State board staff and department assistance.
10 § 508. Legislative action on rules or regulations.
11 Chapter 7. Department of Education
12 Subchapter A. General Provisions
13 § 701. Appointment of secretary.
14 § 702. Powers and duties of secretary.
15 § 703. Emergency powers.
16 § 704. Power to withhold financial aid.
17 § 705. Departmental approval of plans.
18 § 706. STUDENT ADVISORY BOARD. <--
19 Subchapter B. Financially Distressed School Districts
20 § 711. Financially distressed district defined.
21 § 712. Appointment of special board of control.
22 § 713. Powers of special board of control.
23 § 714. Status of school directors.
24 § 715. Termination of financial distress of district.
25 SUBPART C. NONPUBLIC AND PRIVATE SCHOOLS
26 Chapter 11. Nonpublic and Private Schools
27 Subchapter A. General Provisions
28 § 1101. Definitions.
29 § 1102. Auxiliary services to nonpublic school children.
30 § 1103. Educational aids for nonpublic school children.
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1 § 1104. Speech and hearing defect services to nonpublic school
2 children.
3 § 1105. Psychological services to nonpublic school children.
4 § 1106. Visual services to nonpublic school children.
5 Subchapter B. Regulated Private Schools
6 § 1111. State boards of private schools.
7 § 1112. Jurisdiction of boards and department.
8 § 1113. Optional licensing of private schools.
9 § 1114. Mandatory licensing of private schools and agents.
10 § 1115. Application for license.
11 § 1116. Issuance and renewal of license.
12 § 1117. Scope of license.
13 § 1118. License fees.
14 § 1119. List of licensed schools and agents.
15 § 1120. Requirements for licensure and operation.
16 § 1121. Refusal, suspension or revocation of license.
17 § 1122. Penalties for violations of chapter.
18 Subchapter C. Private Driver Education and Training Schools
19 § 1131. Location and construction of facilities.
20 § 1132. Qualifications of teachers and directors.
21 § 1133. Instructional equipment and materials.
22 § 1134. Program of instruction.
23 § 1135. Notice of fees and charges.
24 § 1136. Financial and student records.
25 § 1137. Qualifications and duties of agents.
26 § 1138. Ownership qualifications and changes.
27 PART II. BASIC EDUCATION
28 SUBPART A. PRELIMINARY PROVISIONS
29 Chapter 21. General Provisions
30 § 2101. Short title of part.
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1 § 2102. Purposes of part.
2 § 2103. Definitions.
3 § 2104. Oath for directors and commissioned personnel.
4 § 2105. Compensation of governing board members.
5 § 2106. Conflict of interest and additional compensation.
6 § 2107. Membership of governing boards in organizations.
7 SUBPART B. SCHOOL ENTITIES
8 Chapter 23. Boards of School Directors
9 Subchapter A. General Provisions
10 § 2301. Designation and powers of governing board.
11 § 2302. Policies, rules and regulations.
12 § 2303. Levy and collection of taxes.
13 § 2304. Joint action with other government agencies.
14 § 2305. Furnishing information to incoming directors.
15 Subchapter B. Selection and Removal of Personnel
16 § 2311. Appointments by governing board.
17 § 2312. Employment of professional and other employees.
18 § 2313. Removal of officers, employees and appointees.
19 § 2314. Removal of directors for neglect of duty.
20 Subchapter C. Selection of Directors
21 § 2341. Method of appointment or election.
22 § 2342. Combined districts.
23 § 2343. School districts divided into electoral regions.
24 § 2344. Number and terms of directors.
25 § 2345. Ineligibility to office for malfeasance, nonfeasance
26 and misfeasance.
27 § 2346. Qualifications for office.
28 § 2347. Vacancies in office.
29 § 2348. Vacancy for failure to qualify or attend meetings.
30 Subchapter D. Organization of Board
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1 § 2371. Enumeration of officers.
2 § 2372. President.
3 § 2373. Vice president.
4 § 2374. Secretary.
5 § 2375. Assistant secretary.
6 § 2376. Business administrator.
7 § 2377. Treasurer.
8 § 2378. Corporation as treasurer.
9 § 2379. Assistant treasurer.
10 § 2380. President and secretary pro tempore.
11 § 2381. Organization meetings.
12 § 2382. First class city home rule districts.
13 Subchapter E. Conduct of Business
14 § 2391. Quorum and voting.
15 § 2392. Regular and special meetings.
16 Chapter 25. School Districts
17 Subchapter A. General Provisions
18 § 2501. How constituted.
19 § 2502. Status and powers.
20 § 2503. Classification.
21 § 2504. Change of classification.
22 § 2505. Corporate seal.
23 Subchapter B. Boundary Changes and Annexation
24 § 2531. Voluntary combination of school districts.
25 § 2532. Adjustment of property and obligations of combined
26 districts.
27 § 2533. Change of boundaries following municipal annexation.
28 § 2534. Fiscal powers pending change of boundaries.
29 § 2535. Temporary special tax levies in partitioned districts.
30 § 2536. Annexation to first class or first class A districts.
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1 § 2537. Establishment of transfer districts.
2 § 2538. Adjustment of property and obligations of annexed
3 districts.
4 § 2539. Effective date of changes in districts.
5 Subchapter C. First Class City Home Rule Districts
6 § 2551. Short title of subchapter.
7 § 2552. Definitions.
8 § 2553. Cities authorized to adopt home rule charters.
9 § 2554. Proceedings for appointment of charter commission.
10 § 2555. Examination and rejection of petitions.
11 § 2556. Objections in court to petitions.
12 § 2557. Appointment and organization of charter commission.
13 § 2558. Proposed charter provisions and ballot questions.
14 § 2559. Election on proposed charter provisions.
15 § 2560. Recording, filing and publication of charter
16 provisions.
17 § 2561. Payment of expenses of proceedings.
18 § 2562. Status of approved charter provisions.
19 § 2563. Amendments to charter provisions.
20 § 2564. Limitations on frequency of proceedings.
21 § 2565. Powers and authority of city.
22 § 2566. Status and authority of home rule district.
23 § 2567. Penalties for violations of subchapter.
24 Chapter 27. Intermediate Units
25 Subchapter A. General Provisions
26 § 2701. Status, purpose and component districts.
27 § 2702. Transfer of district to another unit.
28 § 2703. Merger of units.
29 Subchapter B. Intermediate Unit Board and Staff
30 § 2711. Election and term of board members.
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1 § 2712. Vacancies on board.
2 § 2713. Removal of directors and employees.
3 § 2714. Conventions.
4 § 2715. Election and compensation of officers.
5 § 2716. Staff of intermediate unit.
6 § 2717. Election of executive director and assistants.
7 § 2718. Powers and duties of board.
8 § 2719. Program services provided by board.
9 § 2720. Powers and duties of executive director.
10 § 2721. Intermediate unit advisory council.
11 § 2722. Budget.
12 § 2723. School district contributions to intermediate units.
13 SUBPART C. FISCAL AFFAIRS AND TAXATION
14 Chapter 29. Reimbursement
15 Subchapter A. General Provisions
16 § 2901. Statements for reimbursement.
17 § 2902. Determining amount of payments.
18 § 2903. Deduction from Commonwealth appropriations.
19 § 2904. Withholding payments for delinquent debt.
20 § 2905. Penalties for unauthorized employees.
21 § 2906. Payments for schools closed during emergencies.
22 § 2907. Verification of amounts to school entities.
23 § 2908. Verification of amounts to State Treasurer.
24 § 2909. Guaranteed payments and limitations.
25 § 2910. Time of payments.
26 § 2911. Method and use of payments.
27 Subchapter B. Basic Instruction
28 § 2921. Definitions.
29 § 2922. Amount of payments.
30 § 2923. Personal income valuation information and
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1 determinations.
2 Subchapter C. Building Construction
3 § 2931. Site costs.
4 § 2932. Building costs.
5 § 2933. Approval of leases and sinking fund charges.
6 § 2934. Payments on pre-1957 leases and contracts.
7 § 2935. Payments on other leases and contracts.
8 § 2936. Approved reimbursement.
9 § 2937. Change in rentals.
10 § 2938. Districts eligible under density factor.
11 § 2939. Method of payments on rentals.
12 § 2940. Payments on rentals of facilities for school use.
13 § 2941. Separate contract requirement. <--
14 Subchapter D. Driver Education
15 § 2943. Payments for driver education.
16 Subchapter E. Exceptional Students
17 § 2945. Payments for special education personnel and
18 equipment.
19 § 2946. Payments for special education courses.
20 Subchapter F. Health Services
21 § 2949. Payments for health services.
22 Subchapter G. Homebound Instruction
23 § 2950. Payments for homebound instruction.
24 Subchapter H. Intermediate Units
25 § 2951. Payments to intermediate units.
26 § 2952. General operating subsidy.
27 § 2953. Capital subsidy.
28 § 2954. Contracts with private residential rehabilitative
29 institutions.
30 Subchapter I. Migrant Children
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1 § 2956. Payments for migratory children.
2 Subchapter J. Poverty Children
3 § 2957. Payments for poverty children.
4 Subchapter K. Transportation
5 § 2961. Payments for transportation.
6 § 2962. Board and lodging in lieu of transportation.
7 § 2963. Exceptional students and institutionalized children.
8 § 2964. Migratory children.
9 § 2965. Reimbursement for liquid fuels.
10 Subchapter L. Tuition
11 § 2971. Payments for nonresident students.
12 § 2972. Determination of charges for nonresident students.
13 § 2973. Sewer service charges for nonresident students.
14 § 2974. Payments for institutionalized children.
15 § 2975. Payment procedures for nonresident students.
16 § 2976. Special procedures for institutionalized children.
17 Subchapter M. Vocational Education
18 § 2981. Payments for programs.
19 § 2982. Payments for equipment.
20 § 2983. Payments for resident students.
21 § 2984. Payments for expenses for postsecondary education.
22 § 2985. Payments for approved travel.
23 § 2986. Payments for compensation for extension education.
24 § 2987. Payments for approved instructional equipment.
25 § 2988. Submission of estimates to General Assembly and
26 appropriations.
27 § 2989. Method of payment.
28 § 2990. Allocation of unencumbered State and Federal funds.
29 § 2991. Funds for district without vocational-technical school.
30 Subchapter N. Temporary Special Aid to School Districts Due
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1 to Real Property Reassessments
2 § 2992. Temporary special aid to school districts due to real
3 property reassessments.
4 Subchapter O. State School Fund
5 § 2993. Property and money in fund.
6 § 2994. Refund of proceeds of escheated estates.
7 § 2995. Management of fund.
8 § 2996. Investment of moneys.
9 § 2997. Use of moneys.
10 § 2998. Reports on condition of fund.
11 Chapter 31. Local Finance
12 Subchapter A. General Provisions
13 § 3101. Definitions.
14 Subchapter B. Budget
15 § 3111. Preparation and submission of budget.
16 § 3112. Public notice of proposed budget.
17 § 3113. Adoption of budget.
18 § 3114. Amendment of current budget.
19 § 3115. First class city home rule districts.
20 Subchapter C. Receipts
21 § 3121. Designation of official depositories.
22 § 3122. Deposit of school funds with official depositories.
23 Subchapter D. Purchasing
24 § 3131. General requirements for purchasing.
25 § 3132. Solicitation for quotations for certain purchases.
26 § 3133. Formal bidding for certain purchases.
27 § 3134. Contracts and payments for purchases.
28 § 3135. Joint purchases with government agencies.
29 § 3136. Bulk purchases through the Commonwealth.
30 § 3137. Fee sharing restricted.
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1 Subchapter E. Payment
2 § 3141. System of payment procedures.
3 § 3142. Payments to be made on payment orders.
4 § 3143. Payroll obligations as preferential claims.
5 § 3144. Liability of officials for improper payment orders.
6 § 3145. Authorizing use of facsimile signatures.
7 § 3146. Transfer of funds between accounts or institutions.
8 Subchapter F. Expenditures
9 § 3151. Authority to make expenditures.
10 § 3152. Authorization of travel and reimbursement of expenses.
11 § 3153. Expenses for collective bargaining agreement.
12 Subchapter G. Investment of Funds
13 § 3161. Investment of school funds required.
14 § 3162. Authorized investments for funds.
15 § 3163. Joint purchase of investments.
16 § 3164. Capital reserve fund for construction projects.
17 Subchapter H. Indebtedness
18 § 3171. Authorization for temporary borrowing.
19 § 3172. Authorization to issue bonds.
20 § 3173. Withholding Commonwealth funds for unpaid indebtedness.
21 Subchapter I. Protection of Funds and Property
22 § 3181. Insurance on deposits of funds.
23 § 3182. Bonding of officials for performance of duties.
24 § 3183. Authorization for insurance contracts.
25 § 3184. Bids accompanied by deposit.
26 § 3185. Performance and payment bonds.
27 Subchapter J. Miscellaneous Provisions
28 § 3191. Disposal of personal property.
29 Chapter 33. Accounting and Auditing
30 Subchapter A. General Provisions
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1 § 3301. Definitions.
2 § 3302. Accounting system to be maintained.
3 § 3303. Standards for accounting system.
4 § 3304. Retention of accounting records.
5 Subchapter B. Auditors and Audits
6 § 3311. Designation of school auditors.
7 § 3312. Scope of audits.
8 § 3313. Powers and duties of auditors.
9 § 3314. Surcharge by auditors.
10 § 3315. Compensation and expenses of auditors.
11 § 3316. Filing annual audit report.
12 § 3317. Advertising notice of audit report.
13 § 3318. Department review of accounting records.
14 § 3319. Civil and criminal liability of auditors.
15 Subchapter C. Audits and Other Financial Matters in First
16 Class A Districts
17 § 3331. Monthly reports by depositories.
18 § 3332. Reports and payment of taxes collected.
19 § 3333. Annual budget.
20 § 3334. City controller to be elected school controller.
21 § 3335. Oath, bond and compensation of controller.
22 § 3336. Vacancy in office of controller.
23 § 3337. Clerks, stationery, etc. for controller and treasurer.
24 § 3338. School orders.
25 § 3339. Contracts.
26 § 3340. Payment of contracts and liability of controller.
27 § 3341. Estimates of expenses.
28 § 3342. Annual statement of finances for past year.
29 § 3343. Information for estimates and tax levies.
30 § 3344. Audit of finances by school controller.
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1 § 3345. Limitation on employment of controllers and
2 auditors.
3 § 3346. Statements of accounts.
4 § 3347. Power to issue subpoenas and administer oaths.
5 § 3348. Disobedience to subpoena.
6 § 3349. Witness fees.
7 § 3350. Copies of reports.
8 § 3351. Duties of controller.
9 § 3352. Inconsistent provisions.
10 Subchapter D. Appeals from Audits
11 § 3361. Filing of appeals from reports.
12 § 3362. Filing of appeal bonds.
13 § 3363. Scope of judicial review.
14 § 3364. Rights of taxpayers following appeals.
15 § 3365. Entry of judgments for amounts of surcharge.
16 § 3366. Collection and enforcement of judgments.
17 Chapter 35. Taxation
18 Subchapter A. General Provisions
19 § 3501. School boards to levy taxes for district.
20 § 3502. Time and uniformity of tax levy.
21 § 3503. Affidavit of uncollectability of real property taxes.
22 § 3504. Certain taxable property acquired by Commonwealth.
23 § 3505. Construction of chapter.
24 § 3506. Severability provision.
25 Subchapter B. Provisions Applicable to First Class and
26 First Class A Districts
27 § 3511. Powers and duties of collector or treasurer.
28 § 3512. Appeals from decisions of tax collectors.
29 § 3513. Board of appeals in first class districts.
30 § 3514. Estimates of valuation of taxable personal property.
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1 § 3515. Taxes payable by persons making returns.
2 § 3516. Acceptance of taxes payable under protest.
3 § 3517. Taxes collected by collector or treasurer.
4 § 3518. Examination of records to determine tax liability.
5 § 3519. Unpaid real property taxes lien on property.
6 § 3520. Penalties.
7 § 3521. Levy of taxes in general.
8 § 3522. Certification of property assessed for municipal
9 purposes.
10 § 3523. Certification of levy and tax duplicates.
11 § 3524. Levy of additional real property taxes.
12 § 3525. Additional taxes in first class A districts.
13 Subchapter C. Personal Property Tax in First Class and
14 First Class A Districts
15 § 3531. Definitions.
16 § 3532. Property taxable, rate of tax and levy.
17 § 3533. Filing tax returns.
18 § 3534. Assessment of tax for unreported property.
19 § 3535. Petitions for reassessment and appeals.
20 § 3536. Assessment and collection of taxes on property of
21 decedents.
22 § 3537. Time and conditions of payment of taxes.
23 § 3538. Interest, tax lien and claims.
24 § 3539. Alternate provision if subchapter unconstitutional.
25 Subchapter D. Business Receipts Tax in First Class and First
26 Class A Districts
27 § 3541. Definitions.
28 § 3542. Authority to levy and collect tax.
29 § 3543. Imposition and rate of tax.
30 § 3544. Computation of annual receipts.
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1 § 3545. Tax returns.
2 § 3546. Collection of unpaid taxes, interest and penalties.
3 § 3547. Effect of subchapter on tax ordinances.
4 Subchapter E. Mercantile Tax in First Class and First Class
5 A Districts
6 § 3551. Definitions.
7 § 3552. Authority to levy and collect tax.
8 § 3553. Mercantile licenses and license fees.
9 § 3554. Imposition and rate of tax.
10 § 3555. Computation of gross amount of business.
11 § 3556. Tax returns.
12 § 3557. Collection of unpaid taxes, interest and penalties.
13 § 3558. Effect of subchapter on tax ordinances.
14 Subchapter F. Earnings Tax in First Class A Districts
15 § 3561. Definitions.
16 § 3562. Levy of tax.
17 § 3563. Estimation and payment of tax on net profits.
18 § 3564. Payment of tax on compensation.
19 § 3565. Collection at source of tax on compensation.
20 § 3666. Suits for collection of unpaid taxes.
21 § 3667. Collection of interest, penalties and costs.
22 § 3568. Application of subchapter.
23 Subchapter G. Provisions Applicable to Second Class
24 Districts
25 § 3581. Property subject to tax.
26 § 3582. Per capita taxes.
27 § 3583. Levy of taxes in general.
28 § 3584. Tax equalization for districts in more than one
29 municipality.
30 § 3585. Revisions to tax duplicates from major improvements.
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1 § 3586. Certification of duplicates of taxables to school
2 boards.
3 § 3587. Certification of duplicates of tax levies to
4 collectors.
5 § 3588. Appointment and authority of tax collectors.
6 § 3589. Delinquent taxes and tax collectors.
7 SUBPART D. SCHOOL PROGRAMS
8 Chapter 37. General Education
9 Subchapter A. General Provisions
10 § 3701. Development of programs or courses of study.
11 § 3702. Mandated and required programs or courses of study.
12 § 3703. Prescribed advance and special programs or courses
13 of study.
14 § 3704. Development of additional programs or courses of study.
15 § 3705. Extension education programs.
16 § 3706. Language used in teaching subjects.
17 § 3707. Display of United States Flag.
18 § 3708. Program for development of citizenship and patriotism.
19 § 3709. Periods for prayer and meditation.
20 § 3710. Program for homebound instruction.
21 § 3711. Assessment statements of progress of students.
22 § 3712. Procedures for evaluation of educational programs.
23 § 3713. Diplomas for completing courses of instruction.
24 § 3714. Credits for examinations and courses.
25 § 3715. Governor's School for the Arts.
26 Subchapter B. School Calendar and Sessions
27 § 3721. Establishment of school calendar.
28 § 3722. Approval of shorter instructional days.
29 Subchapter C. Educational Programs in Institutions
30 § 3731. Educational programs in State-owned institutions.
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1 § 3732. Educational programs in places of detention.
2 Chapter 39. Vocational Education
3 Subchapter A. General Provisions
4 § 3901. Definitions.
5 § 3902. Authority to establish and conduct programs.
6 § 3903. Extension and adult vocational education programs.
7 § 3904. Intensive classes for unemployed or underemployed
8 persons.
9 § 3905. Attendance in other districts.
10 Subchapter B. Organization of Area Vocational-Technical
11 Schools
12 § 3911. Attendance area.
13 § 3912. Establishment of schools.
14 § 3913. Agreement of participating districts.
15 § 3914. Physical plant and construction.
16 § 3915. Adoption of annual budget.
17 § 3916. Powers and duties of governing board.
18 § 3917. Delegation to operating agent.
19 § 3918. Organization of operating committee.
20 Subchapter C. Miscellaneous Provisions
21 § 3931. Establishment of advisory committees.
22 § 3932. Cooperation between schools and community colleges.
23 Chapter 41. Special Education
24 Subchapter A. General Provisions
25 § 4101. Definitions.
26 § 4102. Evaluation of suspected exceptional children.
27 § 4103. Hearings for assignment of exceptional children.
28 § 4104. Reports on exceptional children.
29 Subchapter B. Programs for Exceptional Children
30 § 4111. Plans for education of children.
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1 § 4112. Regulations and standards for education of children.
2 § 4113. Special education programs, classes and schools.
3 § 4114. Instruction of children in the home.
4 § 4115. Placement of extraordinary exceptional children.
5 Subchapter C. Finance Relating to Exceptional Children
6 § 4121. Child member of district for reimbursement.
7 § 4122. Payments for programs and schools operated by
8 department.
9 § 4123. Tuition charges for children in private schools.
10 § 4124. Tuition payments for children in private schools.
11 § 4125. Tuition charges for children in chartered schools.
12 Subchapter D. Provisions Applicable to Certain Exceptional
13 Children
14 § 4131. Instruction for parents of the blind.
15 § 4132. Higher education expenses for blind and deaf persons.
16 § 4133. Providing special personnel and equipment.
17 Chapter 43. Supportive Services
18 Subchapter A. Educational Media
19 § 4301. Educational broadcasting and communication
20 technologies.
21 § 4302. Expenditure of funds for media purposes.
22 Subchapter B. Library Program
23 § 4311. Comprehensive school library program.
24 Subchapter C. Food Service
25 § 4321. Food service facilities in schools.
26 § 4322. Free food for needy students.
27 § 4323. Nonprofit child nutrition program.
28 Subchapter D. Student Personnel Services
29 § 4331. Student personnel services program.
30 § 4332. Students absent for lack of necessities.
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1 § 4333. Attendance officers and home and school
2 visitors/school social workers.
3 § 4334. Special police for traffic and crowd control.
4 Subchapter E. School Health Services
5 § 4341. School health services program.
6 § 4342. Powers and duties of Secretary of Health and Secretary
7 of Education.
8 § 4343. Physical and dental examinations of students.
9 § 4344. Immunization of children prior to admission to
10 school.
11 § 4345. Objections to examination or treatment on religious
12 grounds.
13 § 4346. Examinations of school buildings and grounds.
14 § 4347. Fire drills and instruction.
15 Subchapter F. Transportation
16 § 4351. Transportation of resident students.
17 § 4352. Transportation facilities and liability insurance.
18 § 4353. Appropriations to mass transportation authorities.
19 § 4354. Computation of distances for transportation purposes.
20 § 4355. Compensation in excess of transportation contract.
21 § 4356. Transportation or board and lodging for exceptional
22 students.
23 § 4357. Board and lodging for vocational-technical students.
24 SUBPART E. STUDENTS
25 Chapter 47. Students
26 Subchapter A. Admission and Assignment
27 § 4701. Right to free public education.
28 § 4702. Admission of students under six years of age.
29 § 4703. Students residing in children's institutions.
30 § 4704. Nonresident student placed in home of resident.
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1 § 4705. Permitting attendance of other nonresident students.
2 § 4706. Assignment of students to schools.
3 § 4707. Reassignment of students in closed schools.
4 § 4708. Attendance outside district when transportation not
5 furnished.
6 Subchapter B. Compulsory Attendance
7 § 4721. Attendance required of school age children.
8 § 4722. Modified programs to meet compulsory attendance
9 requirements.
10 § 4723. Parental responsibility for attendance of child.
11 § 4724. Attendance of migrant children.
12 § 4725. Periodic census of school children in district.
13 § 4726. Use of information obtained from census.
14 § 4727. Reports of enrollments, attendance and withdrawals.
15 § 4728. Excused absence of student from school.
16 § 4729. Illegal absence of student from school.
17 § 4730. Penalties for violations of subchapter.
18 § 4731. Exemptions from compulsory attendance requirements.
19 Subchapter C. Student Affairs
20 § 4741. Exercise of control over students and corporal
21 punishment.
22 § 4742. Suspension of students for misconduct.
23 § 4743. Expulsion of students for misconduct.
24 § 4744. Governing board empowered to issue subpoenas.
25 § 4745. Proceedings against delinquent students.
26 § 4746. Employment of minors.
27 § 4747. Confidentiality of student records and
28 communications.
29 SUBPART F. PHYSICAL PLANT AND CONSTRUCTION
30 Chapter 49. Physical Plant and Construction
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1 Subchapter A. General Provisions
2 § 4901. Duty to provide appropriate facilities.
3 § 4902. Use of school facilities for other purposes.
4 § 4903. Exemption of property from taxation.
5 Subchapter B. Governing Board Procedures
6 § 4911. Definitions.
7 § 4912. Authorization of maximum project and building costs.
8 § 4913. Public hearing prior to construction or lease.
9 § 4914. Referendum prior to construction or lease.
10 Subchapter C. Regulation of Property and Projects
11 § 4921. Building and property regulations.
12 § 4922. Advisory committee on building and property
13 regulations.
14 § 4923. Substrata evaluation for building projects.
15 Subchapter D. Approval of Buildings and Projects
16 § 4931. General powers and duties of department.
17 § 4932. Department approval of buildings and improvements.
18 Subchapter E. Acquisition of Property
19 § 4941. Determination of location and amount of property.
20 § 4942. Acquisition and holding of property.
21 § 4943. Lease of buildings constructed or altered for school
22 use.
23 § 4944. Lease of grounds and buildings for school purposes.
24 § 4945. Authority of district concerning projects for school
25 purposes.
26 § 4946. Equipping and operating recreational facilities.
27 Subchapter F. Contracts for Construction and Improvements
28 § 4951. General requirements for work performed on school
29 property.
30 § 4952. Contract provisions covering competency of workmen.
19810H1300B2899 - 21 -
1 § 4953. Contract provisions covering minimum wages.
2 § 4954. Contract provisions for compliance with Human Relations
3 Act.
4 § 4955. Architects and engineers employed prohibited from
5 bidding on public works.
6 Subchapter G. Disposition of Property
7 § 4961. Authority to dispose of property.
8 § 4962. Procedure for abandonment of property.
9 § 4963. Lease of unused and unnecessary property.
10 § 4964. Sale of unused and unnecessary property.
11 § 4965. Payment of consideration on private sale of property.
12 § 4966. Sale of property acquired for nonpayment of taxes.
13 § 4967. Lease or transfer in connection with school project
14 leases.
15 § 4968. Conveyance to municipality for municipal purposes.
16 § 4969. Conveyance to or for community college.
17 SUBPART G. PERSONNEL
18 Chapter 51. Personnel
19 Subchapter A. General Provisions
20 § 5101. Definitions.
21 § 5102. Medical examinations of employees and agents.
22 § 5103. Religious garb worn by employee prohibited.
23 § 5104. Personnel actions concerning relatives of school
24 directors.
25 § 5105. Access to personnel records.
26 § 5106. Rights of professional employees in special
27 institutions.
28 Subchapter B. Certification
29 § 5111. Requirement of professional certification.
30 § 5112. Professional Standards and Practices Commission.
19810H1300B2899 - 22 -
1 § 5113. Emergency certificates and substitutes.
2 § 5114. Provisional and intern certificates.
3 § 5115. Permanent certification.
4 § 5116. Certification of personnel from other states and
5 countries.
6 § 5117. Existing professional certificates.
7 § 5118. Other professional certificates.
8 § 5119. Suspension and revocation of professional certificates.
9 § 5120. Assurance of certification and proper assignment.
10 § 5121. Penalty for serving without a certificate.
11 § 5122. Permanent registration of certificated personnel.
12 § 5123. Department waiver of certification requirements.
13 Subchapter C. Employment Rights of Professional Personnel
14 § 5131. Contract between board and employee.
15 § 5132. Tenure.
16 § 5133. Promotions and transfers.
17 § 5134. Ratings.
18 § 5135. Furlough of employee from staff reduction.
19 § 5136. Criteria for furlough and reinstatement.
20 § 5137. Compulsory retirement and resignation.
21 § 5138. Causes for dismissal, suspension or demotion.
22 § 5139. General procedures in disciplinary proceedings.
23 § 5140. Issuance of subpoenas to witnesses.
24 § 5141. Notice and effect of board decision.
25 § 5142. Appeals to department SECRETARY. <--
26 § 5143. Appeals to court.
27 § 5144. Powers and duties of school entities concerning
28 salaries.
29 § 5145. Substitute teachers.
30 § 5146. PART-TIME EMPLOYEES. <--
19810H1300B2899 - 23 -
1 Subchapter D. Leave and Retirement Benefits
2 § 5151. Right to sabbatical leave.
3 § 5152. Salary while on sabbatical leave.
4 § 5153. Priority and number of sabbatical leaves.
5 § 5154. Failure to return following sabbatical leave.
6 § 5155. Regulations governing sabbatical leave.
7 § 5156. Military service leave.
8 § 5157. Military training leave.
9 § 5158. Right to sick leave.
10 § 5159. Transfer of accumulated sick leave.
11 § 5160. Regulations governing sick leave.
12 § 5161. Bereavement leave.
13 § 5162. Leave to serve as teacher in foreign country.
14 § 5163. Leave for maternity purposes.
15 § 5164. Leave with or without pay.
16 § 5165. Retirement.
17 Subchapter E. Commissioned Personnel
18 § 5171. Selection and qualifications.
19 § 5172. Term of office and compensation.
20 § 5173. Oath of office.
21 § 5174. Reelection, retention and resignation.
22 § 5175. Superintendent of new combined districts.
23 § 5176. Commissioning of personnel.
24 § 5177. Acting and substitute superintendents.
25 § 5178. Removal for cause.
26 § 5179. Duties of superintendent.
27 § 5180. Duties of assistant superintendent.
28 Subchapter F. Principals
29 § 5191. Employment and duties of principals.
30 PART III. HIGHER EDUCATION
19810H1300B2899 - 24 -
1 Chapter 61. State-owned Colleges and Universities and
2 Community Colleges
3 § 6101. Senior citizen college education.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 24, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding parts to read:
9 TITLE 24
10 EDUCATION
11 Part
12 I. Preliminary Provisions
13 II. Basic Education
14 III. Higher Education
15 PART I
16 PRELIMINARY PROVISIONS
17 Subpart
18 A. General Provisions
19 B. Commonwealth Agencies
20 C. Nonpublic and Private Schools
21 SUBPART A
22 GENERAL PROVISIONS
23 Chapter
24 1. General Provisions
25 CHAPTER 1
26 GENERAL PROVISIONS
27 Sec.
28 101. Short title of title.
29 102. Definitions.
30 103. Rulemaking procedure.
19810H1300B2899 - 25 -
1 104. Access to information and public records.
2 105. Public agency open meeting laws.
3 106. Prohibition of certain tests and qualifications.
4 107. Reservation of unassigned powers and duties.
5 § 101. Short title of title.
6 This title shall be known and may be cited as the "Education
7 Code."
8 § 102. Definitions.
9 (a) General rule.--Subject to additional definitions
10 contained in subsequent provisions of this title which are
11 applicable to specific provisions of this title, the following
12 words and phrases when used in this title shall have the
13 meanings given to them in this section unless the context
14 clearly indicates otherwise:
15 "Auxiliary personnel." Persons employed by a governing board
16 in positions for which commissions or certificates are not
17 required.
18 "Board of school directors." Includes board of public
19 education.
20 "Department." The Department of Education of the
21 Commonwealth.
22 "Employ." Directly engaging the services of an employee of
23 the school district.
24 "Fiscal year." The period of time from July 1 to the
25 following June 30 or, if fixed by the governing board by a two-
26 thirds vote and approved by the department, the period of time
27 from January 1 to December 31. Any school district having a
28 fiscal year running from January 1 to December 31 on the
29 effective date of this title may continue to use that fiscal
30 year.
19810H1300B2899 - 26 -
1 "Governing board." The board of school directors,
2 intermediate unit board of directors and area vocational-
3 technical school board of directors.
4 "Nonpublic school." Any school, other than a public school
5 within this Commonwealth, which satisfies the requirements of
6 section 3702(c) (relating to mandated and required programs or
7 courses of study) and Title VI of the Federal Civil Rights Act
8 of 1964 (42 U.S.C. § 2000d et seq.).
9 "Nontenured professional employee." A professional employee
10 who has not received tenure in accordance with section 5132
11 (relating to tenure).
12 "Policy." A general statement of purpose, intent or
13 direction by the State board or a governing board.
14 "Professional employee." Any person other than a
15 commissioned employee who holds a professional certificate
16 issued by the department as provided in Chapter 51 (relating to
17 personnel) and is employed by a governing board in a position
18 requiring a certificate established by law.
19 "Public school." Any school or program operated by a school
20 entity.
21 "Quorum." A majority of the legally qualified membership of
22 a governing board.
23 "Regulation" or "rule." A properly issued statement of
24 general applicability and future effect promulgated under
25 statutory authority designed to:
26 (1) implement law or prescribe policy; or
27 (2) describe the organization or operating procedure of
28 the issuing authority.
29 "School director." A duly elected or appointed member of a
30 governing board.
19810H1300B2899 - 27 -
1 "School entity." A school district, intermediate unit or
2 area vocational-technical school.
3 "School term" or "school year." The period of time during a
4 fiscal year out of which the school calendar requirements of
5 section 3721 (relating to establishment of school calendar) are
6 satisfied.
7 "Secretary." The Secretary of Education of the Commonwealth.
8 "Standard." A criterion which implements a statute or
9 regulation by setting forth the minimal level of performance
10 which shall be accepted as constituting compliance with that
11 statute or regulation.
12 "State board." The State Board of Education of the
13 Commonwealth.
14 (b) Limitation.--The definitions contained in this section
15 shall not be used in any way to determine collective bargaining
16 rights under the act of July 23, 1970, (P.L.563, No.195), known
17 as the "Public Employe Relations Act."
18 § 103. Rulemaking procedure.
19 (a) Regulations.--The State Board of Education, the State
20 Board for Vocational Education and the State boards of private
21 schools shall promulgate and issue regulations where authorized
22 by law in accordance with the Commonwealth Documents Law.
23 (b) Standards.--Where the secretary, the department or the
24 comptroller of the department are authorized by this title to
25 promulgate standards, the secretary, department or comptroller
26 shall promulgate the standards in accordance with the
27 Commonwealth Documents Law.
28 (c) Governing boards.--A governing board shall adopt rules,
29 regulations or policy where authorized by this title OR AS <--
30 REQUIRED BY THE RULES AND REGULATIONS ADOPTED BY THE STATE BOARD
19810H1300B2899 - 28 -
1 OF EDUCATION AS PROVIDED FOR IN SECTION 503 (RELATING TO POWERS
2 AND DUTIES OF STATE BOARD) OR AS REQUIRED BY STANDARDS ADOPTED
3 BY THE SECRETARY OF EDUCATION AS PROVIDED FOR IN SECTION 702
4 (RELATING TO POWERS AND DUTIES OF SECRETARY).
5 (d) By whom issued.--A rule, regulation or standard may be <--
6 promulgated only by the State Board of Education, the State
7 Board for Vocational Education or a State board for private
8 education.
9 (e) (D) Construction of section.--This section does not <--
10 prevent school entity personnel from establishing standards and
11 guidelines which implement governing board regulations.
12 § 104. Access to information and public records.
13 Rules, regulations, standards and all public records of the
14 State board, the department, the State boards of private schools
15 and any governing board of any school entity shall, at
16 reasonable times, be open for the examination, inspection and
17 reproduction by any citizen of this Commonwealth in accordance
18 with the provisions of the act of June 21, 1957 (P.L.390,
19 No.212), referred to as the Right-to-Know Law. The school entity
20 may charge for the actual cost of reproduction including the
21 cost of clerical labor.
22 § 105. Public agency open meeting laws.
23 The provisions of the act of June 21, 1957 (P.L.392, No.213),
24 and the act of July 19, 1974 (P.L.486, No.175), referred to as
25 the Public Agency Open Meeting Laws, shall apply to all
26 governing boards of all school entities and to the department,
27 the State Board of Education, the State Board for Vocational
28 Education and the State boards for private schools.
29 § 106. Prohibition of certain tests and qualifications.
30 No test or qualification based on religion, political
19810H1300B2899 - 29 -
1 affiliation, sex or race shall be required of any director,
2 officer, appointee, employee or any visitor in the public
3 schools of this Commonwealth.
4 § 107. Reservation of unassigned powers and duties.
5 Powers and duties not assigned by this title are reserved to
6 the General Assembly.
7 SUBPART B
8 COMMONWEALTH AGENCIES
9 Chapter
10 5. State Board of Education
11 7. Department of Education
12 CHAPTER 5
13 STATE BOARD OF EDUCATION
14 Sec.
15 501. Membership and operation of State board.
16 502. Membership and operation of councils of basic and higher
17 education.
18 503. Powers and duties of State board.
19 504. Powers and duties of Council of Basic Education.
20 505. Powers and duties of Council of Higher Education.
21 506. State board requirements binding upon department.
22 507. State board staff and department assistance.
23 508. Legislative action on rules or regulations.
24 § 501. Membership and operation of State board.
25 (a) Membership.--The State Board of Education shall consist
26 of 21 members, four of whom shall be the majority and minority
27 chairmen of the standing committees on education in the House of
28 Representatives and the Senate or their respective designees
29 (who shall be members of the respective standing committees on
30 education). The remaining 17 members shall be appointed by the
19810H1300B2899 - 30 -
1 Governor, by and with the advice and consent of two-thirds of
2 all the members of the Senate, and shall hold office for terms
3 of four SIX years each and until a successor has been appointed <--
4 and has qualified.
5 (b) Compensation.--Members shall receive no salary but shall
6 be entitled to travel and other necessary expenses incurred in
7 the performance of their duties as members of the State board.
8 Reimbursement for expenses shall be the greater of the following
9 amounts but shall not exceed actual expenses:
10 (1) The sum of $40 per day for food and lodging and the
11 mileage rate authorized by law for travel by automobile.
12 (2) Amounts for traveling expenses determined by the
13 Commissioner of Internal Revenue under the authority of
14 section 274 of the Internal Revenue Code of 1954 and
15 regulations promulgated thereunder as not requiring
16 substantiation by adequate records or other sufficient
17 evidence.
18 (c) Quorum and meetings.--Eleven members shall constitute a
19 quorum provided that at least five members serving on each of
20 the councils are present. The affirmative vote of a majority of
21 all the members of the State board duly recorded showing how
22 each member voted shall be required in order to take action
23 formulating policies and adopting rules and regulations. The
24 State board shall meet at least five times a year at such times
25 and places as it shall determine except that the board may meet
26 from time to time in various areas of this Commonwealth. Special
27 meetings may be called by the chairman or at the request of a
28 majority of the members of the State board. The State board
29 shall provide at all of its meetings a reasonable opportunity
30 for public comment.
19810H1300B2899 - 31 -
1 (d) Vacancies.--An appointment to fill a vacancy shall be
2 for the unexpired term.
3 (e) Eligibility.--Except for the chairman, not more than two
4 members serving on each council may be employed in a school
5 system or by any educational institution. At least two members
6 serving on each council shall have had previous experience with
7 technical education or training. No person employed by the
8 department may serve as a member.
9 (f) Executive officer.--The secretary or his designated
10 representative shall be the chief executive officer of the State
11 Board of Education and the State Board for Vocational Education,
12 shall be entitled to attend all meetings of the State board and
13 the councils and shall have the right to speak on all matters
14 before the board and the councils but not to vote.
15 § 502. Membership and operation of councils of basic and higher
16 education.
17 (a) Chairman of State board.--The person designated by the
18 Governor to serve as chairman of the State board shall also
19 serve as a member of both the Council of Basic Education and the
20 Council of Higher Education.
21 (b) Members of State board.--Of the remaining 20 members of
22 the State board, two legislative members shall serve as members
23 of the Council of Basic Education and two legislative members
24 shall serve as members of the Council of Higher Education. Of
25 the remaining 16 members of the State board, eight shall serve
26 as members of the Council of Basic Education and eight shall
27 serve as members of the Council of Higher Education, as
28 designated by the Governor.
29 (c) Chairmen of councils.--The Governor shall designate to
30 serve at his pleasure a member serving on each council to act as
19810H1300B2899 - 32 -
1 chairman of each council.
2 (d) Meetings.--Each council shall meet at the call of its
3 chairman or at the request of a majority of the members of the
4 council.
5 (e) Joint committees.--The chairman of the State board may
6 appoint special joint committees from among the members of the
7 board to formulate proposals in those areas which fall within
8 the purview of both of the councils.
9 § 503. Powers and duties of State board.
10 The State board shall:
11 (1) Serve as the general planning and coordinating body
12 for all public education including both basic and higher
13 education.
14 (2) Investigate programs, conduct research studies and
15 formulate educational policies which are applicable both to
16 basic and to higher education.
17 (3) Adopt policy, rules and regulations upon the
18 recommendation of the Councils of Basic and Higher Education
19 as provided in this title. Before any proposal to create or
20 revise any policy, rule or regulation may be placed on the
21 agenda for intent to adopt or for adoption, the proposal must
22 be accompanied by a fiscal note prepared by the department
23 containing a statement of cost to the Commonwealth and the
24 various school entities affected.
25 (4) In January in odd-numbered years, submit a
26 comprehensive report of its activities to the Governor and
27 General Assembly together with its recommendations for
28 improvements in education in this Commonwealth. The report
29 shall include a statement outlining the expected benefits and
30 projected costs of any recommended course of action.
19810H1300B2899 - 33 -
1 (5) Apply for, receive and administer, subject to any
2 applicable regulations or laws of the Federal Government or
3 any agency thereof, any Federal grants, programs,
4 appropriations and allocations on behalf of the Commonwealth,
5 any of its school districts or any institution of higher
6 education, public or private, within this Commonwealth. This
7 paragraph does not affect the right of school entities or
8 institutions of higher education to apply for, receive and
9 administer Federal funds in accordance with Federal laws or
10 regulations.
11 (6) Serve as the State Board for Vocational Education to
12 carry out the provisions of any and all Federal and State
13 laws relating to vocational education so far as the same
14 relate to the cooperation of the State and Federal
15 governments, and have full power to take all necessary steps
16 in the formulation of plans for the administration of
17 vocational education and to formulate and execute plans for
18 the preparation of teachers of vocational subjects.
19 (7) Adopt regulations governing educational broadcasting
20 as provided in section 4301 (relating to educational
21 broadcasting and communication technologies).
22 (8) Submit annually to the department an estimate of the
23 financial requirements of the State board for administrative
24 expenses.
25 (9) Provide for summer schools in State colleges,
26 colleges, universities and other educational institutions,
27 and for extension courses and correspondence courses for all
28 teachers employed in the public school system of this
29 Commonwealth who wish to acquire the minimum qualifications
30 prescribed in Chapter 51 (relating to personnel) or who wish
19810H1300B2899 - 34 -
1 to acquire such further qualifications as may be desirable.
2 (10) Perform such other duties as may be required by the
3 provisions of this chapter.
4 § 504. Powers and duties of Council of Basic Education.
5 The Council of Basic Education shall:
6 (1) Formulate and recommend to the State board policies,
7 rules and regulations where provided for by this title and in
8 the following areas:
9 (i) The minimum program to be provided by all public
10 schools.
11 (ii) The qualifications for employment of
12 professional personnel in the public schools.
13 (iii) Admission, attendance, graduation and other
14 separation requirements for the public schools.
15 (iv) All matters pertaining to school construction.
16 (v) The operation of all programs of supportive
17 services.
18 (vi) The operation of special schools and programs.
19 (vii) Action to be taken on changes in school entity
20 boundary lines as provided by law.
21 (viii) All standards and practices for professional
22 education and certification as provided for in section
23 5112 (relating to Professional Standards and Practices
24 Commission).
25 (2) Encourage and promote such educational programs as
26 the needs of this Commonwealth may from time to time require.
27 (3) Recommend to the State board policies, rules and
28 regulations relating to the operation of vocational
29 education, special education and intermediate units.
30 (4) Recommend to the State board an evaluation procedure
19810H1300B2899 - 35 -
1 designed to measure objectively the adequacy and efficiency
2 of the educational programs offered by the public schools of
3 this Commonwealth.
4 § 505. Powers and duties of Council of Higher Education.
5 (a) General rule.--The Council of Higher Education shall:
6 (1) Develop for State board approval a master plan for
7 higher education in this Commonwealth for the guidance of the
8 Governor, General Assembly and all institutions of higher
9 education financed wholly or in part from Commonwealth
10 appropriations. The master plan shall:
11 (i) Define the role of each type of institution
12 (State-owned colleges and universities, State-related
13 universities, community colleges, private colleges and
14 universities and off-campus centers of any of these and
15 other institutions authorized to grant degrees) in the
16 Commonwealth system of higher education.
17 (ii) Recommend enrollment levels for each
18 institution.
19 (iii) Recommend a method for governance of the
20 system.
21 (iv) Provide formulas for the distribution of
22 Commonwealth funds among the institutions.
23 (v) Otherwise provide for an orderly development of
24 the system.
25 (2) Review the annual budget requests of institutions of
26 higher education.
27 (3) Recommend to the State board policies, rules and
28 regulations for the approval of colleges and universities for
29 the granting of certificates and degrees.
30 (4) Recommend to the State board policies, rules and
19810H1300B2899 - 36 -
1 regulations for all higher education building projects
2 involving the use of Commonwealth funds or the funds of any
3 Commonwealth instrumentality.
4 (5) Investigate programs, conduct research studies and
5 formulate proposals to the State board in all areas
6 pertaining to higher education in this Commonwealth,
7 including a system of community colleges as provided by law.
8 (6) Recommend to the State board regulations under which
9 the department shall approve or disapprove any action of a
10 State-owned college or university, community college or
11 State-related or State-aided college or university in
12 establishing additional branches or campuses or in
13 discontinuing branches or campuses.
14 (7) Recommend to the State board regulations under which
15 the department shall approve or disapprove any action of a
16 State-owned college or university, community college or
17 State-related or State-aided college or university in
18 establishing new professional schools or upper division
19 programs by two-year institutions.
20 (8) Recommend to the State board regulations under which
21 the department shall approve or disapprove applications by
22 State-owned colleges for admission to university status and
23 approve or disapprove applications by two-year institutions
24 to become four-year institutions.
25 (9) Recommend to the State board regulations under which
26 the department shall approve or disapprove the request of any
27 private institution of higher education for admission to
28 State-related or State-aided status or for eligibility for
29 other financial support from the Commonwealth.
30 (10) Require the submission of long-range plans from all
19810H1300B2899 - 37 -
1 public and private institutions of higher education at the
2 times and in the form requested by the State board.
3 (b) Board of State College and University Directors.--With
4 regard to State-owned institutions, approval or disapproval by
5 the department under the provisions of subsection (a)(6) through
6 (8) shall not be made until after recommendation by the Board of
7 State College and University Directors whenever such
8 recommendation is deemed necessary or required by law.
9 (c) Department of Education.--No institution of higher
10 education may proceed with any action described in subsection
11 (a)(6) through (9) unless it has been approved by the
12 department.
13 (d) Budget approval.--With regard to approval by the
14 department under the provisions of subsection (a)(6) through
15 (9), no action to be financed wholly or in part from
16 Commonwealth appropriations shall be taken by an institution of
17 higher learning prior to the next fiscal year or until the
18 General Assembly approves the Budget of the Governor for the
19 next fiscal year, and prior to each member of the General
20 Assembly, the Governor and the Secretary of the Budget being
21 provided with written notification of such approval, including
22 projected five-year fiscal analysis and an explanation as to the
23 necessity for the proposed action in relation to the master plan
24 for higher education.
25 § 506. State board requirements binding upon department.
26 Policies, rules and regulations promulgated by the State
27 board shall be binding upon the department. but no such policy, <--
28 rule or regulation shall go into effect unless fully funded by
29 the Commonwealth.
30 § 507. State board staff and department assistance.
19810H1300B2899 - 38 -
1 (a) State board staff.--The State board may employ and fix
2 the compensation of such staff as is deemed necessary to perform
3 the duties of the State board.
4 (b) Secretaries to councils.--The State board shall assign a
5 member of the staff to the Council of Basic Education and the
6 Council of Higher Education to serve as secretary.
7 (c) Assistance from department.--The department shall
8 furnish upon request of the State board such data and
9 information as the State board may from time to time require and
10 the department shall provide administrative services for and on
11 behalf of the State board to assist the State board in the
12 performance of its duties.
13 § 508. Legislative action on rules or regulations.
14 A copy of every rule, regulation or standard or amendment <--
15 thereto of the State board shall, before adoption, be forwarded
16 to the Speaker of the House of Representatives and to the
17 President pro tempore of the Senate for referral to and review
18 by the appropriate standing committee of the House of
19 Representatives and of the Senate as determined by the
20 respective presiding officer. The standing committee shall,
21 within 30 calendar days or 5 10 legislative days, whichever is <--
22 greater, from the receipt of such rule, regulation, standard or <--
23 amendment, approve or recommend disapproval to the House of
24 Representatives or the Senate of any such rule, regulation, <--
25 standard or amendment. After the rule, regulation or standard <--
26 AMENDMENT is reported from the committee, the House of <--
27 Representatives or the Senate shall within 30 calendar days or 5 <--
28 10 legislative days consider the rule or regulation, REGULATION <--
29 OR AMENDMENT. Failure of the standing committee to recommend
30 disapproval and of the House of Representatives and Senate to
19810H1300B2899 - 39 -
1 disapprove any rule, regulation or amendment within the total of <--
2 60 calendar days or 10 legislative days, as may be appropriate,
3 from the receipt thereof shall TIME SPECIFIED IN THIS SECTION <--
4 SHALL constitute approval thereof. If the standing committees of
5 both the Senate and the House of Representatives recommend
6 disapproval and the House of Representatives and the Senate
7 disapproves any rule, regulation, standard or amendment, the <--
8 board shall not adopt the rule, regulation, standard or <--
9 amendment and it shall not be again offered for one year TWO <--
10 YEARS. Each committee shall immediately notify, in writing, the
11 other committee and the board of any action taken pursuant to
12 this section. Only in the absence of a disapproval shall the
13 board proceed with the adoption, of the rule, regulation, <--
14 standard or amendment in accordance with section 202 of the
15 Commonwealth Documents Law.
16 CHAPTER 7
17 DEPARTMENT OF EDUCATION
18 Subchapter
19 A. General Provisions
20 B. Financially Distressed School Districts
21 SUBCHAPTER A
22 GENERAL PROVISIONS
23 Sec.
24 701. Appointment of secretary.
25 702. Powers and duties of secretary.
26 703. Emergency powers.
27 704. Power to withhold financial aid.
28 705. Departmental approval of plans.
29 706. STUDENT ADVISORY BOARD. <--
30 § 701. Appointment of secretary.
19810H1300B2899 - 40 -
1 The secretary shall assume all powers and duties of the
2 former Superintendent of Public Instruction and shall be
3 appointed by the Governor as provided by law.
4 § 702. Powers and duties of secretary.
5 (a) Standards for compliance with laws.--The secretary as
6 the chief school officer of this Commonwealth shall have the
7 power and it shall be his duty to secure compliance with all
8 statutes of this Commonwealth which pertain to education and
9 with rules and regulations of the State board promulgated
10 pursuant to statute. The secretary shall adopt pursuant to law
11 those standards necessary to assure compliance, shall publish
12 the standards and shall make them available in accordance with
13 the provisions of the Commonwealth Documents Law.
14 (b) State board action on standards.--Any standard issued by <--
15 the secretary in an area under the jurisdiction of the State
16 board shall be submitted to the State board for its approval at
17 the same time as it is published as a proposed standard as
18 provided in the Commonwealth Documents Law. Failure to approve,
19 disapprove or modify a standard within 60 days of submission
20 shall be deemed approval.
21 (B) LEGISLATIVE ACTION ON STANDARDS.--A COPY OF EVERY <--
22 STANDARD OR AMENDMENT OF A STANDARD PROPOSED BY THE SECRETARY
23 SHALL, BEFORE ADOPTION, BE FORWARDED TO THE SPEAKER OF THE HOUSE
24 OF REPRESENTATIVES AND TO THE PRESIDENT PRO TEMPORE OF THE
25 SENATE FOR REFERRAL TO AND REVIEW BY THE APPROPRIATE STANDING
26 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND OF THE SENATE AS
27 DETERMINED BY THE RESPECTIVE PRESIDING OFFICER. THE STANDING
28 COMMITTEE SHALL, WITHIN 30 CALENDAR DAYS OR 10 LEGISLATIVE DAYS,
29 WHICHEVER IS GREATER, FROM THE RECEIPT OF THE STANDARD OR
30 AMENDMENT APPROVE OR RECOMMEND DISAPPROVAL TO THE HOUSE OF
19810H1300B2899 - 41 -
1 REPRESENTATIVES OR THE SENATE OF THE STANDARD OR AMENDMENT.
2 AFTER THE STANDARD OR AMENDMENT IS REPORTED FROM THE COMMITTEE
3 WITH A RECOMMENDATION FOR DISAPPROVAL, THE HOUSE OF
4 REPRESENTATIVES OR THE SENATE SHALL WITHIN 30 CALENDAR DAYS OR
5 10 LEGISLATIVE DAYS, WHICHEVER IS GREATER, CONSIDER THE STANDARD
6 OR AMENDMENT. FAILURE OF THE STANDING COMMITTEE TO RECOMMEND
7 DISAPPROVAL AND OF THE HOUSE OF REPRESENTATIVES AND SENATE TO
8 DISAPPROVE ANY STANDARD OR AMENDMENT WITHIN THE TIME SPECIFIED
9 IN THIS SUBSECTION SHALL CONSTITUTE APPROVAL THEREOF. IF THE
10 STANDING COMMITTEES OF BOTH THE SENATE AND THE HOUSE OF
11 REPRESENTATIVES RECOMMEND DISAPPROVAL AND THE HOUSE OF
12 REPRESENTATIVES AND THE SENATE DISAPPROVES ANY STANDARD OR
13 AMENDMENT, THE SECRETARY SHALL NOT ADOPT THE STANDARD OR
14 AMENDMENT AND IT SHALL NOT BE AGAIN OFFERED FOR TWO YEARS. EACH
15 COMMITTEE SHALL IMMEDIATELY NOTIFY, IN WRITING, THE OTHER
16 COMMITTEE AND THE SECRETARY OF ANY ACTION TAKEN PURSUANT TO THIS
17 SUBSECTION. ONLY IN THE ABSENCE OF A DISAPPROVAL SHALL THE
18 SECRETARY PROCEED WITH THE ADOPTION OF THE STANDARD OR AMENDMENT
19 IN ACCORDANCE WITH SECTION 202 OF THE ACT OF JULY 31, 1968
20 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS
21 LAW.
22 (c) Issuance of guidelines.--The secretary may issue
23 nonbinding guidelines.
24 (d) Powers and duties provided by law.--The secretary shall
25 perform such duties and exercise such powers as are provided in
26 this title.
27 (e) Proceedings to enforce compliance.--When, in the
28 judgment of the secretary, compliance with the law or
29 regulations of the State board have not been effected, the
30 secretary may bring appropriate enforcement proceedings in the
19810H1300B2899 - 42 -
1 Commonwealth Court or in the appropriate court of common pleas,
2 as provided for by law, seeking such orders as may be necessary
3 and just to effect compliance.
4 (f) Inspections and reports.--The department shall inspect
5 and require reports of the educational work in the elementary
6 and secondary schools and institutions, wholly or partly
7 supported by the Commonwealth, which are not supervised by the
8 public school authorities. A copy of the report of any
9 inspection which may be made shall be sent to the head of the
10 institution.
11 (g) Fiscal agent of department.--The comptroller for the
12 department shall be the fiscal agent of the department and as
13 such shall calculate payments and disburse funds in accordance
14 with this title.
15 (h) Distribution of school laws.--The department shall
16 provide each member of every board of school directors in this
17 Commonwealth a copy of each new edition of the "Public School
18 Code" and related laws as soon as possible after publication.
19 The department shall also provide a copy of the most recent
20 edition of the "Public School Code" and related laws to every
21 newly appointed or elected school director as soon as possible
22 after such appointment or election.
23 (i) Restrictions on legislative matters.--The secretary
24 shall exercise no power over the State colleges and university
25 with regard to legislative matters.
26 § 703. Emergency powers.
27 Whenever a state of extreme emergency has been declared by
28 the Governor in accordance with the provisions of Part V of
29 Title 35 (relating to emergency management services), any board
30 of school directors whose district has been encompassed by such
19810H1300B2899 - 43 -
1 an order may request the secretary to suspend any provisions of
2 this title to the extent necessary to cope with the
3 circumstances of the emergency. Upon making a finding of the
4 need for such suspension, the secretary may suspend such
5 provisions effective immediately and inform the State Council of
6 Civil Defense of the action. A labor dispute involving school
7 district employees shall not constitute an emergency for the
8 purposes of this section.
9 § 704. Power to withhold financial aid.
10 (a) General rule.--When the department determines that a
11 school entity is not in compliance with any provision of this
12 title or with any regulation of the State board promulgated
13 thereunder, the department may withhold from such school entity
14 any or all of any appropriations, subsidies or other
15 Commonwealth moneys due that entity until such entity shall
16 comply. The amount withheld shall be reasonably related to the
17 appropriation for the specific category of violation and to the
18 degree of the noncompliance so as to secure compliance. Although
19 the department may begin to assess a withholding penalty upon <--
20 reaching a determination of noncompliance, no moneys may be <--
21 actually withheld MONEYS WITHHELD SHALL BE HELD IN ESCROW until <--
22 all of the district's administrative and judicial appellate
23 remedies have been exhausted or until the district's time for
24 taking an appeal has expired. Such withholding shall not operate <--
25 retroactively but shall begin on the date of final adjudication.
26 (b) Determination as an adjudication.--The determination to
27 withhold financial aid shall be considered an adjudication
28 within the meaning of Title 2 (relating to administrative law
29 and procedure) and all notices, hearings and appeals shall be
30 conducted in accordance therewith except to the extent the scope
19810H1300B2899 - 44 -
1 of review and disposition of appeal is provided in subsection
2 (c).
3 (c) Scope of review and disposition of appeal.--The scope of
4 review upon appeal from an adjudication pursuant to the
5 provisions of subsections (a) and (b) shall not be limited by
6 provisions pertaining to the scope of review or disposition of
7 appeals as set forth in Title 2 but shall permit the court to
8 hear the appeal de novo.
9 § 705. Departmental approval of plans.
10 (a) Time for action.--Where in this title the department is
11 required to approve plans it shall take action within 120 days
12 of the date of submission or the required filing date, whichever
13 is later. If action has not been taken within 120 days of such
14 date, approval shall be deemed granted.
15 (b) Statement of reasons for denial.--Where in this title
16 the department is required to approve plans and approval is
17 denied it shall state the reasons for denial of approval.
18 (c) Action as an adjudication.--The approval or denial of
19 approval of the department shall constitute an adjudication
20 within the meaning of Title 2 (relating to administrative law
21 and procedure) and all notices, hearings and appeals shall be
22 conducted in accordance therewith.
23 § 706. STUDENT ADVISORY BOARD. <--
24 (A) ESTABLISHMENT.--THERE IS HEREBY CREATED A STUDENT
25 ADVISORY BOARD COMPOSED OF REPRESENTATIVES ELECTED BY THE
26 MEMBERS OF EACH INTERMEDIATE UNIT STUDENT FORUM UNDER WHATEVER
27 PROCESS THE FORUM SEES FIT. THE RATIO OF REPRESENTATIVES ON THE
28 BOARD OF STUDENTS IN EACH INTERMEDIATE UNIT SHALL BE ONE FOR
29 EVERY 100,000 OR FRACTION THEREOF.
30 (B) TERM OF OFFICE.--THE TERM OF OFFICE FOR EACH
19810H1300B2899 - 45 -
1 REPRESENTATIVE SHALL BE ONE ACADEMIC YEAR.
2 (C) GRADE LEVEL.--EACH REPRESENTATIVE SHALL BE A MEMBER OF
3 GRADE 11 OR 12 OF A SECONDARY SCHOOL IN THIS COMMONWEALTH.
4 (D) POWERS AND DUTIES.--THE STUDENT ADVISORY BOARD SHALL
5 HAVE THE POWER AND ITS DUTY SHALL BE:
6 (1) TO ADVISE THE SECRETARY OF EDUCATION, THE STATE
7 BOARD OF EDUCATION, THE GOVERNOR AND THE GENERAL ASSEMBLY
8 CONCERNING MATTERS OF INTEREST TO STUDENTS OF SECONDARY
9 SCHOOLS OF PENNSYLVANIA.
10 (2) TO INFORM INTERMEDIATE UNIT FORUMS AND STUDENTS
11 CONCERNING BOARD ACTIVITIES.
12 (3) TO ADOPT RULES AND REGULATIONS AS MAY BE NECESSARY
13 TO CARRY OUT THE PURPOSES OF THE BOARD.
14 (E) MEETINGS.--THE BOARD SHALL MEET AT LEAST FOUR TIMES EACH
15 ACADEMIC YEAR.
16 (F) STAFF.--THE SECRETARY OF EDUCATION SHALL PROVIDE STAFF
17 AND SECRETARIAL SERVICES TO THE BOARD AND SHALL PAY THE COST OF
18 TRANSPORTING MEMBERS OF THE BOARD TO AND FROM THE MEETINGS OF
19 THE BOARD AND THE COST OF FOOD AND LODGING INCURRED INCIDENT TO
20 THE MEETINGS OF THE BOARD.
21 SUBCHAPTER B
22 FINANCIALLY DISTRESSED SCHOOL DISTRICTS
23 Sec.
24 711. Financially distressed district defined.
25 712. Appointment of special board of control.
26 713. Powers of special board of control.
27 714. Status of school directors.
28 715. Termination of financial distress of district.
29 § 711. Financially distressed district defined.
30 (a) General rule.--A school district shall be deemed to be
19810H1300B2899 - 46 -
1 financially distressed when any one of the following
2 circumstances shall arise and the secretary, after proper
3 investigation of the financial condition of the district, the
4 governing practices of the board and such other matters as the
5 secretary may deem pertinent, has issued a certificate declaring
6 such district to be financially distressed:
7 (1) The salaries of any teachers or other employees have
8 remained unpaid for a period of 90 days.
9 (2) The tuition due another school district or school
10 entity remains unpaid on and after January 1 of the year
11 following the fiscal year it was due and there is no dispute
12 regarding the validity or amount of the claim.
13 (3) Any amount due another school entity or political
14 subdivision under a cooperative agreement remains unpaid for
15 a period of 90 calendar days beyond the due date specified in
16 the agreement.
17 (4) The school district has defaulted in payment of its
18 bonds or interest on the bonds or in payment of rentals due
19 any authority for a period of 90 calendar days and no action
20 has been initiated within that period of time to make
21 payment.
22 (5) The school district has exceeded the limits on its
23 indebtedness as provided by law.
24 (6) The school district has accumulated and has operated
25 with a deficit equal to 2% or more of the assessed valuation
26 of the taxable real estate within the district for two
27 successive years.
28 (7) A new school district has been formed and one or
29 more of the former school districts which compose the new
30 school district was a financially distressed school district
19810H1300B2899 - 47 -
1 at the time of the formation of the new school district.
2 (b) Default in Commonwealth payments.--No school district
3 shall be deemed to be financially distressed by reason of any of
4 the above circumstances arising as a result of the failure of
5 the Commonwealth to make any payment of money due the district
6 at the time such payment is due.
7 § 712. Appointment of special board of control.
8 (a) General rule.--Whenever, on the basis of a proper
9 investigation as provided for in this subchapter, the secretary
10 has declared any school district to be a financially distressed
11 school district, the secretary or his designated representative,
12 who shall be a person trained in public school administration
13 possessing the certification prerequisites demanded of a
14 district or assistant superintendent or holding in the
15 department the rank of deputy secretary, shall petition the
16 court of common pleas of the county in which the district, or
17 the largest part in area is located, to appoint two citizens who
18 shall be qualified electors and taxpayers in the county in which
19 the school district is located. School directors and employees
20 of the school district shall be ineligible for appointment by
21 the court. The appointees, together with the secretary or his
22 designated representative, shall constitute a special board of
23 control. Vacancies occurring because of death or resignation of
24 appointed members of the board shall be filled by the court. The
25 special board of control shall continue in existence during the
26 period necessary to reestablish a sound financial structure in
27 the district. The costs of the court proceedings shall be paid
28 by the department.
29 (b) Failure of court to appoint board.--In the event that
30 the court of common pleas has made no appointment of members to
19810H1300B2899 - 48 -
1 a special board of control within 30 days of the date of the
2 filing of the petition for such appointment, the secretary may
3 designate the executive director of the intermediate unit in
4 which the financially distressed district is located, and a
5 member of that intermediate unit board, to serve until the court
6 makes the appointments. A school director of the financially
7 distressed school district serving on the intermediate unit
8 board of school directors shall be ineligible for appointment.
9 (c) Compensation of board.--The members of the special board
10 appointed by the court, or the member other than the
11 intermediate unit executive director appointed on a temporary
12 basis by the secretary, shall be paid $25 for each meeting of
13 the regular board of school directors of the financially
14 distressed school district which they attend plus actual
15 expenses incurred in the performance of their duties. Payment
16 shall be made from the funds of the school district and shall be
17 charged to administrative services even though no previous
18 provision has been made in the budget of the school district for
19 the expenses.
20 § 713. Powers of special board of control.
21 (a) General rule.--The special board of control shall
22 approve all actions of the board of school directors of the
23 financially distressed district. The board of school directors
24 of the financially distressed district shall remain in office
25 but shall have no power to act without the approval of the
26 special board of control. The special board of control shall
27 have power to require the board of directors within 60 days to
28 revise the district budget for the purpose of effecting such
29 economies as the special board deems necessary to improve the
30 district financial condition. To this end, the special board of
19810H1300B2899 - 49 -
1 control may require the board:
2 (1) To cancel or to renegotiate any contract to which
3 the board of school directors is a party, other than
4 employment contracts with professional employees and
5 auxiliary personnel including collective bargaining
6 agreements with school employees, if the cancellation or
7 renegotiation of the contracts will effect needed economies
8 in the operation of the schools of the district.
9 (2) To increase tax levies in such amounts and at such
10 times as is permitted by law.
11 (3) To appoint a special collector of delinquent taxes
12 for the district who need not be a resident of the school
13 district. The special tax collector shall exercise all the
14 rights and perform all the duties imposed by law on tax
15 collectors for school districts. The superseded tax collector
16 or collectors shall not be entitled to any commissions on the
17 taxes collected by the special collector of delinquent taxes.
18 (4) To direct the special school auditors of the
19 department or to appoint a competent independent public
20 accountant to audit the accounts of the financially
21 distressed school district.
22 (5) To dispense with the services of such auxiliary
23 employees as in the judgment of the special board are not
24 actually needed for the economical operation of the school
25 system.
26 (6) To furlough, in accordance with the provisions of
27 sections 5135 (relating to furlough of employee from staff
28 reduction) and 5136 (relating to criteria for furlough and
29 reinstatement), such number of professional employees as may
30 be necessary to maintain a student-teacher ratio of not less
19810H1300B2899 - 50 -
1 than 26 students per teacher for the combined elementary and
2 secondary school enrollments.
3 (b) Failure of school directors to perform duties.--In the
4 event that the board of school directors of a financially
5 distressed district shall fail or refuse to perform any duties
6 required of it by the special board of control, then the special
7 board of control shall have the power and is hereby authorized
8 to perform such duties as the special board deems necessary.
9 (c) Levy of additional taxes.--When the special board of
10 control determines that the financially distressed district is
11 in need of additional tax revenues, the special board of control
12 shall require the board of school directors of the financially
13 distressed district or, where the board of school directors does
14 not have the power to tax, the appropriate taxing authority to
15 levy an additional tax or taxes sufficient to liquidate the
16 indebtedness of the district. Present limitations on tax rates
17 imposed by law shall not apply to distressed school districts
18 during the period of financial distress.
19 § 714. Status of school directors.
20 (a) General rule.--The school directors of a financially
21 distressed district may not resign their offices except with the
22 unanimous consent of the special board of control and shall
23 continue in office for the remainder of their terms during the
24 time the district is operated by the special board of control
25 and shall perform any duties delegated to them by the special
26 board of control unless:
27 (1) they are removed from office for neglect of duty
28 under the provisions of section 2314 (relating to removal of
29 directors for neglect of duty) by the court of common pleas
30 of the county in which such district or the largest part in
19810H1300B2899 - 51 -
1 area is located; or
2 (2) any of the directors are elected to another position
3 for which there is a requirement that the director shall hold
4 no other elective office.
5 (b) Election or appointment of school directors.--The
6 existence of the special board of control shall in no way
7 interfere with the regular election, reelection, appointment or
8 reappointment of school directors for the district.
9 § 715. Termination of financial distress of district.
10 When the secretary or the special board of control determines
11 after proper investigation that the school district is no longer
12 financially distressed, the secretary or the special board may
13 present to the court of common pleas a petition certifying that
14 the district is no longer in financial distress. The court, upon
15 satisfaction of the financial soundness of the district, shall
16 enter an appropriate order terminating the special board of
17 control and returning the board of school directors to its
18 former position of full and rightful control and authority.
19 SUBPART C
20 NONPUBLIC AND PRIVATE SCHOOLS
21 Chapter
22 11. Nonpublic and Private Schools
23 CHAPTER 11
24 NONPUBLIC AND PRIVATE SCHOOLS
25 Subchapter
26 A. General Provisions
27 B. Regulated Private Schools
28 C. Private Driver Education and Training Schools
29 SUBCHAPTER A
30 GENERAL PROVISIONS
19810H1300B2899 - 52 -
1 Sec.
2 1101. Definitions.
3 1102. Auxiliary services to nonpublic school children.
4 1103. Educational aids for nonpublic school children.
5 1104. Speech and hearing defect services to nonpublic school
6 children.
7 1105. Psychological services to nonpublic school children.
8 1106. Visual services to nonpublic school children.
9 § 1101. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Agent" or "field representative." Any person, whether
14 employed by a private school or operating on his own behalf, or
15 whether acting on behalf of any private school located within or
16 outside of this Commonwealth who, for consideration, shall
17 personally procure or solicit any individual within this
18 Commonwealth to enroll in a private school.
19 "Appropriate authority." Either the State Board of Private
20 Academic Schools, the State Board of Private Business Schools,
21 the State Board of Private Trade Schools, the State Board of
22 Private Correspondence Schools or the department, depending on
23 which authority has administrative jurisdiction over the private
24 school in question.
25 "License year." The period from July 1 to the following June
26 30.
27 "Motor vehicle." A motor vehicle as defined in Title 75
28 (relating to vehicles).
29 "Private academic school." A private school maintained or
30 classes conducted for five or more students at one and the same
19810H1300B2899 - 53 -
1 time, or for 25 or more students during any school year, for the
2 purpose of educating an individual generally or specially or to
3 prepare an individual for more advanced study and includes all
4 schools engaged in such education but does not include colleges
5 or universities, or schools for the blind, hearing and speech
6 impaired receiving Commonwealth appropriations, or schools
7 accredited by accrediting associations approved by the
8 department, or any type of private school which is nonacademic
9 in character.
10 "Private business school." A private school maintained or
11 classes conducted for the purpose of preparing an individual to
12 pursue a recognized occupation in commercial pursuits and
13 business phases of other occupations for which graduation from a
14 degree granting institution of college grade is not required but
15 does not include junior colleges.
16 "Private correspondence school." A private school conducted
17 for the purpose of providing, by correspondence, systematic
18 instruction in any field or fields of study.
19 "Private driver education or training school." A private
20 school maintained, classes conducted or instruction offered by
21 any individual, association, partnership or corporation to
22 educate or train an individual or individuals, either
23 practically or theoretically or both, to operate or drive a
24 motor vehicle but does not include colleges or universities,
25 schools accredited by accrediting associations approved by the
26 department or schools licensed by the State Board of Private
27 Academic Schools.
28 "Private school." A private academic school, private
29 business school, private trade school, private correspondence
30 school or private driver education or training school privately
19810H1300B2899 - 54 -
1 owned and operated for the purpose of offering instruction for a
2 consideration, profit or tuition, but does not include schools
3 maintained or classes conducted by employers for their own
4 employees where no fee or tuition is charged, schools or classes
5 sponsored and operated by bona fide religious institutions or by
6 the Commonwealth or any political subdivision thereof.
7 "Private trade school." A school maintained or classes
8 conducted for the purpose of offering instruction to prepare an
9 individual to pursue a recognized profitable occupation in
10 skilled trades or industries or to give occupational training
11 but does not include any school maintained or class conducted
12 for training for the vocation of homemaking or to give training
13 in public and other service occupations or correspondence
14 schools, business schools, private academic schools, barber
15 schools, beauty culture schools, flight schools or degree
16 granting institutions.
17 § 1102. Auxiliary services to nonpublic school children.
18 (a) Declaration of policy.--The welfare of this Commonwealth
19 requires that the present and future generations of school age
20 children be assured ample opportunity to develop to the fullest
21 their intellectual capacities. It is the intent of the General
22 Assembly by this section to ensure that the intermediate units
23 in this Commonwealth shall furnish on an equal basis auxiliary
24 services to all students in this Commonwealth in both public and
25 nonprofit nonpublic schools.
26 (b) Definition.--As used in this section "auxiliary
27 services" means guidance, counseling and testing services;
28 psychological services; visual services as defined in section
29 1106 (relating to visual services to nonpublic school children);
30 services for exceptional children; remedial services; speech and
19810H1300B2899 - 55 -
1 hearing services; services for the improvement of the
2 educationally disadvantaged (such as, but not limited to,
3 teaching English as a second language); and such other secular,
4 neutral, non-ideological services as are of benefit to nonpublic
5 school children and are presently or hereafter provided for
6 public school children in this Commonwealth.
7 (c) Program of auxiliary services.--Students attending
8 nonpublic schools shall be furnished a program of auxiliary
9 services which are provided to public school students in the
10 school district in which their nonpublic school is located. The
11 program of auxiliary services shall be provided by the
12 intermediate unit in which the nonpublic school is located in
13 accordance with standards of the secretary. The services shall
14 be provided directly to the nonpublic school students by the
15 intermediate unit except that the services shall not be provided
16 in a church or in any facility under the control of a sectarian
17 school. The auxiliary services shall be provided directly by the
18 intermediate units and no auxiliary services presently provided
19 to public school students by the intermediate units or school
20 districts by means of State or local revenues during the school
21 year 1974-1975 shall be eliminated. No school districts may be
22 required to offer auxiliary services provided by any other
23 school districts within the intermediate unit.
24 (d) Allocation and payment of funds.--In July of 1977 and
25 annually thereafter in July, the department shall allocate to
26 each intermediate unit an amount equal to the number of
27 nonpublic school students as of October 1 of the preceding
28 school year who are enrolled in nonpublic schools within the
29 intermediate unit times $72. The department shall increase this
30 figure on a proportionate basis whenever there is an increase in
19810H1300B2899 - 56 -
1 the median actual instruction expense per WADM as defined in
2 section 2921 (relating to definitions). The Commonwealth shall
3 pay to each intermediate unit 15% of its allocation on August 1,
4 75% on October 1 and the remaining 10% on February 1.
5 (e) Limitations on use of funds.--The intermediate unit
6 shall not use more than 6% of the funds it receives for
7 administration or 18% for rental of facilities. The department
8 shall not use more than 1% of the funds it allocates under this
9 section for administrative expenses. If all funds allocated by
10 the intermediate units to administration or rental facilities
11 are not expended for those purposes, the funds may be used for
12 the program costs.
13 (f) Interest on funds.--There shall be no adjustment in the
14 allocation provided in subsection (d) because of interest earned
15 on the allocations by the intermediate units. Interest so earned
16 shall be used for the purposes of this section.
17 (g) Budgets and financial reports.--Annually, each
18 intermediate unit shall submit to the department a preliminary
19 budget on or before January 31 and a final budget on or before
20 June 15 for the succeeding year and shall file a final financial
21 report on or before October 31 for the preceding year.
22 § 1103. Educational aids for nonpublic school children.
23 (a) Declaration of policy.--The welfare of this Commonwealth
24 requires that the present and future generations of school age
25 children be assured ample opportunity to develop to the fullest
26 their intellectual capacities. To further this objective, the
27 Commonwealth provides, through tax funds of this Commonwealth,
28 textbooks and instructional materials free of charge to children
29 attending public schools within this Commonwealth. Approximately
30 one quarter of all children in this Commonwealth, in compliance
19810H1300B2899 - 57 -
1 with the compulsory attendance provisions of this title, attend
2 nonpublic schools. Although their parents are taxpayers of this
3 Commonwealth, these children do not receive textbooks or
4 instructional materials from the Commonwealth. It is the intent
5 of the General Assembly by this section to assure such a
6 distribution of such educational aids so that every school child
7 in this Commonwealth will equitably share in the benefits
8 thereof.
9 (b) Definitions.--As used in this section the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Instructional materials." Pre-prepared learning materials
13 which are secular, neutral and non-ideological in character and
14 are of benefit to the instruction of school children on an
15 individual basis and are presently or hereafter provided for
16 public school children in this Commonwealth.
17 "Textbooks." Books, reusable or nonreusable workbooks, or
18 manuals, whether bound or in looseleaf form, intended for use as
19 a principal source of study material for a given class or group
20 of students, a copy of which is expected to be available for the
21 individual use of each student in the class or group. The
22 textbooks shall be textbooks which are acceptable for use in any
23 public elementary or secondary school of this Commonwealth.
24 (c) Purchase and loan of instructional aids.--The
25 department, directly or through the intermediate units, shall
26 have the power and duty to purchase textbooks and instructional
27 materials and, upon individual request, to loan them to all
28 children residing in this Commonwealth who are enrolled in
29 grades kindergarten through 12 of a nonpublic school. The
30 textbooks and instructional materials shall be loaned free to
19810H1300B2899 - 58 -
1 the children subject to such rules and regulations as may be
2 prescribed by the State board, due regard being had to the
3 feasibility of making loans of particular instructional
4 materials on an individual basis.
5 (d) Limitation on amount of purchases.--The department shall
6 not be required to purchase or otherwise acquire textbooks
7 pursuant to this section, the total cost of which, in any school
8 year, exceeds an amount equal to $12 for the school year 1973-
9 1974, $15 for the school year beginning July 1, 1974 and $20 for
10 each school year thereafter or instructional materials, the
11 total cost of which, in any school year, exceeds an amount equal
12 to $10, multiplied by the number of children residing in this
13 Commonwealth who on October 1 of the school year immediately
14 preceding are enrolled in grades kindergarten through twelve of
15 a nonpublic school.
16 § 1104. Speech and hearing defect services to nonpublic school
17 children.
18 (a) Declaration of policy.--Defects in speech and hearing
19 are health-related. They are also the frequent cause of
20 emotional instability in children and are vitally connected to
21 behavior and to learning ability. Services to remedy these
22 defects can best be conducted upon the premises of the school
23 which the child regularly attends, and forcing children to go to
24 other premises in order to have such needed services is found by
25 the General Assembly to be both inadequate and harmful. The
26 General Assembly expressly finds and declares speech and hearing
27 correctional services to be health services, and it is the
28 intention of the General Assembly now to make these available,
29 on a general and even-handed basis, to all school children in
30 this Commonwealth.
19810H1300B2899 - 59 -
1 (b) Provision of services.--The department, directly or
2 through the intermediate units, out of their allocation under
3 section 1102 (relating to auxiliary services to nonpublic school
4 children) shall have the power and duty to furnish free to
5 nonpublic school students, upon the premises of the nonpublic
6 schools which they regularly attend, services adequate for the
7 diagnosis and correction of speech and hearing defects provided
8 that the services are also afforded to public school students by
9 the school district in which the nonpublic school is located.
10 § 1105. Psychological services to nonpublic school children.
11 (a) Declaration of policy.--It is today recognized that
12 diagnostic and evaluative psychological services to children are
13 closely related to their physical, mental and emotional health.
14 These services can best be rendered upon the premises of the
15 school which the child regularly attends and forcing children to
16 go to other premises in order to have these needed services is
17 found by the General Assembly to be both inadequate and harmful.
18 The General Assembly expressly finds and declares diagnostic and
19 evaluative psychological services for children to be health
20 services and it is the intention of the General Assembly now to
21 make these available, on a general and even-handed basis, to all
22 school children in this Commonwealth.
23 (b) Definition.--As used in this section "nonpublic school"
24 means any nonprofit school, other than a public school within
25 this Commonwealth, wherein a resident of this Commonwealth may
26 legally fulfill the compulsory school attendance requirements
27 and which meets the requirements of Title VI of the Federal
28 Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.).
29 (c) Provision of services.--The department directly, or
30 through the intermediate units out of their allocation under
19810H1300B2899 - 60 -
1 section 1102 (relating to auxiliary services to nonpublic school
2 children), may furnish free to nonpublic school students, upon
3 the premises of the nonpublic schools which they regularly
4 attend, psychological services provided these services are also
5 afforded to public school students by the public school district
6 in which the nonpublic school is located.
7 § 1106. Visual services to nonpublic school children.
8 (a) Declaration of policy.--Defects in vision are health-
9 related. It is today recognized that the diagnosis and
10 evaluation of those defects and the rendering of instruction in
11 skills appropriate for the education, safety and independence of
12 children afflicted by visual impairments are closely related to
13 their physical, mental and emotional health. Such services can
14 best be rendered upon the premises of the school which the child
15 regularly attends and forcing children to go to other premises
16 in order to have such needed services is found by the General
17 Assembly to be both inadequate and harmful. The General Assembly
18 expressly finds and declares diagnostic, evaluative and
19 instructional services for such children to be health services
20 and it is the intention of the General Assembly now to make
21 these available, on a general and even-handed basis, to all
22 school children in the Commonwealth.
23 (b) Definitions.--As used in this section the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Nonpublic school." Any nonprofit school, other than a
27 public school within this Commonwealth, wherein a resident of
28 this Commonwealth may legally fulfill the compulsory school
29 attendance requirements and which meets the requirements of
30 Title VI of the Federal Civil Rights Act of 1964 (42 U.S.C. §
19810H1300B2899 - 61 -
1 2000d et seq.).
2 "Visual services." Diagnostic, evaluative and instructional
3 visual services for children.
4 (c) Provision of services.--The department, directly or
5 through the intermediate units out of their allocation under
6 section 1102 (relating to auxiliary services to nonpublic school
7 children), may furnish free to nonpublic school students, upon
8 the premises of the nonpublic schools which they regularly
9 attend, services adequate for the diagnosis and evaluation of
10 visual defects and instruction and training in skills advisable
11 for the education, independence and safety of such children,
12 including but not limited to mobility training, provided that
13 such services are also afforded to public school students by the
14 public school district in which such nonpublic school is
15 located.
16 SUBCHAPTER B
17 REGULATED PRIVATE SCHOOLS
18 Sec.
19 1111. State boards of private schools.
20 1112. Jurisdiction of boards and department.
21 1113. Optional licensing of private schools.
22 1114. Mandatory licensing of private schools and agents.
23 1115. Application for license.
24 1116. Issuance and renewal of license.
25 1117. Scope of license.
26 1118. License fees.
27 1119. List of licensed schools and agents.
28 1120. Requirements for licensure and operation.
29 1121. Refusal, suspension or revocation of license.
30 1122. Penalties for violations of chapter.
19810H1300B2899 - 62 -
1 § 1111. State boards of private schools.
2 (a) Appointment of members.--The secretary shall appoint
3 members to each of the State boards of private schools for terms
4 of four years as follows:
5 (1) The State Board of Private Academic Schools shall
6 consist of seven members four or more of whom shall be active
7 in the private academic school field.
8 (2) The State Board of Private Business Schools shall
9 consist of seven members four or more of whom shall have
10 occupied executive or management positions in private
11 business schools in this Commonwealth.
12 (3) The State Board of Private Trade Schools shall
13 consist of seven members five or more of whom shall be active
14 in the private trade school field.
15 (4) The State Board of Private Correspondence Schools
16 shall consist of seven members.
17 (b) Quorum.--A majority of the members of each board shall
18 constitute a quorum.
19 (c) Chairman.--Each board shall, annually, select a chairman
20 from among its members.
21 (d) Secretary.--Each board shall have a secretary assigned
22 from the department staff who shall serve as the chief of
23 registration for the respective boards.
24 (e) Compensation and expenses.--The members of each board
25 shall be paid $30 per diem and necessary expenses when actively
26 engaged in the performance of their official duties.
27 Reimbursement for expenses shall not exceed the greater of the
28 following amounts:
29 (1) The sum of $40 per day for food and lodging and 15¢
30 per mile for travel by automobile.
19810H1300B2899 - 63 -
1 (2) Amounts for traveling expenses determined by the
2 Commissioner of Internal Revenue under the authority of
3 section 274 of the Internal Revenue Code of 1954 and
4 regulations promulgated thereunder as not requiring
5 substantiation by adequate records or other sufficient
6 evidence.
7 (f) Location of meetings and records.--The meetings of each
8 board shall be held and the proceedings of the meetings and the
9 records of each board shall be maintained in the City of
10 Harrisburg, Dauphin County, Pennsylvania.
11 (g) Department to issue documents.--All certificates and
12 other official documents of each board shall be issued by the
13 department.
14 § 1112. Jurisdiction of boards and department.
15 The power to adopt and enforce rules and regulations and to
16 promulgate standards of instruction for schools within their
17 jurisdiction shall be as follows:
18 (1) The State Board of Private Academic Schools shall
19 adopt and enforce rules and regulations regarding private
20 academic schools.
21 (2) The State Board of Private Business Schools shall
22 adopt and enforce rules and regulations regarding private
23 business schools.
24 (3) The State Board of Private Trade Schools shall adopt
25 and enforce rules and regulations regarding private trade
26 schools.
27 (4) The State Board of Private Correspondence Schools
28 shall adopt and enforce rules and regulations regarding
29 private correspondence schools.
30 (5) The department shall adopt and enforce standards
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1 regarding private driver education and training schools.
2 § 1113. Optional licensing of private schools.
3 All schools not otherwise required to obtain a license may
4 choose to apply for a license and, upon approval and issuance
5 thereof, shall be subject to the provisions of this chapter.
6 Such schools may voluntarily surrender their license and revert
7 to their original status.
8 § 1114. Mandatory licensing of private schools and agents.
9 (a) Operation of school.--No private school shall continue
10 in operation or be established within this Commonwealth unless
11 the school shall apply for and obtain from the appropriate
12 authority a license issued in the manner and form prescribed.
13 (b) Agent for new school in Commonwealth.--Within this
14 Commonwealth, no person or persons shall advertise in behalf of,
15 or solicit prospective students to enroll in, a private school
16 to be established within this Commonwealth prior to the
17 establishment of the school unless the person or persons shall
18 apply to the appropriate authority for a license in the manner
19 and form prescribed and shall receive from the appropriate
20 authority authorization to conduct such activities.
21 (c) Agent for new school outside Commonwealth.--Within this
22 Commonwealth, no person or persons shall solicit prospective
23 students to enroll in a school to be established outside this
24 Commonwealth prior to the establishment of the school unless the
25 person or persons shall apply for and obtain from the
26 appropriate authority an agent's license in the manner and form
27 prescribed.
28 (d) Agent for existing school.--No person or persons shall
29 solicit any prospective student within this Commonwealth to
30 enroll in a school located within or outside this Commonwealth
19810H1300B2899 - 65 -
1 unless the school has been approved by the appropriate authority
2 and unless the person or persons shall apply for and obtain from
3 the appropriate authority an agent's license in the manner and
4 form prescribed.
5 (e) Limitation on authority of agent.--No person holding an
6 agent's license shall solicit prospective students to enroll in
7 a school or class other than the one he is licensed to
8 represent.
9 § 1115. Application for license.
10 (a) General rule.--Before any license is issued to a private
11 school, a verified application shall be made, in writing, to the
12 appropriate authority on a form prepared and furnished by the
13 appropriate authority. The application shall require a statement
14 showing, where appropriate:
15 (1) The title or name and address of the school or
16 classes together with ownership and controlling officers
17 thereof.
18 (2) The general and specific fields of instruction which
19 will be offered and the purposes of such instruction.
20 (3) The place or places where instruction will be given.
21 (4) A specific listing of the equipment and staff
22 available for instruction in each field and, for the proper
23 administration of correspondence courses of study,
24 maintenance of adequate correction service.
25 (5) The maximum enrollment to be accommodated on
26 equipment and with staff available in each field.
27 (6) The qualifications of instructors and supervisors in
28 each field.
29 (7) Financial resources available to equip and maintain
30 the school, classes or service.
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1 (8) An agreement to abide by reasonable service and
2 business ethics prescribed by the appropriate authority.
3 (9) Such additional information as the appropriate
4 authority may deem necessary to enable it to determine the
5 adequacy of the program of instruction, the business
6 integrity and matters pertaining thereto.
7 (b) Surety bond.--At the discretion of the appropriate
8 authority, at any time it may designate, the private school
9 shall provide a surety bond in reasonable amount to the
10 Commonwealth conditioned for the protection of the contractual
11 rights of students.
12 § 1116. Issuance and renewal of license.
13 (a) Issuance.--The appropriate authority shall issue an
14 original license to the applicant if the appropriate authority
15 finds that the application and the school or classes or agent
16 for which a license is sought complies with the provisions of
17 this chapter and with the rules and regulations promulgated
18 under this chapter.
19 (b) Duration and renewal.--Each original license issued
20 shall be effective from the date of issue until July 1 following
21 the issuance of the original license and shall be renewed
22 annually thereafter on a form prepared and furnished by the
23 appropriate authority. Each license year is to continue from
24 July 1 to the following June 30, inclusive.
25 (c) License not transferable.--Each school shall have a
26 separate license which shall not be transferable.
27 § 1117. Scope of license.
28 (a) Schools.--Any license issued to a private school shall
29 be restricted to the fields or courses specifically indicated in
30 the application for a license. A licensed school shall present a
19810H1300B2899 - 67 -
1 supplementary application, as may be directed by the appropriate
2 authority, for approval of additional fields or courses in which
3 it is desired to offer instruction during the effective period
4 of the license.
5 (b) Agents.--Any license issued to an agent shall be
6 restricted to the school or schools specifically listed in the
7 application for a license. A licensed agent desiring to solicit
8 prospective students to enroll in schools other than those
9 specifically listed in any application for license shall present
10 a supplementary application, as may be directed by the
11 appropriate authority, for approval to solicit for such schools
12 or additional schools.
13 § 1118. License fees.
14 (a) General rule.--The fees for a license to operate private
15 schools or for an agent's license shall be as follows:
16 (1) The sum of $50 for each original application and $25
17 for each annual renewal application for private academic
18 schools, private business schools and private correspondence
19 schools.
20 (2) The sum of $200 for each original and each annual
21 renewal application for a private trade school. When an
22 application for a license is submitted after the beginning of
23 the seventh month of the license year, the license fee shall
24 be one-half the annual license fee.
25 (3) The sum of $10 for each teacher based on the highest
26 number of teachers estimated to be employed at any one time
27 during the license year for each original application to
28 conduct a private driver education and training school. If
29 the applicant uses or employs at any one time more teachers
30 than the number originally estimated, the applicant shall pay
19810H1300B2899 - 68 -
1 the additional fee due therefor at the time the applicant
2 applies for the next annual renewal. Each renewal application
3 shall be accompanied by a fee based on the highest number of
4 teachers used or employed at any one time during the license
5 year immediately preceding the year in which the renewal is
6 to be effective.
7 (4) The sum of $5 annually for agents.
8 (5) No fee for a supplementary application for approval
9 of additional fields or courses.
10 (b) Special license fund.--All private school and agent
11 license fees shall be placed in a special private school license
12 fund to be used to defray the costs of processing the licenses.
13 At the end of each fiscal year any surplus remaining in the
14 special fund shall be transferred to the General Fund. The
15 secretary shall request any additional appropriations necessary
16 to defray the costs of processing the licenses should the
17 special fund be inadequate for this purpose.
18 (c) Fee not refundable.--No license fee shall be refunded in
19 the event any license is suspended, revoked or denied.
20 § 1119. List of licensed schools and agents.
21 The appropriate authority shall maintain a list of schools
22 and agents licensed under their jurisdiction which shall be
23 available for the information of the public.
24 § 1120. Requirements for licensure and operation.
25 No private school may be granted a license or may be
26 permitted to continue to operate under a granted license unless:
27 (1) It shall permit the appropriate authority and its
28 representatives to inspect the school or classes and shall
29 make available to the appropriate authority at any time when
30 requested to do so full information pertaining to any or all
19810H1300B2899 - 69 -
1 items of information contained in the application form
2 provided.
3 (2) It shall prominently display the current approved
4 license where it may be inspected by students, visitors and
5 designated officials of the appropriate authority.
6 (3) The advertising and representations made by any
7 person representing the school or classes as an agent or
8 contractual agent to prospective students shall be free from
9 misrepresentation or fraud.
10 (i) A school shall not use any name, other than its
11 licensed name, for advertising or publicity purposes, nor
12 shall a school advertise or imply that it is
13 "supervised," "recommended," "endorsed," "accredited" or
14 "approved" by the secretary, the department, the State
15 board or any State board of private schools of the
16 Commonwealth.
17 (ii) A school shall not claim or imply that it is
18 endorsed by colleges, universities or other institutions
19 of higher learning, bus companies, trucking associations,
20 automobile clubs or taxi companies unless written
21 evidence of that fact is presented to the appropriate
22 authority by the endorsing college, university, bus
23 company, trucking association, automobile club or taxi
24 company.
25 (iii) A school shall not claim or imply that it will
26 guarantee admission to any educational institution,
27 employment upon completion of the course or the securing
28 of a license to drive an automobile.
29 (iv) A school shall not by means of "blind"
30 advertisements or advertisements in the "help wanted" or
19810H1300B2899 - 70 -
1 other employment columns of newspapers and other
2 publications solicit prospective students to enroll in
3 the school.
4 (4) The premises, equipment and conditions of the school
5 or classes shall be adequate, safe and sanitary in accordance
6 with such standards of the Commonwealth or any of its
7 political subdivisions as are applicable to such premises and
8 equipment.
9 § 1121. Refusal, suspension or revocation of license.
10 (a) General rule.--The appropriate authority shall have the
11 power to refuse to issue and the power to suspend or revoke a
12 license in any case where:
13 (1) The licensee has violated any of the provisions of
14 this chapter or any of the rules and regulations of the
15 appropriate authority.
16 (2) The applicant or licensee has knowingly presented to
17 the appropriate authority false, incomplete or misleading
18 information relating to licensure.
19 (3) The applicant or licensee has pleaded guilty,
20 entered a plea of nolo contendere or has been found guilty of
21 a crime involving moral turpitude by a judge or jury in any
22 State or Federal court.
23 (4) The applicant or licensee or any employee in a
24 school is addicted to the use of alcoholic liquors, morphine,
25 cocaine or other drugs having a similar effect, or is or
26 shall become mentally incompetent.
27 (5) The applicant or licensee has failed or refused to
28 permit the appropriate authority or their representatives to
29 inspect the school or classes or has failed or refused to
30 make available to the appropriate authority, at any time when
19810H1300B2899 - 71 -
1 requested to do so, full information pertaining to any or all
2 items of information contained in an application for license
3 or pertaining to the program of instruction and matters
4 relating thereto.
5 (6) The applicant has failed or refused to submit to the
6 appropriate authority an application for license or renewal
7 in the manner and form prescribed.
8 (7) A licensed school has failed or refused to display
9 the current approved license where it may be inspected by
10 students, visitors and designated officials of the
11 appropriate authority.
12 (8) A licensed agent has failed or refused to display or
13 produce his license when requested to do so by prospective
14 students or designated officials of the appropriate
15 authority.
16 (9) The applicant or licensee has failed to provide or
17 maintain premises, equipment or conditions which are
18 adequate, safe and sanitary in accordance with such standards
19 of the Commonwealth or any of its political subdivisions as
20 are applicable to the premises and equipment.
21 (10) The licensee has perpetrated or committed fraud or
22 deceit in advertising the school or classes or in presenting
23 to prospective students written or oral information relating
24 to the school or classes or to employment opportunities or to
25 opportunities for enrollment in institutions of higher
26 learning.
27 (11) The licensee is employing teachers, supervisors or
28 administrators who have not been approved by the appropriate
29 authority or agents who have not been licensed by the
30 appropriate authority.
19810H1300B2899 - 72 -
1 (12) The licensee has failed to provide and maintain
2 adequate premises, equipment, materials or supplies or has
3 exceeded the maximum enrollment for which the school or class
4 was licensed.
5 (13) The licensee has failed to provide and maintain
6 adequate standards of instruction or an adequate and
7 qualified administrative supervisory or teaching staff.
8 (14) The applicant or licensee is unable to provide and
9 maintain financial resources in sufficient amount to equip
10 and maintain adequately and effectively the school or
11 classes.
12 (15) The licensee has moved the school into new premises
13 or facilities or has altered or made additions to premises or
14 facilities before or without notifying the appropriate
15 authority of the change and before receiving from the
16 appropriate authority approval for the new premises or
17 facilities, alterations or additions.
18 (16) The licensee has offered training or instruction in
19 courses or subjects which have not been approved and
20 authorized by the appropriate authority.
21 (17) A licensed agent has solicited prospective students
22 to enroll in a school which has not been approved by the
23 appropriate authority and which is not listed on the license
24 issued by the appropriate authority.
25 (18) There was a change in the ownership of the school
26 without the approval of the appropriate authority.
27 (19) The school was operated or conducted under an
28 ownership constituency not approved by the appropriate
29 authority.
30 (b) Adjudicatory procedure.--The procedure to be followed in
19810H1300B2899 - 73 -
1 the refusal, suspension and revocation of licenses and in
2 appeals taken from such action shall be that prescribed by Title
3 2 (relating to administrative law and procedure).
4 § 1122. Penalties for violations of chapter.
5 Any person who violates or fails to comply with any of the
6 provisions of this chapter or any of the rules, regulations or
7 standards promulgated thereunder commits a misdemeanor of the
8 third degree. If the violation is by a corporation, partnership
9 or association, the officers and directors of the corporation or
10 the members of the partnership or association, its agents and
11 employees with guilty knowledge of the fact, shall also be
12 deemed to have committed a misdemeanor of the third degree and,
13 upon conviction thereof, shall be punished as provided by law.
14 SUBCHAPTER C
15 PRIVATE DRIVER EDUCATION AND TRAINING SCHOOLS
16 Sec.
17 1131. Location and construction of facilities.
18 1132. Qualifications of teachers and directors.
19 1133. Instructional equipment and materials.
20 1134. Program of instruction.
21 1135. Notice of fees and charges.
22 1136. Financial and student records.
23 1137. Qualifications and duties of agents.
24 1138. Ownership qualifications and changes.
25 § 1131. Location and construction of facilities.
26 (a) Location.--
27 (1) The situs of a driver training school, branch school
28 and practice driver training area shall be a distance of at
29 least 1,500 feet from any official examination point used by
30 the Pennsylvania State Police for examination of motor
19810H1300B2899 - 74 -
1 vehicle operators, which distance shall be measured along the
2 public streets by the nearest route from the school, branch
3 school or practice driver training area to the official
4 examination point.
5 (2) The outdoor area used during the first three hours
6 of practical instruction by persons who hold a learner's
7 permit shall be one which is reasonably free of pedestrian
8 and vehicular traffic and shall not include primary traffic
9 arteries, main highway routes or other thoroughfares that
10 carry large amounts of traffic.
11 (b) Construction.--In the case of a school where five or
12 more students are assembled as a group for theoretical
13 instruction in driver education:
14 (1) The premises, equipment and facilities of the school
15 shall be safe and sanitary.
16 (2) The provisions for the health, physical welfare and
17 safety of student personnel shall be those prescribed by the
18 government agencies having jurisdiction over such matters.
19 (3) The artificial lighting facilities shall provide a
20 minimum of 25-foot candles of illumination on the horizontal
21 surface of all indoor activity areas used for school
22 purposes.
23 (4) The heating facilities shall be sufficient to
24 provide for the maintenance of normal room temperatures in
25 all rooms occupied by students when the outside temperature
26 is less than normal room temperature. When the school does
27 not use mechanical ventilation, windows shall be used and
28 equipped for ventilating purposes.
29 (5) The premises, facilities and any alterations or
30 additions to the premises or facilities must be approved by
19810H1300B2899 - 75 -
1 the department before the premises or facilities may be used
2 for school purposes and before any alterations or additions
3 may be made.
4 § 1132. Qualifications of teachers and directors.
5 (a) General qualifications.--Every teacher in a school shall
6 be a citizen of the United States, at least 18 years of age and
7 a person of good moral character.
8 (b) Driver's license and experience.--Every teacher shall
9 have a valid motor vehicle driver's license issued by the
10 Commonwealth and shall submit documentary evidence of having
11 driven a minimum of 15,000 miles under all kinds of weather
12 conditions in both urban and rural areas.
13 (c) Driving record.--Every teacher shall maintain, during
14 any consecutive three year period, a driving record which does
15 not include more than one reportable accident, as defined in
16 Title 75 (relating to vehicles), resulting in a suspension or
17 revocation of his motor vehicle driver's license.
18 (d) Examination.--Every teacher shall pass:
19 (1) A written theoretical examination prepared and
20 administered by the Secretary of Education or such agency as
21 he may designate, and embracing subject matter pertinent to
22 the care, operation and use of a motor vehicle on the
23 highways and to general highway safety principles and
24 practices.
25 (2) A practical examination, prepared and administered
26 by the Secretary of Transportation, or such agency as he may
27 designate, for the purpose of testing a teacher's competency
28 and fitness in the operation of a motor vehicle.
29 (e) Certificate from physician.--Every teacher shall present
30 a certificate from a physician, legally qualified to practice
19810H1300B2899 - 76 -
1 medicine in this Commonwealth, setting forth that the teacher is
2 neither mentally nor physically disqualified by reason of
3 tuberculosis or any other chronic or acute physical defect from
4 performing the duties of a driver education teacher.
5 (f) Director or supervisor.--Every school that employs five
6 or more full-time teachers or an equivalent number of part-time
7 teachers shall designate a director who shall devote at least
8 one-half of his time to the performance of administrative and
9 supervisory duties. A director or supervisor of a school or
10 branch thereof shall meet the qualifications of a teacher as set
11 forth in this section and shall have had a minimum of two years
12 successful teaching experience in a private or public driver
13 training school or class.
14 § 1133. Instructional equipment and materials.
15 (a) Amount and type.--The amount and type of school
16 furniture, instructional equipment and instructional materials
17 shall be governed by the character and scope of the educational
18 program of the school, the number of students enrolled and the
19 objectives of the educational program of the school and shall
20 conform to generally accepted educational standards. The amount
21 and type of school furniture, instructional equipment and
22 materials shall not be required to exceed or to vary from that
23 which is generally used in connection with the programs of
24 driver education in public schools of like character and scope.
25 (b) Text and reference materials.--Every school shall
26 provide text, test and reference materials, including pamphlets
27 and visual aids, for the instruction in the theoretical and
28 practical phases of driver training.
29 (c) Age and equipment of vehicles.--Every vehicle used for
30 practical driver training shall be a recent model not more than
19810H1300B2899 - 77 -
1 five years old with special equipment as follows: operable extra
2 brake pedal, and in the case of vehicles equipped with standard
3 transmission an operable extra clutch pedal, defroster and
4 heater in working order, rearview mirror placed on the inside of
5 the car in the vicinity of the cowl, two outside rearview
6 mirrors one on each side of the vehicle and cushions for the
7 proper seating of the students.
8 (d) Insurance on vehicles.--Every school shall provide
9 insurance coverage on all vehicles used for practical driver
10 training. The coverage shall include at least $50,000 - $100,000
11 public liability, $5,000 property damage and $2,000 medical.
12 § 1134. Program of instruction.
13 (a) General rule.--Driver training schools licensed under
14 this chapter shall make available both theoretical and practical
15 instruction.
16 (b) Theoretical instruction.--Theoretical instruction in
17 driver education shall include subject matter relating to rules
18 and regulations of the road, safe driving practices, pedestrian
19 safety care, mechanics of driving, types of automobile insurance
20 and the use of automobile safety devices.
21 (c) Practical instruction.--Practical instruction in driver
22 education shall include the demonstration of an actual
23 instruction in starting, stopping, shifting, turning, backing,
24 parking and steering in a training vehicle which shall meet the
25 standards of the department.
26 (d) Information on fees.--Driver training schools licensed
27 under this chapter shall publish a schedule or prospectus of
28 fees or charges for behind-the-wheel lessons, classroom lessons,
29 refresher lessons and all other fees or charges made by the
30 school. A copy of a prospectus setting forth this information
19810H1300B2899 - 78 -
1 shall be filed with the department.
2 § 1135. Notice of fees and charges.
3 Every school shall inform each student, prior to the time
4 instruction commences, of the character and amount of any and
5 all fees or charges made for enrollment or registration,
6 tuition, use of equipment, texts and reference materials,
7 supplies and any other service, equipment or materials provided
8 by the school.
9 § 1136. Financial and student records.
10 (a) Financial records.--Every school shall establish and
11 maintain complete, accurate and detailed financial records that
12 shall include data pertaining to assets, liabilities, sources
13 and amounts of income, and the character and amount of
14 expenditures. The records shall be kept current and available
15 for inspection during regular school hours by representatives of
16 the department.
17 (b) Student records.--Every school shall maintain adequate
18 records of individuals and each school shall maintain a
19 permanent cumulative record card for each student. The record
20 card shall indicate the number of clock hours of instruction
21 received by each student and shall contain information on
22 attendance, achievement test scores, personal characteristics,
23 health and other pertinent topics. The records shall be kept
24 current and available for inspection at all times during regular
25 school hours by representatives of the department.
26 § 1137. Qualifications and duties of agents.
27 (a) Qualifications of agent.--Each agent shall be a person
28 of good moral character and at least 18 years of age.
29 (b) Qualifications of school represented.--An agent's
30 license shall not be granted to an agent of a school which is
19810H1300B2899 - 79 -
1 located outside this Commonwealth unless the school maintains
2 educational standards and policies that are substantially
3 equivalent to those prescribed in this chapter for driver
4 training schools in this Commonwealth.
5 (c) Submission of information to department.--An agent
6 representing a school which is located outside this Commonwealth
7 shall submit to the department such information and data
8 pertaining to the school as the department may deem necessary
9 and require in order to validate any representation made in
10 behalf of the school by the agent. The department may require
11 the information and data to be certified by such educational
12 authorities of the other state as the department may designate.
13 (d) Display of license.--Each agent shall display or produce
14 his agent's license certificate when requested to do so by
15 prospective students or a representative of the department.
16 § 1138. Ownership qualifications and changes.
17 (a) Qualifications of owners and employees.--Each individual
18 proprietor of a school, each member of a partnership,
19 association or company that owns a school and each officer and
20 director of a corporation that owns a school, who is directly
21 connected with the conduct and operation of the educational
22 program, shall be a person of good moral character and at least
23 18 years of age. Such persons and any school employee thereof
24 shall not be addicted to the use of alcoholic liquors, morphine,
25 cocaine or other drugs having a similar effect and shall not be
26 mentally incompetent.
27 (b) Limitation in license.--A license shall be granted to
28 the owner of a particular school for the specific ownership
29 constituency and the specific school situs designated in the
30 application for a license.
19810H1300B2899 - 80 -
1 (c) Change in ownership or situs.--Any change in ownership
2 or in school situs must be approved by the department prior to
3 the date of the change. A change in ownership requires an
4 application for an original license, which application shall be
5 submitted to the department at least 30 days in advance of the
6 effective date of the change, and the school shall not be
7 conducted or operated under the new or different individual
8 proprietorship, partnership, association, company or corporation
9 until and unless an original license has been granted and issued
10 to the new or different ownership constituency.
11 PART II
12 BASIC EDUCATION
13 Subpart
14 A. Preliminary Provisions
15 B. School Entities
16 C. Fiscal Affairs and Taxation
17 D. School Programs
18 E. Students
19 F. Physical Plant and Construction
20 G. Personnel
21 SUBPART A
22 PRELIMINARY PROVISIONS
23 Chapter
24 21. General Provisions
25 CHAPTER 21
26 GENERAL PROVISIONS
27 Sec.
28 2101. Short title of part.
29 2102. Purposes of part.
30 2103. Definitions.
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1 2104. Oath for directors and commissioned personnel.
2 2105. Compensation of governing board members.
3 2106. Conflict of interest and additional compensation.
4 2107. Membership of governing boards in organizations.
5 § 2101. Short title of part.
6 This part shall be known and may be cited as the "Public
7 School Code."
8 § 2102. Purposes of part.
9 The general purposes of this part are:
10 (1) To provide for the maintenance and support of a
11 thorough and efficient system of public education to serve
12 the needs of this Commonwealth.
13 (2) To foster the intellectual, ethical, social,
14 aesthetic and physical growth and development of the citizens
15 of this Commonwealth.
16 (3) To provide a mechanism by which students may be
17 equipped with those analytical skills of reading, writing,
18 calculating and thinking which are needed to function
19 effectively, earn a living and become knowledgeable citizens
20 in our society.
21 (4) To broaden, expand and equalize the educational
22 opportunities available to citizens of every age, race,
23 religion, color, ancestry, national origin or sex and to
24 encourage them to take advantage of and complete a basic
25 educational program appropriate to their needs.
26 (5) To foster flexibility, effectiveness and excellence
27 throughout all the schools of this Commonwealth.
28 (6) To encourage use of modern techniques of
29 administration and management.
30 (7) To broaden the discretionary powers of boards of
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1 school directors to carry out their educational
2 responsibilities.
3 (8) To encourage the development of alternative
4 approaches to student learning.
5 (9) To promote community involvement and participation
6 by all segments of the public, including students, in the
7 educational life and affairs of the schools.
8 (10) To promote cooperation among school entities,
9 political subdivisions and governmental agencies.
10 (11) To provide a healthy and safe educational
11 environment.
12 (12) To provide for fair and proper procedures through
13 which the provisions of this part may be executed and
14 enforced.
15 § 2103. Definitions.
16 Subject to additional definitions contained in subsequent
17 provisions of this part which are applicable to specific
18 provisions of this part, the following words and phrases when
19 used in this part shall have the meanings given to them in this
20 section unless the context clearly indicates otherwise:
21 "Chief executive officer." The district superintendent, the
22 executive director for an intermediate unit and the chief
23 commissioned administrator for an area vocational-technical
24 school.
25 "Officer." The president, vice president, secretary,
26 assistant secretary, treasurer, assistant treasurer, president
27 pro tempore and secretary pro tempore of any governing board.
28 "Parent." Includes a legal guardian or a person in parental
29 relation.
30 "School funds." Funds belonging to or in the care, custody
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1 or control of any school entity.
2 § 2104. Oath for directors and commissioned personnel.
3 (a) General rule.--Before entering upon the duties of their
4 office, all school directors and commissioned personnel of any
5 school entity shall take and subscribe to the following oath or
6 affirmation, which may be administered by any person qualified
7 to administer an oath:
8 I do solemnly swear (or affirm) that I will support,
9 obey and defend the Constitution of the United
10 States and the Constitution of this Commonwealth, and
11 that I will discharge the duties of my office with
12 fidelity.
13 (b) Board president qualified to administer oaths.--The
14 president of a governing board shall be qualified to administer
15 oaths.
16 § 2105. Compensation of governing board members.
17 Any person elected or appointed as a member of any governing
18 board shall serve without pay except that such persons shall be
19 reimbursed for necessary expenses as provided in this part.
20 § 2106. Conflict of interest and additional compensation.
21 (a) Governing board members.--Except as otherwise provided
22 in this title, no member of any governing board shall, during
23 the term for which he was elected or appointed, as a private
24 person, be employed in any capacity by the school entity,
25 receive pay for any services rendered to the school entity or
26 engage in any business transaction with the school entity with
27 which the member is associated.
28 (b) School entity commissioned personnel and employees.--
29 Except as otherwise provided in this title, no commissioned
30 person, appointee or employee shall be employed in any other
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1 capacity by the school entity which conflicts with or prevents
2 the full and complete performance of his school duties to be
3 determined for professional employees in accordance with
4 sections 5134(c) (relating to ratings) and 5138 (relating to
5 causes for dismissal, suspension or demotion). No commissioned
6 person shall engage in the business or profession of teaching in
7 this Commonwealth unless it is done without any other
8 compensation than that paid to him as such commissioned person.
9 (c) Approved services by commissioned personnel.--
10 Commissioned personnel may receive compensation for services in
11 a summer school maintained by a college or university devoted to
12 the education of teachers or for services rendered evenings or
13 Saturdays if released for such services by the governing board
14 of the school entity where the personnel are employed.
15 (d) Notification of interest and approval of transaction.--
16 Any school director, officer, appointee or employee who receives
17 compensation from an individual, firm, partnership, corporation
18 or other entity doing business with or rendering service to the
19 school entity in a capacity where he can be financially
20 benefited in any way, shall notify the governing board and shall
21 have the interest noted in the minutes. The governing board
22 shall not authorize or approve any transaction in which such
23 person has a substantial or material financial interest. The
24 governing board may authorize and approve a transaction in which
25 such person has a nonmaterial interest by an affirmative vote of
26 a majority of all legally qualified board members, with the
27 interested school director refraining from discussing and voting
28 upon the contract.
29 (e) Liability for damages and removal.--Any person who shall
30 knowingly violate the provisions of this section shall be liable
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1 to the school entity upon his bond, if any, or personally, to
2 the extent of the damage shown to be sustained by the school
3 entity and to removal from office or employment.
4 (f) Penalty.--Any person willfully violating the provisions
5 of this section commits a misdemeanor of the third degree.
6 § 2107. Membership of governing boards in organizations.
7 (a) General rule.--The governing board of any school entity
8 may become a member of the Pennsylvania School Boards
9 Association, Inc. and any other organization or study group
10 which will aid it in exercising the powers and duties imposed or
11 conferred upon it by this title and may pay, out of the school
12 funds of the entity, any membership dues assessed by the
13 association, organization or study group. The dues shall be paid
14 by the treasurer of the school entity, in the usual manner, upon
15 presentation of an itemized, verified statement of the amount.
16 (b) Delegates to State convention or association.--The
17 governing body may appoint one or more of its members, its
18 nonmember secretary, if any, and its solicitor, if any, as
19 delegates to any State convention or association of school
20 directors to attend the meetings of the convention or
21 association and each delegate so attending shall be reimbursed
22 in accordance with section 3152 (relating to authorization of
23 travel and reimbursement of expenses).
24 SUBPART B
25 SCHOOL ENTITIES
26 Chapter
27 23. Boards of School Directors
28 25. School Districts
29 27. Intermediate Units
30 CHAPTER 23
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1 BOARDS OF SCHOOL DIRECTORS
2 Subchapter
3 A. General Provisions
4 B. Selection and Removal of Personnel
5 C. Selection of Directors
6 D. Organization of Board
7 E. Conduct of Business
8 SUBCHAPTER A
9 GENERAL PROVISIONS
10 Sec.
11 2301. Designation and powers of governing board.
12 2302. Policies, rules and regulations.
13 2303. Levy and collection of taxes.
14 2304. Joint action with other government agencies.
15 2305. Furnishing information to incoming directors.
16 § 2301. Designation and powers of governing board.
17 (a) Governing board of school districts.--The public school
18 districts of this Commonwealth shall be governed by a board of
19 school directors to be elected or appointed as provided in this
20 chapter.
21 (b) General powers and duties.--The board of school
22 directors in each school district is hereby granted such powers
23 and is charged with such duties as are necessary to establish,
24 maintain and govern a thorough and efficient system of education
25 as determined by the General Assembly to provide quality
26 education and equal educational opportunity for all students
27 within its jurisdiction who desire to attend the public schools.
28 Accordingly, the operation of each school district shall be
29 within the reasonable discretion of the board of school
30 directors except where that discretion is limited by law.
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1 § 2302. Policies, rules and regulations.
2 (a) General rule.--Within the limitations set forth in
3 section 2301 (relating to designation and powers of governing
4 board), the educational and operational policies of each school
5 district shall be determined by the board of school directors
6 with the advice of the district superintendent. The board shall
7 prescribe rules and regulations necessary for the conduct and
8 operation of the public schools in the district.
9 (b) School employees and appointees.--The board of school
10 directors may regulate the conduct of all school administrators,
11 teachers, other employees and appointees during the time they
12 are engaged in their duties to the district.
13 (c) Students and safety patrols.--The board of school
14 directors may regulate the conduct of students while attending
15 school and during the time spent in coming to and returning from
16 school including the organization of school safety patrols and,
17 with the permission of the parents, the appointment of students
18 as members thereof for the purpose of influencing and
19 encouraging the other students to refrain from crossing public
20 highways at points other than at regular crossings, and for the
21 purpose of directing students not to cross highways at times
22 when the presence of traffic would render crossing unsafe. No
23 safety patrol member shall be used for the purpose of directing
24 vehicular traffic or be stationed in that portion of the highway
25 intended for vehicular traffic. No liability shall attach either
26 to the school district or to any individual director,
27 superintendent, teacher or other school employee by virtue of
28 the organization, maintenance or operation of a school safety
29 patrol organized, maintained and operated under authority of
30 this subsection.
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1 (d) School activities and organizations.--
2 (1) The board of school directors shall prescribe and
3 enforce rules and regulations regarding:
4 (i) The management, supervision, control or
5 prohibition of exercises, athletics or games of any kind,
6 school publications, debating, forensic, dramatic,
7 musical and other activities related to the school
8 program, including raising and disbursing funds for any
9 or all of these purposes and for scholarships.
10 (ii) The organization, management, supervision,
11 control, financing or prohibition of organizations,
12 clubs, societies and groups of the members of any class
13 or school. The board may provide for the suspension,
14 dismissal or other reasonable penalty in the case of any
15 appointee, professional or other employee or student who
16 violates any of these rules or regulations.
17 (2) Any school or any class activity or organization
18 thereof, with the approval of the board, may affiliate with
19 any local, district, regional, State or national organization
20 whose purposes and activities are appropriate to and related
21 to the school program.
22 (3) The board may:
23 (i) Permit the use of school property, real or
24 personal, for the purpose of conducting any activity
25 related to the school program, or by any school or class
26 organization, club, society or group.
27 (ii) Authorize any school employee or employees to
28 manage, supervise and control the development and conduct
29 of any such activities.
30 (iii) Employ or assign any school employee to serve
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1 in any capacity in connection with any of such
2 activities.
3 (IV) PARTICIPATE IN A COMMUNITY EDUCATION PROCESS <--
4 WHEREBY INDIVIDUALS, COMMUNITY GROUPS, ORGANIZATIONS AND
5 GOVERNMENT AGENCIES COOPERATE TO PROVIDE EDUCATIONAL,
6 VOCATIONAL, RECREATIONAL, CULTURAL, SOCIAL, HEALTH AND
7 OTHER RELATED SERVICES TO MEET COMMUNITY NEEDS THROUGH
8 THE USE OF EDUCATIONAL AND OTHER COMMUNITY RESOURCES.
9 (4) Notwithstanding the use of school property or
10 personnel, it shall be lawful for any school or any class or
11 any organization, club, society or group thereof to raise,
12 expend or hold funds, including balances carried over from
13 year to year, in its own name and under its own management,
14 under the supervision of the principal or other professional
15 employee of the school district designated by the board. The
16 funds shall not be the funds of the school district but shall
17 remain the property of the respective school, class,
18 organization, club, society or group. The treasurer or
19 custodian of the funds shall furnish to the school district a
20 proper bond, in such amount and with such surety or sureties
21 as the board shall approve, conditioned upon the faithful
22 performance of his duties as treasurer or custodian. The
23 premium of the bond, if any, shall be paid from the fund or
24 funds secured thereby or from the funds of the school
25 district, at the discretion of the board. The treasurer or
26 custodian shall be required to maintain an accounting system
27 approved by the board, shall deposit the funds in a
28 depository approved by the board, shall submit a financial
29 statement to the board quarterly or oftener, at the direction
30 of the board, and shall submit the accounts to be audited in
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1 like manner as the accounts of the school district.
2 (5) All purchases of materials or supplies made by any
3 organization, club, society or group or by any school or
4 class in excess of $300 shall be made upon solicitation of
5 quotations or bids from three or more responsible
6 manufacturers of or dealers in the materials or supplies.
7 These purchases shall be made from the lowest responsible
8 bidder on the basis of price, quality and service.
9 (6) The board may appropriate any moneys of the district
10 for the payment of medical and hospital expenses incurred as
11 a result of participation in such athletic events or games or
12 the practice or preparation therefor, or in transportation to
13 or from such athletic events or games or the practice or
14 preparation therefor, and for the purchase of accident
15 insurance in connection with such participation and
16 transportation.
17 (7) A governing board of any school entity shall neither
18 require nor request a waiver of liability by parents as a
19 condition of a student being permitted to take part in school
20 activities and organizations.
21 § 2303. Levy and collection of taxes.
22 Except as otherwise provided by law, the board of school
23 directors in each school district is hereby vested with all the
24 necessary authority and power annually to levy and collect, in
25 the manner provided by law, the necessary taxes required to
26 carry out its responsibilities under this title.
27 § 2304. Joint action with other government agencies.
28 In order to better or more efficiently fulfill any of the
29 duties imposed upon it by this title or to better carry out the
30 powers granted to it by this title, any board of school
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1 directors may act jointly in any lawful manner with any other
2 school entity or with any other political subdivision or
3 Commonwealth agency.
4 § 2305. Furnishing information to incoming directors.
5 The board of school directors shall, through its proper
6 officers, furnish to the incoming members such information and
7 such detailed statements as may be necessary for them to carry
8 out their responsibilities under this title.
9 SUBCHAPTER B
10 SELECTION AND REMOVAL OF PERSONNEL
11 Sec.
12 2311. Appointments by governing board.
13 2312. Employment of professional and other employees.
14 2313. Removal of officers, employees and appointees.
15 2314. Removal of directors for neglect of duty.
16 § 2311. Appointments by governing board.
17 (a) General rule.--Each board of school directors may
18 appoint, as necessary, or shall appoint, as provided in this
19 chapter, the following:
20 (1) A solicitor.
21 (2) An assistant solicitor or solicitors.
22 (3) A school auditor.
23 (4) A tax collector or collectors except as otherwise
24 provided for by law.
25 (5) Such other appointees, clerks or staff persons as
26 the board may deem necessary for the proper functioning of
27 the board.
28 (b) Ineligibility of board members.--None of the persons
29 appointed under subsection (a) shall be members of the board.
30 (c) Duties and salaries.--The board shall define in
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1 accordance with law the duties and fix the salaries of each
2 person appointed under subsection (a).
3 (d) Bonds and insurance.--The board may require such bond
4 and insurance for any or all of the persons appointed under
5 subsection (a) as it shall deem necessary and appropriate in
6 accordance with sections 3182 (relating to bonding of officials
7 for performance of duties) and 3183 (relating to authorization
8 for insurance contracts).
9 § 2312. Employment of professional and other employees.
10 The board of school directors in each district shall employ
11 such qualified professional, commissioned and auxiliary
12 personnel and substitute employees as are necessary to keep the
13 public schools open and to effectively discharge the
14 responsibilities vested in the board under this title.
15 § 2313. Removal of officers, employees and appointees.
16 (a) General rule.--Except as otherwise provided in this
17 title, the board of school directors in any school district
18 shall, after giving due notice and the reasons for removal and
19 after a hearing if requested, have the right at any time to
20 remove any of its officers, employees or appointees for
21 incompetency, intemperance, neglect of duty, violation of any of
22 the school laws of this Commonwealth or other improper conduct.
23 (b) Surrender of property following removal.--Upon the
24 removal by the board of any officer, employee or appointee, the
25 officer, employee or appointee shall surrender and deliver to
26 the secretary of the board or other person designated by the
27 board any and all papers, property and effects of the school
28 district in his hands at the time of such removal.
29 § 2314. Removal of directors for neglect of duty.
30 (a) Petition for removal.--If any member of a board of
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1 school directors in any district either individually or
2 collectively refuses or neglects to perform any duty imposed
3 upon him under this title:
4 (1) one-tenth of 1% of the registered voters but in no
5 event less than ten resident taxpayers in the district may
6 present a petition in writing, verified by the oath or
7 affirmation of at least three of the resident taxpayers, to
8 the court of common pleas of the county in which the district
9 or the largest part in area is located, setting forth the
10 facts of the refusal or neglect of duty; or
11 (2) in the case of a distressed school district, as
12 defined in section 711 (relating to financially distressed
13 district defined), the special board of control may present a
14 petition in writing, verified by the oath or affirmation of
15 the Secretary of Education, to the court of common pleas of
16 the county in which the district or the largest part in area
17 is located, setting forth the facts of the refusal or neglect
18 of duty.
19 (b) Rule to show cause.--Upon receiving the petition, the
20 court shall grant a rule to show cause why the school director
21 or directors should not be removed from office, returnable in
22 not less than ten nor more than 20 days from the date of the
23 issuance of the rule. The school director or directors shall
24 have at least five days notice of the hearing to make the rule
25 final.
26 (c) Answer to rule and hearing.--On or before the return day
27 of the rule, the school director or directors, as the case may
28 be, either individually or jointly, shall file an answer in
29 writing under oath. If any material fact is denied, the court
30 shall hear the several parties on such matters as are contained
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1 in the petition.
2 (d) Decision of court.--If no answer to the petition is
3 filed or if, upon conclusion of the hearing, the court is of the
4 opinion that any duty imposed on the board of school directors
5 which is made mandatory upon them under this title has not been
6 performed or has been neglected, the court shall have the power
7 to remove any member of the board as it shall deem proper and
8 appoint other qualified persons to replace removed directors,
9 subject to the provisions of this title.
10 (e) Imposition of costs of proceedings.--The court shall
11 impose the costs of the proceedings upon the petitioners, the
12 school directors or the school district, or may apportion the
13 costs among them as it shall deem just and proper.
14 SUBCHAPTER C
15 SELECTION OF DIRECTORS
16 Sec.
17 2341. Method of appointment or election.
18 2342. Combined districts.
19 2343. School districts divided into electoral regions.
20 2344. Number and terms of directors.
21 2345. Ineligibility to office for malfeasance, nonfeasance
22 and misfeasance.
23 2346. Qualifications for office.
24 2347. Vacancies in office.
25 2348. Vacancy for failure to qualify or attend meetings.
26 § 2341. Method of appointment or election.
27 (a) Districts of the first class.--Appointment of school
28 board members in districts of the first class shall conform to
29 the provisions of the home rule charter adopted under the former
30 provisions of the act of August 9, 1963 (P.L.643, No.341), known
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1 as the "First Class City Public Education Home Rule Act," or
2 Subchapter C of Chapter 25 (relating to first class city home
3 rule districts), except that where an educational nominating
4 panel is used, it shall be subject to the provisions of section
5 105 (relating to public agency open meeting laws).
6 (b) Districts of the first class A.--Election of school
7 board members in districts of the first class A shall be by
8 popular vote as provided in section 2344(b) (relating to number
9 and terms of directors) except that members shall continue to be
10 appointed until the first elected board takes office as provided
11 in section 2344(b)(4) as follows: appointment of school board
12 members in districts of the first class A shall be made by the
13 court of common pleas of the county in which the district is
14 situated and shall be in conformity with the provisions of
15 section 2344(a). When making such appointments, the courts are
16 agencies taking formal action and shall act in accordance with
17 the act of July 19, 1974 (P.L.486, No.175), referred to as the
18 Public Agency Open Meeting Law.
19 (c) Districts of the second class.--Election of school board
20 members in districts of the second class shall be by popular
21 vote at municipal elections. Each qualified voter shall be
22 entitled to cast one vote for each school director to be elected
23 from that district or electoral region.
24 (d) Candidate for unexpired term.--A person who is a
25 candidate for election to fill an unexpired term shall not
26 simultaneously appear on the ballot as a candidate for election
27 to a full term.
28 § 2342. Combined districts.
29 (a) Selection of directors.--When two or more districts are
30 combined into one district the directors then in office in each
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1 component district shall, until the end of their respective
2 terms, be directors of the newly formed district. Vacancies
3 occurring in such incumbent positions shall not be filled except
4 where the membership falls below nine. Beginning with the terms
5 to be filled at the municipal election held in 1979 and each
6 odd-numbered year thereafter, the terms of school directors
7 elected shall be four years. Such school directors shall be
8 elected at large or by regions as provided in this subchapter.
9 The term of office of directors shall begin at the
10 organizational meeting following their election.
11 (b) Development of electoral region plan.--
12 (1) The interim operating committee or the board of
13 school directors may develop a plan to elect school directors
14 from regions or to elect some school directors at large and
15 some from regions. The plan may also be developed by the
16 resident electors of a school district as provided in this
17 subsection and shall have the same effect as one developed by
18 the board of school directors.
19 (2) Electors equal to at least 25% of the highest vote
20 cast for any school director in the last municipal election
21 may develop a plan to elect school directors from regions or
22 to elect some school directors from regions and some from the
23 school district at large. Plans proposed by electors shall be
24 subject to the same requirements as plans proposed by the
25 board of school directors.
26 (3) The plan for the division of the school district
27 shall conform to the provisions of section 2343 (relating to
28 school districts divided into electoral regions).
29 (c) Interim planning committee.--The incumbent school
30 directors may serve as the planning committee or may select from
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1 their membership a planning committee to prepare the budget and
2 perform the necessary administrative functions for the
3 establishment of the new district.
4 § 2343. School districts divided into electoral regions.
5 (a) Electoral districts in districts of the first class A.--
6 (1) In each school district of the first class A, a
7 School Director District Apportionment Commission shall be
8 constituted for the purpose of establishing an odd number not
9 less than seven nor more than 15 school director districts
10 within the first class A school district by assigning each
11 election district within the school district into one of the
12 school director districts. The commission shall select that
13 odd number of districts from seven to 15 which will best
14 provide for racial balance and proportional representation of
15 all segments of the population at the time of the
16 apportionment. The school director districts shall be
17 compact, contiguous and as nearly equal in population as
18 practicable.
19 (2) The commission shall consist of six members, two to
20 be appointed by the mayor of the most populous municipality
21 in the school district, three by the city council of such
22 municipality and one by the mayor of any other municipality
23 in the school district with the approval of the legislative
24 body thereof. The commission shall elect one of its members
25 chairman and shall act by a majority of its entire
26 membership. If any of the appointing authorities fails to
27 make any or all of the appointments within 15 days after the
28 effective date of this title, the appointment or appointments
29 shall be made by the court of common pleas.
30 (3) No later than 45 days after the commission has been
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1 duly certified, the commission shall file an apportionment
2 plan with the county board of elections to be submitted to
3 the voters of the district at the next primary election
4 occurring not less than 91 days after the plan is filed with
5 the county board and at which primary election the candidates
6 for members of the school board shall be nominated.
7 (4) Each year following the year in which the Federal
8 census data is officially reported, a School Director
9 District Reapportionment Commission shall be constituted in
10 like manner and with like composition as the initial School
11 Director District Apportionment Commission in this section
12 set forth. The commission shall file its plan no later than
13 45 days after either the commission has been duly certified
14 or the population data for the first class A school district
15 as determined by the Federal decennial census are available,
16 whichever is later.
17 (5) The school district shall appropriate sufficient
18 funds for the compensation and expenses of members and staff
19 appointed by the apportionment and reapportionment
20 commissions and other necessary expenses. The members of the
21 commissions shall be entitled to such compensation for their
22 services as the school district from time to time shall
23 determine but no part of the compensation shall be paid until
24 a plan is filed.
25 (6) If an apportionment or reapportionment plan is not
26 filed by the commission within the time prescribed by this
27 section, the court of common pleas of the county in which the
28 district is located shall immediately proceed on its own
29 motion to apportion or reapportion the school director
30 districts.
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1 (7) Any apportionment or reapportionment plan, filed by
2 any commission or prepared by the court of common pleas of
3 the county in which the district is located upon the failure
4 of the commission to act, shall be published by the county
5 board of elections once in at least one newspaper of general
6 circulation in the most populous municipality of the school
7 district, which publication shall contain a map of the school
8 district showing the complete apportionment or
9 reapportionment of the school director districts. The
10 publication shall also state the population of the school
11 director districts having the smallest and largest population
12 and the percentage variation of such districts from the
13 average population for such districts.
14 (8) The county board of elections shall place upon the
15 ballot to be submitted to the voters of each first class A
16 school district under the act of June 3, 1937 (P.L.1333,
17 No.320), known as the "Pennsylvania Election Code," the
18 following question:
19 Shall the apportionment plan submitted by the School
20 Director District Apportionment Commission for the
21 election of members of the board of public education
22 of the School District of (Name) be approved?
23 In the event the voters reject the apportionment plan, the
24 nomination of school directors under this section shall be
25 void and the present board shall continue. But a second
26 referendum, upon the petition of 15% of the registered voters
27 of the school district, may be held after two years from the
28 date of the first election.
29 (b) Optional electoral district plans.--The optional plan to
30 elect school directors from regions or to elect some school
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1 directors at large and some from regions described in section
2 2342 (relating to combined districts) shall be as follows:
3 (1) The boundaries of the regions shall be fixed and
4 established in such manner that the population of each region
5 shall be as nearly equal as possible and shall be compatible
6 with the boundaries of election districts. The plan for the
7 division of the school district shall be submitted for
8 approval to the court of common pleas. If approved by the
9 court, the prothonotary shall certify the regional boundaries
10 contained in the plan to the county board of elections. In
11 the event of any division, redivision, alteration, change or
12 consolidation of election districts which renders regional
13 boundaries incompatible with the boundaries of election
14 districts, a new plan shall be developed and submitted for
15 court approval in like manner. Any proposed change in an
16 approved plan, including abolition of regional
17 representation, shall be submitted for approval to the court
18 of common pleas by the board of school directors or by a
19 petition of the resident electors within the district. Where
20 a region plan is approved, school directors who reside in
21 each region shall be elected by and from each region. At all
22 times each region shall be represented by directors elected
23 or appointed from that region. Where a combination at large
24 and region plan is approved, all regions shall have an equal
25 number of school directors who reside in each region and who
26 shall be elected or appointed by and from each region. At all
27 times each region shall be represented by a director or
28 directors elected or appointed from that region. All plans
29 shall provide that three school directors shall be elected at
30 each municipal election. In a combination at large and region
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1 plan, the number of regions shall be three. In a region plan
2 not combining at large directors, the number of regions shall
3 be three or nine.
4 (2) In any case where the newly established school
5 district is situated in two or more counties, the plan for
6 regional representation shall be submitted for approval to
7 the court of common pleas of the county in which the largest
8 part in area of the land affected is situated, which court
9 shall have exclusive jurisdiction over the matter.
10 § 2344. Number and terms of directors.
11 (a) Districts of the first class.--In school districts of
12 the first class the number of directors on the Board of Public
13 Education and their terms of office shall be determined under
14 the provisions of the home rule charter adopted under the former
15 provisions of the act of August 9, 1963 (P.L.643, No.341), known
16 as the "First Class City Public Education Home Rule Act," or
17 Subchapter C of Chapter 25 (relating to first class city home
18 rule districts).
19 (b) Districts of the first class A.--
20 (1) In each school district of the first class A, the
21 school board shall be known as the "Board of Public
22 Education" and shall consist of an odd number of members not
23 less than seven nor more than 15 school directors, to be
24 elected by the qualified voters of the school district by
25 specified districts.
26 (2) There shall be a corresponding odd number not less
27 than seven nor more than 15 separate districts for each of
28 which only one candidate shall be elected. Each candidate
29 shall be nominated only for the specified district in which
30 he resides and each elected member shall represent only a
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1 specified district in which he resides, such districts to be
2 constituted as set forth in section 2343(a) (relating to
3 school districts divided into electoral regions).
4 (3) All elected members shall serve for a term of four
5 years except that the three, four, five, six or seven members
6 elected at the initial election in even-numbered school
7 director districts shall serve for two years. In the event
8 the first election occurs in an even-numbered year, the terms
9 of the initial members shall be increased by one year so that
10 future elections can be held in odd-numbered years.
11 (4) The terms of existing appointed board members shall
12 terminate on the first Monday of December in 1976 or in any
13 subsequent year in which the initial elected members are
14 elected at which time the terms of all members to be elected
15 as shall be deemed to begin. Thereafter the terms of all
16 elected members shall expire on the first Monday of December
17 in the year in which the length of term to which such members
18 shall have been elected has been served.
19 (5) Until the initial members are elected, the board
20 shall consist of 15 school directors whose terms of office
21 shall be six years. The terms of five of the members shall
22 expire on the second Monday of November of each odd-numbered
23 year. The court of common pleas of the county in which the
24 school district is situated shall, in October of every odd-
25 numbered year, appoint five members for terms of six years.
26 Their terms of office shall begin on the second Monday of
27 November next following their appointment.
28 (c) Districts of the second class.--In each school district
29 of the second class, there shall be a board of nine school
30 directors who, except as otherwise provided in this title, shall
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1 be elected at large for terms of four years.
2 § 2345. Ineligibility to office for malfeasance,
3 nonfeasance and misfeasance.
4 (a) Malfeasance.--Any person who has held any office or
5 position of trust or profit under the laws of the United States
6 or of this Commonwealth or in any political subdivision and has
7 been removed therefrom for any malfeasance in office shall not
8 be eligible to the office of school director.
9 (b) Nonfeasance and misfeasance.--Any person removed from
10 the office of school director for neglect of duty under section
11 2314 (relating to removal of directors for neglect of duty) or
12 removed under section 2313 (relating to removal of officers,
13 employees and appointees) shall not be eligible again as a
14 school director for the period of eight years from the date of
15 removal.
16 § 2346. Qualifications for office.
17 (a) General rule.--Any qualified elector of the school
18 district shall be eligible to the office of school director of
19 the school district if he has been a resident of the district
20 for at least one year prior to his election or appointment
21 except that any person holding any office or position of profit
22 under the government of any city of the first class, or any
23 elective office in any other political subdivision, shall not be
24 eligible to the office of school director.
25 (b) Eligibility of school entity or community college
26 employee.--A person employed in a school entity or community
27 college may serve as a board member in another school entity or
28 community college but a person employed by a school entity or
29 community college shall not be eligible to serve as a board
30 member for his employing school entity or community college.
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1 § 2347. Vacancies in office.
2 (a) Districts of the first class.--In case any vacancy
3 occurs in any board of school directors of the first class by
4 reason of death, resignation, removal from the district or
5 otherwise, it shall be filled in accordance with provisions of
6 the home rule charter adopted under the former provisions of the
7 act of August 9, 1963 (P.L.643, No.341), known as the "First
8 Class City Public Education Home Rule Act," or Subchapter C of
9 Chapter 25 (relating to first class city home rule districts).
10 (b) Districts of the first class A.--In school districts of
11 the first class A the mayor of the most populous municipality
12 contained in the school district shall fill any vacancy from the
13 same school director district in which the vacancy occurred
14 until the first Monday in December following the next municipal
15 primary occurring 120 days after the vacancy occurred. Until the
16 first elected board takes office, the vacancy shall be filled
17 for the unexpired term by the court of common pleas of the
18 county in which the school district is situated.
19 (c) Districts of the second class.--In school districts of
20 the second class, vacancies shall be filled as follows:
21 (1) The remaining members of the board of school
22 directors shall fill the vacancy within 30 days of its
23 occurrence. The person selected to fill the vacancy shall
24 hold his office, if the term thereof so long continues, until
25 the organizational meeting after the first municipal election
26 occurring more than 60 days after the appointment. At the
27 municipal election an eligible person shall be elected for
28 the remainder of the unexpired term. If, by reason of a tie
29 vote or otherwise, the vacancy shall not have been filled by
30 the board of school directors within 30 days after the
19810H1300B2899 - 105 -
1 vacancy occurred, the court of common pleas of the proper
2 county, upon the petition of ten or more resident taxpayers,
3 shall fill such vacancy by the appointment of a suitable
4 person, if the term of the vacant office so long continues,
5 until the organizational meeting after the first municipal
6 election occurring more than 60 days after the appointment.
7 At the municipal election an eligible person shall be elected
8 for the remainder of the unexpired term.
9 (2) If at any time vacancies exist or occur in the
10 membership of a majority of the members of a board of school
11 directors of a second class district, the court of common
12 pleas of the county in which such district or the largest
13 part in area thereof is located shall, after ten days from
14 the time the vacancies exist or occur, appoint qualified
15 persons who shall serve, if the terms thereof continue so
16 long, until the organizational meeting after the first
17 municipal election occurring more than 60 days after their
18 appointment at which election a board of school directors for
19 such district shall be elected for the remainder of the
20 respective unexpired terms.
21 (3) Whenever a vacancy of the entire membership of a
22 board of school directors in any school district of the
23 second class occurs, the superintendent of the district shall
24 carry on the business of the district in accordance with
25 provisions of the school laws of this Commonwealth, subject
26 to the supervision of the Secretary of Education, and may
27 continue in charge thereof until a board of school directors
28 has been appointed and has qualified.
29 (d) Temporary vacancy during military service.--When any
30 member of any board of school directors enlists or is inducted
19810H1300B2899 - 106 -
1 into the armed forces of the United States in time of war, a
2 temporary vacancy shall be declared which shall be filled by the
3 remaining members of the board or the court, as the case may be,
4 until the return of the member of the board from military
5 service or until the expiration of the term for which the member
6 shall have been elected, whichever first occurs.
7 § 2348. Vacancy for failure to qualify or attend meetings.
8 (a) Failure to qualify.--If any person elected or appointed
9 as school director, who has been notified of his election or
10 appointment, shall refuse or neglect to qualify as such director
11 within ten days next succeeding the beginning of his term of
12 office, the remaining members of the board, by a majority vote,
13 may declare his office as director vacant.
14 (b) Failure to attend meetings.--If any person having
15 qualified as a school director of a district and any qualified
16 school director who is a member of an intermediate unit board or
17 area vocational-technical school board shall neglect or refuse
18 to attend three successive regular meetings of the governing
19 board in question, unless prevented by sickness, necessary
20 absence from district or other pressing responsibilities, or if
21 in attendance at any meetings shall neglect or refuse to act in
22 his official capacity as a school director of the governing
23 board in question, the remaining members of the board in
24 question, by a majority vote, may declare his office as director
25 on that board vacant.
26 SUBCHAPTER D
27 ORGANIZATION OF BOARD
28 Sec.
29 2371. Enumeration of officers.
30 2372. President.
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1 2373. Vice president.
2 2374. Secretary.
3 2375. Assistant secretary.
4 2376. Business administrator.
5 2377. Treasurer.
6 2378. Corporation as treasurer.
7 2379. Assistant treasurer.
8 2380. President and secretary pro tempore.
9 2381. Organization meetings.
10 2382. First class city home rule districts.
11 § 2371. Enumeration of officers.
12 The officers of boards of school directors shall include a
13 president, vice president, secretary and treasurer and may
14 include an assistant secretary or secretaries, an assistant
15 treasurer or treasurers, a president pro tempore and a secretary
16 pro tempore.
17 § 2372. President.
18 (a) Duties.--The president shall be the presiding officer of
19 the board of school directors and as such shall:
20 (1) Preside at all meetings.
21 (2) Execute, when directed by the board, any and all
22 deeds, contracts, warrants to tax collectors, reports and
23 other papers pertaining to the business of the board and
24 requiring the signature of the president.
25 (3) Approve an order on the treasurer for the payment of
26 any bill or account approved by the board.
27 (4) Perform such other duties as the board may direct
28 and as pertain to the office of the president.
29 (b) Member of board.--The president shall be elected from
30 the membership of the board of school directors.
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1 § 2373. Vice president.
2 (a) Duties.--The vice president shall, in the absence or
3 disability of the president, perform the duties and exercise the
4 powers of the president.
5 (b) Member of board.--The vice president shall be elected
6 from the membership of the board of school directors.
7 § 2374. Secretary.
8 (a) Duties.--The secretary of the board of school directors
9 shall:
10 (1) Keep a correct and proper record of all the
11 proceedings of the board and prepare such reports as are
12 required by the provisions of this title.
13 (2) Attest and, if authorized by the board, execute on
14 its behalf all deeds, contracts, reports and other
15 instruments that are to be executed by the board.
16 (3) Furnish, whenever requested, any and all reports
17 concerning the affairs of the board of school directors on
18 such forms, and in such manner, as the State board or the
19 department may require.
20 (4) Be the custodian of the official minutes of the
21 board and the official seal of the school district and at the
22 expiration of his term turn the same over to his successor.
23 (5) Perform the duties of the school business
24 administrator as provided in section 2376 (relating to
25 business administrator) if the board does not designate a
26 school business administrator.
27 (6) Perform such other duties of the board as are
28 required by this title or as the board may direct.
29 (b) Member of board.--In school districts of the first class
30 and first class A, the secretary shall not be a member of the
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1 board of school directors. In school districts of the second
2 class, the secretary may be a member of the board of school
3 directors so long as he is not also the school business
4 administrator provided for in section 2376.
5 (c) Compensation.--The secretary of the board of school
6 directors may receive for services rendered such reasonable
7 compensation as the board shall fix.
8 § 2375. Assistant secretary.
9 The assistant secretary or secretaries shall assist the
10 secretary as requested and, in the absence or disability of the
11 secretary, shall perform the duties and exercise the powers of
12 the secretary.
13 § 2376. Business administrator.
14 (a) Duties.--The board of school directors may designate a
15 school business administrator after the board has requested from
16 the superintendent one or more recommendations of a person to
17 fill the position. The business administrator shall:
18 (1) Have general responsibility for all business aspects
19 of the school district subject to the rules and regulations
20 of the board.
21 (2) Prepare and sign an order on the treasurer for the
22 payment of bills on account legally approved by the board.
23 The business administrator may prepare and sign orders on the
24 treasurer for the payment of amounts owing under any
25 contracts which shall previously have been approved by the
26 board, and by the prompt payment of which the district will
27 receive a discount or other advantage, without first securing
28 the approval of the board.
29 (3) Perform such other duties of the board as directed
30 by the superintendent of schools.
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1 (b) Nonmember of board.--The school business administrator
2 shall not be a member of the board of school directors but may
3 be elected to the office of secretary and may be an employee of
4 the district with other responsibilities.
5 § 2377. Treasurer.
6 (a) Duties.--The treasurer shall:
7 (1) Receive and account for all Commonwealth
8 appropriations, district school taxes and other funds
9 belonging to the school district.
10 (2) Insure that all funds belonging to the school
11 district are deposited in the school depositories.
12 (3) Make payments on proper orders approved by the board
13 and signed by the president and the secretary.
14 (4) Cause to be kept complete and accurate accounts of
15 all financial transactions of the school district.
16 (5) Report monthly to the board on the amount of funds
17 received and disbursed during the month.
18 (6) Settle accounts of the treasurer annually with the
19 board for each fiscal year.
20 (7) Perform such other duties as the board may direct or
21 may be required by law.
22 (8) Pay promptly at the end of the term of office of
23 treasurer to the successor in office the balance of any and
24 all funds remaining in the school district accounts and
25 deliver to the successor all books, accounts and other
26 property of the school district in the possession of the
27 treasurer.
28 (b) City treasurer as treasurer.--In school districts of the
29 first class and first class A the board shall elect the
30 treasurer of the city constituting all or the greater part of
19810H1300B2899 - 111 -
1 the school district as the treasurer for the ensuing fiscal
2 year.
3 (c) Compensation.--The treasurer of the board of a first
4 class or first class A school district may receive for services
5 rendered such reasonable compensation as the board shall fix. In
6 school districts of the second class where board members serve
7 as the treasurer, such board member shall receive no
8 compensation except reimbursement for actual and necessary
9 expenses incurred in his activities as treasurer and as board
10 member.
11 § 2378. Corporation as treasurer.
12 The treasurer may be any corporation duly qualified and
13 legally authorized to transact a fiduciary business in this
14 Commonwealth.
15 § 2379. Assistant treasurer.
16 The assistant treasurer shall assist the treasurer as
17 requested and, in the absence or disability of the treasurer,
18 shall perform the duties and exercise the powers of the
19 treasurer.
20 § 2380. President and secretary pro tempore.
21 In the absence of both the president and vice president, or
22 of the secretary and the assistant secretary, the board of
23 school directors may elect a president pro tempore or secretary
24 pro tempore for such meeting only and the appointment of the
25 temporary officer shall be noted on the minutes of the meeting.
26 § 2381. Organization meetings.
27 (a) Organization.--The board of school directors in every
28 school district of this Commonwealth shall meet annually to
29 effect a permanent organization of the board of school
30 directors. Notwithstanding section 2391(b) (relating to quorum
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1 and voting), a plurality of the votes cast for election of
2 officers shall be sufficient for election.
3 (b) Districts of the first class.--In school districts of
4 the first class, the annual organization meeting shall be held
5 during December, at which meeting the directors shall elect a
6 president, vice president and secretary who shall begin their
7 terms immediately.
8 (c) Districts of the first class A.--In school districts of
9 the first class A, the annual organization meeting shall be held
10 annually on the first Monday of December, at which meeting the
11 directors shall elect a president, vice president and secretary
12 to serve until the first Monday in December of the ensuing
13 calendar year.
14 (d) Districts of the second class.--In school districts of
15 the second class, the school directors shall effect an
16 organization as follows:
17 (1) Each year, at the first meeting in December, the
18 board shall elect a president and a vice president to serve
19 until the first meeting in December of the ensuing calendar
20 year.
21 (2) Annually, during the month of May, the directors
22 shall elect a treasurer to serve for a term of one year
23 beginning July 1 following the election.
24 (3) Beginning in the year 1977 and every four years
25 thereafter during the month of May, the directors shall elect
26 a person to serve as secretary for a term of four years
27 beginning July 1 following the election.
28 (e) Filling vacancies.--Vacancies occurring in the offices
29 of president, vice president, secretary and treasurer shall be
30 filled for the unexpired term.
19810H1300B2899 - 113 -
1 (f) Holding two offices.--The same person shall not hold at
2 the same time more than one of the offices enumerated in this
3 section.
4 (g) Employees as officers.--No employee of the board of
5 school directors, except the secretary, treasurer, assistant
6 secretary and assistant treasurer, shall serve as an officer of
7 the board of school directors by which he is employed.
8 (h) Notice of meeting.--All members of the board of school
9 directors, including those persons newly elected or appointed to
10 the board, shall be given five days written notice by the
11 secretary of the board of the time and place of the organization
12 meeting.
13 (i) Organization of board.--If a quorum is present, the
14 meeting shall be organized as provided in this subsection. There
15 shall be elected from the holdover members a temporary
16 president. The secretary of the board shall serve as secretary
17 of the organization meeting. The certificates of election or
18 appointment of any new members and a list of legally qualified
19 directors shall be duly recorded. New members shall take and
20 subscribe to the oath of office as required by this part. After
21 the new members have been sworn, the temporary president shall
22 effect the permanent organization as provided in this section.
23 § 2382. First class city home rule districts.
24 To the extent that the provisions of this subchapter are
25 inconsistent with a home rule charter adopted for school
26 district in cities of the first class in accordance with the
27 former provisions of the act of August 9, 1963 (P.L.643,
28 No.341), known as the "First Class City Public Education Home
29 Rule Act," or Subchapter C of Chapter 25 (relating to first
30 class city home rule districts), the home rule charter shall
19810H1300B2899 - 114 -
1 govern.
2 SUBCHAPTER E
3 CONDUCT OF BUSINESS
4 Sec.
5 2391. Quorum and voting.
6 2392. Regular and special meetings.
7 § 2391. Quorum and voting.
8 (a) Quorum.--A quorum shall be necessary to conduct meetings
9 and transact school business.
10 (b) Voting.--An affirmative vote of a majority of all
11 legally qualified members of the board of school directors,
12 showing in the board minutes how each member voted, shall be
13 required to take action on all matters except as otherwise
14 provided in this title.
15 (c) Effect of noncompliance.--Failure to comply with the
16 provisions of this section shall render acts of the board of
17 school directors void and unenforceable.
18 § 2392. Regular and special meetings.
19 (a) Regular meetings.--The board of school directors shall
20 hold regular meetings at the times and places specified by the
21 board in order to carry out its responsibilities under this
22 title.
23 (b) Special meetings.--Special meetings of the board of
24 school directors may be called at any time by the president or
25 upon written request to the president by any three members of
26 the board. Should the president fail or refuse to act upon the
27 written request of three members, a special meeting may be
28 called at any time by a majority of the legally qualified
29 members of the board.
30 (c) Notice of meetings.--Members shall have reasonable
19810H1300B2899 - 115 -
1 notice of all special meetings and the board may adopt
2 reasonable rules directing the kind and length of notice of the
3 meetings of the board that shall be given to its members by the
4 secretary.
5 (d) Matters considered at special meetings.--No business
6 shall be transacted at any special meeting except that specified
7 in the call letter. Special meetings may be called for general
8 purposes.
9 (e) Time for public comment.--Every board of school
10 directors shall set aside time on the meeting agenda for public
11 comment. The boards may adopt regulations relating to placement
12 and duration of this public comment time period.
13 CHAPTER 25
14 SCHOOL DISTRICTS
15 Subchapter
16 A. General Provisions
17 B. Boundary Changes and Annexation
18 C. First Class City Home Rule Districts
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 2501. How constituted.
23 2502. Status and powers.
24 2503. Classification.
25 2504. Change of classification.
26 2505. Corporate seal.
27 § 2501. How constituted.
28 All school districts shall remain as now constituted until
29 changed as authorized by this title.
30 § 2502. Status and powers.
19810H1300B2899 - 116 -
1 (a) General rule.--The school districts in this Commonwealth
2 shall be, and hereby are vested as, bodies corporate with all
3 necessary powers to enable them to carry out the provisions of
4 this title.
5 (b) Suits and service of process.--Each school district
6 shall have the right to sue and be sued in its corporate name.
7 Legal process against any school district shall be served on the
8 president or secretary of the board of school directors.
9 § 2503. Classification.
10 There shall be three classes of school districts according to
11 population as follows:
12 (1) Each school district having a population of
13 1,000,000 or more shall be a school district of the first
14 class.
15 (2) Each school district having a population of 350,000
16 or more but less than 1,000,000 shall be a school district of
17 the first class A.
18 (3) Each school district having a population of less
19 than 350,000 shall be a school district of the second class.
20 § 2504. Change of classification.
21 (a) General rule.--Whenever it shall appear that the
22 population of any school district is such that it should be
23 included in another class of school district, the department,
24 upon receiving the appropriate population data as the department
25 shall require, shall make the necessary change of classification
26 and issue a certificate to the school district notifying it of
27 the change in class.
28 (b) Effective date of change.--A change in classification of
29 a school district shall take effect upon the beginning of the
30 next fiscal year after the certificate has been issued under
19810H1300B2899 - 117 -
1 subsection (a).
2 § 2505. Corporate seal.
3 Each school district in this Commonwealth may, by a majority
4 vote of the members of the board of school directors of the
5 district, adopt a corporate seal for the use of the district.
6 The seal shall have engraved thereon the following: "School
7 District of (Name), Pennsylvania" or "(Name) School District of
8 Pennsylvania" and such other inscription or design as the board
9 of school directors may direct.
10 SUBCHAPTER B
11 BOUNDARY CHANGES AND ANNEXATION
12 Sec.
13 2531. Voluntary combination of school districts.
14 2532. Adjustment of property and obligations of combined
15 districts.
16 2533. Change of boundaries following municipal annexation.
17 2534. Fiscal powers pending change of boundaries.
18 2535. Temporary special tax levies in partitioned districts.
19 2536. Annexation to first class or first class A districts.
20 2537. Establishment of transfer districts.
21 2538. Adjustment of property and obligations of annexed
22 districts.
23 2539. Effective date of changes in districts.
24 § 2531. Voluntary combination of school districts.
25 (a) General rule.--Upon approval by a majority of the
26 membership of each board of school directors and upon approval
27 by the State board, any two or more contiguous school districts
28 may combine to create a larger school district.
29 (b) Referendum.--No combination shall be approved by the
30 State board unless it has been approved by the electors of each
19810H1300B2899 - 118 -
1 district by referendum. Referenda shall be held as provided by
2 law for the approval of incurring indebtedness by referendum.
3 § 2532. Adjustment of property and obligations of combined
4 districts.
5 (a) Property and indebtedness.--All real and personal
6 property, indebtedness and rental obligations to an approved
7 building authority or nonprofit corporation, if any, of former
8 school districts forming a new school district, shall become the
9 property, indebtedness and rental obligations of the newly
10 constituted school district. All rights of creditors against any
11 of the component former school districts shall be preserved
12 against the new school district. All property vested in the
13 component former school districts, all debts and taxes owing to
14 the component former school districts uncollected in the several
15 component former school districts, and all moneys in the
16 treasuries of the component former school districts shall be
17 paid to the treasurer of the newly constituted school district.
18 (b) Operating obligations.--All operating obligations of any
19 component former school district contracted for concurrent
20 operating expenses after June 30, 1966, shall continue to be an
21 obligation of the taxable property within the former component
22 school district. In levying and assessing taxes for the first
23 fiscal year of operation and for each subsequent fiscal year,
24 the board of school directors of the newly established school
25 districts shall levy and assess upon the taxable property within
26 the component former school district a tax in addition to all
27 other school district taxes in an amount sufficient to discharge
28 the obligation for operating expenses in a period of ten years.
29 § 2533. Change of boundaries following municipal annexation.
30 (a) Notice of annexation.--Whenever territory is annexed to
19810H1300B2899 - 119 -
1 any municipality comprising in whole or in part an existing
2 school district of the second class, a certified copy of the
3 order of annexation, agreement, ordinance or vote of the
4 electors effecting such annexation shall be forwarded within ten
5 days to the secretary. The document or documents shall be mailed
6 to the secretary by the prothonotary of the court granting the
7 decree or by any other proper officer.
8 (b) Boundary change application and hearing.--The receipt of
9 the certified copy shall be deemed an application for the change
10 in the boundaries of an existing school district and the
11 secretary shall, within 60 days thereafter, notify the school
12 districts which will be affected that an application has been
13 received and that a time and place for hearing the application
14 will be determined upon receipt of request from any district
15 affected. If no such request is filed within 30 days, the State
16 board may certify approval of the application without a hearing
17 if the boundaries of the affected school district or districts
18 were coextensive with the boundaries of the affected
19 municipalities before the annexation took place. If the
20 boundaries were not coextensive, the State board may disapprove
21 the application without a hearing. At the hearing, if one is
22 requested, the proper officials of or the counsel for the
23 districts shall present to the State board or its designated
24 representatives the reasons for approval or disapproval of the
25 application, and the State board shall then determine whether
26 such change in the boundaries of an existing school district is
27 desirable and whether the welfare of the students within the
28 territory affected thereby will be promoted by the change in the
29 boundaries of such existing district.
30 (c) Approval of application.--If the State board approves
19810H1300B2899 - 120 -
1 the application, it shall certify its findings and its approval
2 of the change in such existing district thereon and transmit a
3 certified copy of the approval to the clerk of the courts or
4 other proper officer from whom the application was received who
5 shall file the certification with the documents of the original
6 proceedings.
7 (d) Disapproval of application.--If, in the judgment of the
8 State board, the application should not be granted, it shall
9 endorse "Not Approved" on the application and transmit a
10 certified copy of the disapproval to the clerk of the courts or
11 other proper officer from whom the application was received, who
12 shall file the certification with the documents of the original
13 proceedings.
14 (e) Appeal from decision.--Appeals from the decision of the
15 State board shall be made in accordance with Title 2 (relating
16 to administrative law and procedure).
17 § 2534. Fiscal powers pending change of boundaries.
18 While proceedings are pending in court for the changing of
19 any boundary lines of any school district of the second class,
20 the board of school directors in every school district to be
21 affected by the change of boundary lines shall be permitted to
22 levy and assess a school tax and incur debts for the purpose of
23 purchasing ground or constructing or enlarging a school building
24 in the same manner as though the proceedings were not pending in
25 court for the changing of any boundary lines.
26 § 2535. Temporary special tax levies in partitioned districts.
27 When it is shown to the appropriate court of common pleas
28 that, by reason of the partition of any school district and the
29 apportionment of the debts of the original district, the debts
30 of the school district exceed the amount which the board of
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1 school directors may collect in any year by taxation, the court,
2 after ascertaining the amount of indebtedness of the school
3 district, may direct the board of school directors to collect by
4 special taxation an amount sufficient to pay the debts. If the
5 amount of indebtedness is so large as to render it inadvisable
6 to collect the taxes in any one year, taking into consideration
7 other necessary taxation, the court may direct the taxes to be
8 levied and collected by annual installments and may order the
9 special taxes to be levied and collected during such successive
10 years as may be required for the payment of the debts. The
11 special tax shall be subject to the same penalties for
12 nonpayment, and shall be computed and collected in the same
13 manner, as other taxes.
14 § 2536. Annexation to first class or first class A districts.
15 Whenever the territory comprising a school district of the
16 second class is annexed to a city comprising a school district
17 of the first class or of the first class A, the annexed school
18 district shall immediately become a part of the school district
19 of the first class or first class A.
20 § 2537. Establishment of transfer districts.
21 (a) Definitions.--As used in this section the following
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 "Contiguous territory." A geographic area adjacent to and
25 sharing a common boundary with one or more school districts
26 other than the one in which it is located.
27 "Transfer district." An independent district created for the
28 sole purpose of transferring a contiguous territory from one
29 existing school district to an adjacent school district using
30 procedures provided in this section.
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1 (b) Petition for establishment.--A majority of the eligible
2 voters of any contiguous territory may present a petition for
3 establishment of a transfer district to the State board. Where
4 the territory described in the petition is to be taken from two
5 or more school districts, the petition shall be signed by a
6 majority of all the eligible voters of the part of each school
7 district which is to be included in the transfer district. The
8 petition shall set forth a proper description of the boundaries
9 of the territory to be included in the proposed transfer
10 district together with the reasons for requesting the transfer
11 to another school district and shall include the name of the
12 school district into which transfer of the territory is desired.
13 (c) Hearing on petition.--Upon receipt of the petition
14 properly filed, the State board shall notify or cause to be
15 notified within ten days all school districts which would be
16 affected by the granting or denial of the petition that a
17 hearing will be held on the petition. An opportunity to be heard
18 shall be given to all affected parties in accordance with Title
19 2 (relating to administrative law and procedure).
20 (d) Approval of petition.--If, in the judgment of the State
21 board, the petition should be approved, the State board shall
22 issue an order establishing a transfer district. In the order,
23 the State board shall determine, after consultation with all
24 parties, the amount, if any, of the indebtedness and obligations
25 of the school district from whose territory the transfer
26 district is taken that the transfer district shall assume and
27 pay. The State board shall prorate the Commonwealth subsidies
28 payable between or among the losing district or districts and
29 the receiving district and shall determine the disposal of all
30 real and personal property. A transfer district created under
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1 the provisions of this section shall not become an operating
2 school district but is created for transfer of territory only.
3 If the petition is approved, the State board shall assign the
4 transfer district to the designated school district.
5 (e) Costs of proceedings.--In all cases where the
6 proceedings result in the transfer, the cost of the proceedings
7 shall be paid by the petitioners or by the receiving district.
8 (f) Appeal from decision.--Appeals from the decision of the
9 State board shall be made in accordance with Title 2.
10 § 2538. Adjustment of property and obligations of annexed
11 districts.
12 (a) Amicable adjustment.--In any case where land annexed to
13 one school district is made a part of the district in which it
14 is located, the school districts to which land has been annexed
15 or from which land has been taken shall make a just and proper
16 adjustment and apportionment of all school property, real and
17 personal, including funds, as well as indebtedness, and rental
18 obligations to an approved school building authority, if any, to
19 and among the school districts. The adjustment and apportionment
20 shall take effect at the beginning of the fiscal year following
21 approval by the State board of the change of boundaries for
22 school purposes.
23 (b) Adjustment by court upon petition.--In case the boards
24 of school directors of the several school districts cannot make
25 amicable apportionment and adjustment of their property,
26 indebtedness and rental obligations to an approved school
27 building authority, before or during the first fiscal year
28 beginning after any change in their boundary lines is made, any
29 one of the school districts may, at any time within the
30 succeeding fiscal year, present its petition to the court of
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1 common pleas of the county in which the school district is
2 located. The court shall appoint a review board of three
3 disinterested resident taxpayers of the county, who shall not
4 reside in either of the districts whose boundary lines are
5 changed. The review board, after a hearing, shall make a report
6 to the court making an apportionment and adjustment according to
7 the provisions of this section. The report shall state the
8 amount, if any, that shall be due and payable from one district
9 to another, as well as the amount of indebtedness, including
10 rental obligations to an approved school building authority, if
11 any, that shall be assumed by any district. Due notice of the
12 hearing shall be given to the several districts interested as
13 the court may direct. The review board shall give the several
14 districts interested at least five days notice of the filing of
15 the report. Unless exceptions are filed to the report by any
16 district interested within 30 days after the date of filing, the
17 report shall be confirmed by the court absolutely. Any sum
18 awarded or debt apportioned by the report to any school district
19 shall be a legal and valid claim in its favor against the school
20 district charged therewith. Upon the report of the review board
21 being confirmed, the claims or indebtedness charged against any
22 school district may be collected in the same manner as a
23 judgment is collected against a school district. In case
24 exceptions are filed to the report of the review board, the
25 court shall dispose of the same, taking any testimony therein it
26 deems advisable. The decision of the court thereon shall be
27 final and binding on the several districts.
28 (c) Costs of proceedings.--The review board shall be paid
29 all necessary expenses and receive such fees as the court
30 determines. All costs and expenses of the proceeding shall be
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1 apportioned by the court to and among the several school
2 districts as it shall deem proper.
3 (d) Adjustment by court in equity.--If the respective school
4 districts shall neglect or refuse to petition the court for the
5 appointment of a review board to secure an apportionment and
6 adjustment within the period of the second year, either of the
7 school districts or 10% of the eligible voters within either of
8 the school districts may file a complaint in equity at any time
9 within six years from the date of the change in boundary lines,
10 in the name of the school district or for the use of the school
11 district, against the other school district, in the court of
12 common pleas of the proper county, to have such indebtedness
13 apportioned and adjusted.
14 (e) Jurisdiction of court.--In cases in which the districts
15 are situated in two or more counties, the court of common pleas
16 of the county in which the largest part in area of the land
17 annexed to or taken from any district is situated shall have
18 exclusive jurisdiction over the matter. If the review board is
19 to be appointed, the court may appoint the review board from any
20 one or more of the counties.
21 § 2539. Effective date of changes in districts.
22 If any new school district is created by combination of
23 existing districts or if the boundary lines of any school
24 district are changed, the change, so far as it related to school
25 districts or school affairs, shall take effect at the beginning
26 of the first fiscal year after the new district has been created
27 or the change in boundary lines is permanently effected.
28 SUBCHAPTER C
29 FIRST CLASS CITY HOME RULE DISTRICTS
30 Sec.
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1 2551. Short title of subchapter.
2 2552. Definitions.
3 2553. Cities authorized to adopt home rule charters.
4 2554. Proceedings for appointment of charter commission.
5 2555. Examination and rejection of petitions.
6 2556. Objections in court to petitions.
7 2557. Appointment and organization of charter commission.
8 2558. Proposed charter provisions and ballot questions.
9 2559. Election on proposed charter provisions.
10 2560. Recording, filing and publication of charter provisions.
11 2561. Payment of expenses of proceedings.
12 2562. Status of approved charter provisions.
13 2563. Amendments to charter provisions.
14 2564. Limitations on frequency of proceedings.
15 2565. Powers and authority of city.
16 2566. Status and authority of home rule district.
17 2567. Penalties for violations of subchapter.
18 § 2551. Short title of subchapter.
19 This subchapter shall be known and may be cited as the "First
20 Class City Public Education Home Rule Act."
21 § 2552. Definitions.
22 The following words and phrases when used in this subchapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Charter provisions." Either those sections which shall be
26 added to an existing home rule charter or those sections which
27 comprise a separate home rule charter for public education of a
28 city without a previously existing home rule charter.
29 "City." A city of the first class.
30 "Commission." The commission authorized and appointed
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1 pursuant to this subchapter.
2 "Home rule school district." A school district designated as
3 provided in this subchapter and brought into existence through
4 the exercise of powers contained in this subchapter.
5 "School district." Any school district or school districts
6 in existence within a city at the time the city exercises the
7 powers under this subchapter.
8 § 2553. Cities authorized to adopt home rule charters.
9 Any city of the first class may frame and adopt charter
10 provisions governing the administration of a separate and
11 independent home rule school district as provided in this
12 subchapter.
13 § 2554. Proceedings for appointment of charter commission.
14 (a) General rule.--The city council of any city of the first
15 class by a two-thirds vote of its elected members may, or upon
16 petition presented to the city council and filed in the form
17 prescribed by the city council signed by not less than 20,000
18 registered electors of the city shall, without undue delay,
19 provide, by ordinance, for the appointment of a commission to
20 frame charter provisions and for giving public notice of the
21 passage of the ordinance.
22 (b) Signatures on petition.--Each elector signing the
23 petition shall add to his signature his occupation and residence
24 and the date of signing. Signatures to the petition may be on
25 separate sheets but each sheet shall have appended to it the
26 affidavit of some person not necessarily a signer and not
27 necessarily the same person as on other sheets that to the best
28 of affiant's knowledge and belief, the signers are registered
29 electors of the city, that they signed with full knowledge of
30 the contents of the petition and that their residences are
19810H1300B2899 - 128 -
1 correctly given.
2 (c) Filing and notice of ordinance.--The clerk of the city
3 council of the city shall file with the mayor of the city, the
4 secretary of the school district, the secretary of the board of
5 judges of the court or courts of common pleas located in the
6 city and the Secretary of the Commonwealth a copy of the
7 ordinance, certified by him, within the five days next following
8 its final passage, and shall also cause the public notice to be
9 given as provided in the ordinance.
10 § 2555. Examination and rejection of petitions.
11 (a) General rule.--When any petition is presented to the
12 city council of the city under the provisions of section 2554
13 (relating to proceedings for appointment of charter commission),
14 it shall be the duty of the clerk of the city council, with the
15 assistance and advice of the city solicitor or head of the
16 department of law of the city, to examine the petition. The
17 clerk of the city council shall be entitled to a reasonable time
18 in which to examine the petition and to summon and interrogate
19 the persons presenting the petition or any of the signers
20 thereof or any of the affiants to any of the appended or
21 accompanying affidavits and his retention of the petition for
22 the purpose of making the examination or interrogation shall not
23 be construed as the filing thereof.
24 (b) Rejection of petition.--Although not hereby required so
25 to do, the clerk of the city council may question the
26 genuineness of any signature or signatures appearing on the
27 petition and if he shall thereupon find that any signature or
28 signatures are not genuine, the signature or signatures shall be
29 disregarded by him in determining whether the petition contains
30 a sufficient number of signatures, as required by this
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1 subchapter. The invalidity of any sheet of a petition shall not
2 affect the validity of the petition if a sufficient petition
3 remains after eliminating the invalid sheet. No petition shall
4 be permitted to be filed if it:
5 (1) contains material errors or defects apparent on the
6 face thereof or on the face of the appended or accompanying
7 affidavits;
8 (2) contains material errors made after signing without
9 the consent of the signers; or
10 (3) does not contain a sufficient number of genuine
11 signatures as required by this subchapter.
12 (c) Judicial review.--The action of the clerk of the city
13 council in rejecting and refusing to file any petition may be
14 reviewed by the court or courts of common pleas located in the
15 city, in an action of mandamus to compel its reception, as of
16 the tenth day next following the day it was presented to the
17 city council. Unless the complaint in mandamus shall be made and
18 filed in the court of common pleas within ten days after the
19 refusal of the clerk of city council to file the petition, the
20 court shall be without jurisdiction to entertain or consider any
21 action in mandamus or any other proceeding to compel the filing
22 of the petition.
23 § 2556. Objections in court to petitions.
24 (a) Filing and service.--Any petition presented to the city
25 council of the city under or pursuant to the provisions of
26 section 2554 (relating to proceedings for appointment of charter
27 commission) and if filed as provided in section 2555 (relating
28 to examination and rejection of petitions) shall be deemed to be
29 valid unless, within seven days after the filing of the
30 petition, a petition is presented to the court of common pleas
19810H1300B2899 - 130 -
1 of the proper county by not less than 100 registered electors of
2 the city specifically setting forth the objections thereto and
3 praying that the petition be set aside. A copy of the petition
4 presented to the court of common pleas shall, within said
5 period, be served on the clerk of the city council of the city.
6 (b) Notice and hearing.--Upon the presentation of a
7 petition, the court shall make an order fixing the time for
8 hearing, which shall not be later than ten days after the
9 presentation of the petition to the court, and specifying the
10 time and manner of notice, by public advertising or otherwise,
11 that shall be given of the hearing. On the day fixed for the
12 hearing, the court shall proceed, without delay, to hear the
13 objections and shall give the hearing precedence over any other
14 business before it, and shall finally determine the matter not
15 later than 15 days after the last day for presentation of the
16 petition to the court.
17 (c) Disposition of petition.--If the court shall find that
18 the petition is defective under the provisions of section 2555,
19 or does not contain a sufficient number of genuine signatures of
20 registered electors entitled to sign the petition under the
21 provisions of this subchapter, it shall be set aside. If the
22 objections relate to material errors or defects apparent on the
23 face of the petition or on the face of the accompanying or
24 appended affidavits, the court after hearing may, in its
25 discretion, permit amendments within such time and upon such
26 terms as to payment of costs as the said court may specify.
27 (d) Payment of costs of proceedings.--In case the petition
28 is dismissed, the court shall make such order as to the payment
29 of the costs of the proceeding, including witness fees, as it
30 shall deem just.
19810H1300B2899 - 131 -
1 § 2557. Appointment and organization of charter commission.
2 (a) Appointment.--Within 30 days after the final passage of
3 the ordinance, the mayor of the city, the board of judges of the
4 court or courts of common pleas located in the city and the
5 Governor of the Commonwealth shall appoint a commission
6 consisting of nine registered electors of the city, three of
7 whom shall be appointed by the mayor, three by the board of
8 judges of the court or courts of common pleas located in the
9 city and three by the Governor of this Commonwealth.
10 (b) Vacancies.--Any vacancy in the membership of the
11 commission caused by death, resignation, removal from the city
12 or otherwise shall be filled by the remaining members of the
13 commission by appointing as a member of the commission a
14 registered elector of the city.
15 (c) Organization and meetings.--The mayor of the city shall
16 call the first meeting of the members of the commission so
17 appointed within 30 days after their appointment, to be held at
18 a time and place fixed by him in his call, and at the meeting
19 the commission shall organize by selecting from their number a
20 chairman and a secretary, adopt rules to govern its proceedings
21 and proceed to discharge the duties set forth in this
22 subchapter. All meetings of the commission shall be open to the
23 public subject to the provisions of the act of July 19, 1974
24 (P.L.486, No.175), referred to as the Public Agency Open Meeting
25 Law. All actions of the commission shall be by a majority vote
26 of all members.
27 § 2558. Proposed charter provisions and ballot questions.
28 (a) Filing and printing.--The charter provisions proposed by
29 the commission for submission to the qualified electors of the
30 city for their approval or disapproval shall be filed with the
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1 city council which shall thereupon cause the proposal or
2 proposals, together with the form of the question or questions,
3 to be printed in pamphlet form in sufficient number for general
4 distribution.
5 (b) Distribution and publication.--The pamphlets shall be
6 made ready for distribution at least 28 days before the election
7 at which the proposals are to be voted upon the electors and the
8 proposals, together with the ballot questions, shall also be
9 published once a week for three weeks in at least two newspapers
10 of general circulation in the weeks immediately preceding the
11 election at which the vote is to be taken upon the proposals.
12 (c) Framing ballot questions.--Each ballot question shall be
13 framed in brief form of not more than 75 words by the
14 commission. The commission may require that the proposed charter
15 provisions be submitted in two or more parts, and may also
16 submit alternative charter provisions to supersede designated
17 portions of the proposed charter provisions, if adopted. In such
18 case, the commission shall prescribe the form of questions in
19 such a manner as will clearly indicate the effect of the
20 approval of such questions.
21 (d) Certification to board of elections.--The clerk of the
22 city council shall, within five days after the filing of the
23 charter provisions proposed by the commission, certify an exact
24 copy of the text of the charter provisions, together with the
25 necessary ballot questions, to the board of elections in the
26 county wherein the city is situate. The board of elections shall
27 cause the ballot questions to be properly printed on the ballots
28 or ballot labels.
29 § 2559. Election on proposed charter provisions.
30 (a) Time of election.--The proposed charter provisions shall
19810H1300B2899 - 133 -
1 be submitted to the electors for approval or disapproval by the
2 use of the ballot questions at a special election occurring more
3 than 45 days after the proposed charter provisions are filed
4 with the city council of the city. The special election shall be
5 held on the day fixed and designated by the commission, which
6 day may be the day for holding any primary or regular November
7 election.
8 (b) Notice of election.--At least 30 days' notice of each
9 election shall be given by proclamation of the mayor of the
10 city. A copy of the proclamation shall be posted at each polling
11 place of the city on the day of the election and shall be
12 published in at least two newspapers of general circulation in
13 the city once a week for three consecutive weeks during the
14 period of 30 days prior to the election, which publications may
15 be included in the publication required to be made under the
16 provisions of section 2558 (relating to proposed charter
17 provisions and ballot questions).
18 (c) Conduct of elections and returns.--All elections shall
19 be conducted by the election officers for the city in accordance
20 with the act of June 3, 1937 (P.L.1333, No.320), known as the
21 "Pennsylvania Election Code." The election officers shall count
22 the votes cast and make return thereof to the board of
23 elections. The result of the election shall be computed by the
24 board of elections in the same manner as is provided by law for
25 computation of similar returns at any election. Certificates of
26 the result of the election shall be filed by the board of
27 elections with the city council of the city, with the secretary
28 of the board of public education of the school district and with
29 the Secretary of the Commonwealth.
30 § 2560. Recording, filing and publication of charter
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1 provisions.
2 The clerk of the city council of the city shall forthwith
3 cause the charter provisions, as approved by the qualified
4 electors, to be recorded in the ordinance book of the city. He
5 shall also file certified copies thereof in the office of the
6 Secretary of the Commonwealth, the secretary of the board of
7 public education of the school district and the Director of the
8 Legislative Reference Bureau, and the text thereof shall be
9 published in the Pennsylvania Code.
10 § 2561. Payment of expenses of proceedings.
11 The expenses of the charter commission and the cost of
12 publishing, distributing and advertising the proposal or
13 proposals of the commission or of the city council of the city
14 or of electors and the proclamations as required by section 2559
15 (relating to election on proposed charter provisions), and all
16 other expenses of the commission and of the city council
17 incurred in connection with any proceedings under this
18 subchapter, when not otherwise provided for by law, may be paid
19 from the city treasury as the city council of the city may
20 provide.
21 § 2562. Status of approved charter provisions.
22 (a) General rule.--Any charter provisions proposed, which
23 are approved by a majority of the qualified electors voting
24 thereon, shall become the organic law, or a part thereof, of the
25 city at such time as may be fixed therein and all courts shall
26 take judicial notice thereof.
27 (b) Existing laws.--So far as the charter provisions are
28 consistent with the grant of powers and the limitations,
29 restrictions and regulations prescribed in this subchapter, they
30 shall supersede all statutes, or parts of statutes, local,
19810H1300B2899 - 135 -
1 special or general, affecting the organization, government and
2 powers of the school district to the extent that they are
3 inconsistent or in conflict therewith. All existing statutes, or
4 parts of statutes, ordinances and resolutions affecting the
5 organization, government and powers of the school district, not
6 inconsistent or in conflict with the charter provisions so
7 adopted, shall remain in full force.
8 (c) Existing contracts.--No contract existing at the time of
9 the adoption of the charter provisions pursuant to this
10 subchapter shall be affected thereby, but the contract shall
11 have the same force and effect and be of the same validity as if
12 the charter provisions had not been adopted.
13 (d) Defect in proceedings.--No charter provisions, when
14 adopted by a majority vote of the qualified electors of any city
15 voting at any election, shall be declared invalid or be set
16 aside on account of any defect, error or omission in the
17 proceedings for the adoption of any such charter.
18 (e) Constitutional limitation.--Charter provisions adopted
19 or amended in accordance with this subchapter shall not be
20 inconsistent with the Constitution of the United States or of
21 this Commonwealth.
22 § 2563. Amendments to charter provisions.
23 Amendments to charter provisions adopted under this
24 subchapter shall be made in accordance with the procedures set
25 forth in the act of April 21, 1949 (P.L.665, No.155), known as
26 the "First Class City Home Rule Act."
27 § 2564. Limitations on frequency of proceedings.
28 (a) Proposed charter provisions.--No proposed charter
29 provisions shall be submitted to the qualified electors oftener
30 than once in every five years.
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1 (b) Appointment of commission.--No petition by registered
2 electors of the city for the appointment of a commission shall
3 be presented to the city council of the city if the city council
4 shall at the time already have provided, by ordinance, for the
5 appointment of the commission, or if a petition by registered
6 electors for the appointment of a commission shall then already
7 have been presented to the city council, until the expiration of
8 four years and six months next following the submission to the
9 qualified electors of the city for their approval or disapproval
10 of the charter provisions proposed by the commission, unless, in
11 the case of a petition by registered electors already presented,
12 the petition shall have been then rejected or set aside under
13 the provisions of section 2555 (relating to examination and
14 rejection of petitions) or 2556 (relating to objections in court
15 to petitions).
16 § 2565. Powers and authority of city.
17 (a) General rule.--Any city of the first class taking
18 advantage of this subchapter and framing and adopting provisions
19 hereunder shall have, and may exercise, the following enumerated
20 powers:
21 (1) The power to establish and create a separate and
22 independent home rule school district, to be named: "The
23 School District of (name of the city of the first class)."
24 (2) The power to provide for a board of education of the
25 home rule school district which shall be charged with the
26 administration, management and operation of the home rule
27 school district.
28 (3) The power to:
29 (i) Set the term, number and qualifications of board
30 of education members.
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1 (ii) Provide for the methods of nomination, to
2 include a citizens' nominating panel if deemed advisable.
3 (iii) Either to provide for a method of appointment
4 in case the power shall include the designation of the
5 appointing authority or to provide for a method of
6 election.
7 (b) Limitations.--Any city of the first class taking
8 advantage of this subchapter and framing and adopting provisions
9 hereunder shall not have powers and authority greater than those
10 express and implied powers granted by subsection (a). The powers
11 granted by subsection (a) shall not be construed to include:
12 (1) An assumption by the city of the debt of a school
13 district or home rule school district.
14 (2) A grant of authority to the city council of the city
15 of the first class to enact legislation regulating public
16 education or the administration thereof, except in respect to
17 the setting of maximum tax rates for school purposes as shall
18 be authorized by the General Assembly from time to time.
19 (3) A grant of authority to frame charter provisions
20 which contravene any statute applicable in every part of this
21 Commonwealth or applicable to all school districts of this
22 Commonwealth.
23 § 2566. Status and authority of home rule district.
24 (a) General rule.--A home rule school district established
25 under section 2565(a) (relating to powers and authority of city)
26 shall:
27 (1) Succeed directly the school district for all
28 purposes including, but not limited to, the receipt of all
29 grants, gifts, appropriations, subsidies or other payments;
30 the school district to continue its operation until the
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1 effective date of the charter provisions establishing the
2 home rule school district.
3 (2) Assume all assets, property, real and personal,
4 tangible and intangible, all easements and all evidences of
5 ownership, in part or in whole, and all records and other
6 evidences pertaining thereto.
7 (3) Assume all debt and other contractual obligations of
8 the school district, the long term debt to be issued, secured
9 and retired in the manner now provided by law.
10 (b) Bylaws, resolutions and regulations.--Any board of
11 education established pursuant to this subchapter may enact
12 bylaws, resolutions, rules and regulations necessary and proper
13 to carry into execution the powers under subsection (a) and all
14 other powers vested in the board of education under this title.
15 (c) Intergovernmental agreements.--The board of education
16 established pursuant to this subchapter may enter into
17 agreements including, but not limited to, joint tax collection,
18 joint purchasing of supplies, equipment and contractual
19 services, use of recreational and park equipment and facilities,
20 control and prevention of juvenile delinquency, city planning,
21 capital budgeting, capital programming and comprehensive
22 development planning, with any municipal or former county
23 department, agency, office, board or commission or any agency of
24 the Commonwealth or the United States Government, when, in the
25 opinion of the board of education or its authorized agents, the
26 agreement will further the efficient and effective
27 administration of public education.
28 (d) Existing home rule districts.--Any home rule school
29 district of a city of the first class brought into existence by
30 the adoption of a charter or charter provisions pursuant to the
19810H1300B2899 - 139 -
1 former provisions of the act of August 9, 1963 (P.L.643,
2 No.341), known as the "First Class City Public Education Home
3 Rule Act," shall continue to have all powers of home rule
4 granted under that act and shall have such additional powers as
5 may now or hereafter be granted in this subchapter. No
6 provisions of this title shall be construed to limit or
7 supersede any existing home rule school district charter or
8 charter provision adopted pursuant to and consistent with the
9 former provisions of the act of August 9, 1963 (P.L.643,
10 No.341).
11 § 2567. Penalties for violations of subchapter.
12 (a) Offenses defined.--A person commits a misdemeanor of the
13 second degree if he:
14 (1) Knowingly signs any petition provided for in this
15 subchapter without having the qualifications prescribed by
16 this subchapter or sets opposite a signature on the petition
17 a date other than the actual date the signature was affixed
18 thereto or sets opposite the signature on the petition a
19 false statement of the signer's place of residence or
20 occupation.
21 (2) Knowingly makes a false statement in any affidavit
22 required by the provisions of this subchapter to be appended
23 to or to accompany a petition provided for in this subchapter
24 or fraudulently signs any name not his own to any petition or
25 affidavit or fraudulently alters any petition without the
26 consent of the signers.
27 (3) Makes any willful false statement under oath or
28 affirmation or in writing stating that it is so made although
29 the oath or affirmation may not have actually been made by
30 any persons regarding any material matter or thing relating
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1 to any subject being investigated, heard, determined or acted
2 upon by the clerk of the city council or any other officers
3 of the city or by any court or judge thereof, in accordance
4 with the terms of this subchapter.
5 (4) Willfully defaces or destroys any petition provided
6 for in this subchapter or any part thereof or presents or
7 files or causes to be presented or filed any petition knowing
8 the same or any part thereof to be falsely made or suppresses
9 any petition or any part thereof which has been duly
10 presented or filed.
11 (5) Is an officer of a city, county or school district
12 or any employee of the officer, city, county or school
13 district or is any other person on whom a duty is imposed
14 under this subchapter, and willfully neglects or refuses to
15 perform his duty.
16 (6) Violates any of the provisions of this subchapter
17 for which a penalty is not specifically provided under this
18 section.
19 (b) Limitation on fines.--In the event a person convicted of
20 an offense under this section is sentenced to pay a fine as part
21 of the sentence, the fine shall not exceed $500 for offenses
22 under subsection (a)(1), (2) and (3) or $1,000 for other
23 offenses.
24 CHAPTER 27
25 INTERMEDIATE UNITS
26 Subchapter
27 A. General Provisions
28 B. Intermediate Unit Board and Staff
29 SUBCHAPTER A
30 GENERAL PROVISIONS
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1 Sec.
2 2701. Status, purpose and component districts.
3 2702. Transfer of district to another unit.
4 2703. Merger of units.
5 § 2701. Status, purpose and component districts.
6 (a) Status and purpose.--Intermediate units are service
7 units designed to provide to component school districts
8 educational program services as adopted by the intermediate unit
9 board of directors or as determined by law.
10 (b) Assignment of districts to unit.--Each school district
11 of this Commonwealth shall continue to be assigned to the
12 intermediate unit to which it was assigned as of the effective
13 date of this title. A list of intermediate units and their
14 component school districts shall be maintained by the
15 department.
16 § 2702. Transfer of district to another unit.
17 Any school district may apply for transfer from one
18 intermediate unit to another intermediate unit with which its
19 boundaries are contiguous by submitting a written request for
20 such transfer to the State board with reasons for requesting the
21 transfer. If the State board approves the transfer, it shall be
22 effective the following July 1. In no event shall a transfer be
23 made unless:
24 (1) the boards of directors of two-thirds of the
25 component school districts within each intermediate unit vote
26 in favor of approving the transfer; and
27 (2) the intermediate unit boards of directors involved
28 approve the transfer.
29 § 2703. Merger of units.
30 (a) Request for merger.--Two or more contiguous intermediate
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1 units may submit a written request for merger to the State board
2 if:
3 (1) the boards of directors of all component school
4 districts involved approve the merger; and
5 (2) the intermediate unit boards of directors involved
6 approve the merger.
7 (b) Approval of merger.--If the State board approves the
8 merger, it shall be effective the following July 1.
9 SUBCHAPTER B
10 INTERMEDIATE UNIT BOARD AND STAFF
11 Sec.
12 2711. Election and term of board members.
13 2712. Vacancies on board.
14 2713. Removal of directors and employees.
15 2714. Conventions.
16 2715. Election and compensation of officers.
17 2716. Staff of intermediate unit.
18 2717. Election of executive director and assistants.
19 2718. Powers and duties of board.
20 2719. Program services provided by board.
21 2720. Powers and duties of executive director.
22 2721. Intermediate unit advisory council.
23 2722. Budget.
24 2723. School district contributions to intermediate units.
25 § 2711. Election and term of board members.
26 (a) Election by districts.--The school directors of all
27 component school districts shall between February 1 and June 30
28 at the annual convention or by mail ballot elect intermediate
29 unit board members as provided in this section. An intermediate
30 unit board choosing to elect members by mail ballot shall notify
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1 the secretary of the board of directors of each school district
2 comprising the intermediate unit annually prior to January 1.
3 The act of July 19, 1974 (P.L.486, No.175), referred to as the
4 Public Agency Open Meeting Law, shall not apply to the election
5 of members by mail ballot.
6 (b) Composition of board.--The intermediate unit board shall
7 be composed of 13 members, except as otherwise provided in this
8 subsection, chosen from among the members of the boards of
9 school directors of the component districts. Where there are
10 fewer than 13 component school districts, there shall be one
11 school director from each school district elected to the
12 intermediate unit board but any such intermediate unit board may
13 elect one additional at-large member. Where there are 13 or more
14 districts in an intermediate unit, each district, as far as
15 practicable, may have one member on the intermediate unit board
16 up to a maximum of 20 members if the intermediate board so
17 decides by a majority vote of the legally constituted component
18 districts at the annual convention.
19 (c) Terms of office.--At the initial election, the terms of
20 four directors shall be set to expire on June 30, 1972; four
21 directors on June 30, 1973; and five directors on June 30, 1974.
22 Thereafter, terms shall be for three years on the same staggered
23 basis. In those instances where board membership is other than
24 13, the terms shall be for three years with, as close as is
25 mathematically possible, one-third of the total membership
26 elected at any one election. Terms of office shall begin on July
27 1.
28 (d) Election voting procedure.--The election of intermediate
29 unit directors shall be by proportionate ballot. The election
30 shall be determined on the basis of a majority of the
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1 proportionate vote cast by the school board members present and
2 voting. Each school director of each component school district
3 shall be entitled to at least one vote and shall be entitled to
4 cast votes to be determined as follows:
5 (1) The weighted average daily membership of the school
6 district of the director shall be divided by the total
7 weighted average daily membership within the intermediate
8 unit.
9 (2) The quotient obtained under paragraph (1) shall be
10 multiplied by 1,000.
11 (3) The product obtained under paragraph (2) shall be
12 divided by the number of board members authorized pursuant to
13 subsection (b).
14 (4) The dividend shall be rounded to the nearest whole
15 number.
16 (e) Annual certification of vote quotas.--The department
17 shall certify annually, not later than February 1, the weighted
18 average daily membership for the previous school year for each
19 school district and each intermediate unit and shall compute the
20 number of votes to which each school director of each district
21 within an intermediate unit shall be entitled.
22 (f) Unit comprised of single district.--In the case of an
23 intermediate unit comprised of a single school district, the
24 board of school directors of the school district shall be the
25 intermediate unit board of directors.
26 § 2712. Vacancies on board.
27 (a) When vacancy occurs.--A vacancy shall occur when:
28 (1) an intermediate unit director no longer holds office
29 as a school director; or
30 (2) an intermediate unit director resigns or is removed
19810H1300B2899 - 145 -
1 from the intermediate unit board.
2 (b) Filling vacancy.--Vacancies on an intermediate unit
3 board shall be filled by appointment by majority vote of the
4 remaining intermediate unit board of directors. A director so
5 appointed shall serve until the annual election at which time a
6 director shall be elected to serve the unexpired portion of the
7 term.
8 (c) Vacancy of entire board.--In the event vacancies exist
9 or occur in the membership of all of the members of an
10 intermediate unit board of directors, a special convention
11 called by the department shall be held of the school directors
12 of all school districts comprising the intermediate unit for the
13 purpose of electing directors to fill the vacancies.
14 § 2713. Removal of directors and employees.
15 (a) Directors.--Any member of an intermediate unit board may
16 be removed from the board in the same manner and for the same
17 causes as provided by law for the removal of members of boards
18 of school directors.
19 (b) Officers or employees.--Any officer or employee of an
20 intermediate unit board may be removed in the same manner for
21 the same causes as provided by law for the removal of officers
22 or employees of boards of school directors.
23 § 2714. Conventions.
24 (a) Annual convention.--The intermediate unit board of
25 directors may direct the executive director to call a convention
26 to be held between February 1 and June 30 for the purpose of
27 electing members to the intermediate unit board of directors,
28 for consideration and discussion of matters pertaining to the
29 improvement of education in the schools within the intermediate
30 unit and for such other business as may properly come before the
19810H1300B2899 - 146 -
1 convention. Except as otherwise specified, action shall be taken
2 by a majority of those school directors present and voting.
3 (b) Special convention called by unit board.--The
4 intermediate unit board may call into special convention the
5 school directors of all school districts compromising the
6 intermediate unit at any time for the consideration of business
7 which may properly come before a special convention.
8 (c) Special convention requested by school boards.--The
9 majority of the member school boards compromising the
10 intermediate unit may petition the intermediate unit board to
11 call a special convention for a stated purpose relating to
12 proper business of the intermediate unit, including the election
13 of members to the intermediate unit board, in which case the
14 intermediate unit executive director shall call into special
15 convention the school directors of all school districts
16 compromising the unit for consideration of the stated purpose or
17 election. Petitions for a convention to elect members of the
18 intermediate unit board of directors must be received by the
19 secretary of the intermediate unit board of directors no later
20 than February 1. Notice to each district director shall be given
21 at least five days prior to the special convention.
22 § 2715. Election and compensation of officers.
23 (a) President and vice president.--The newly elected
24 intermediate unit board shall convene each year during the month
25 of June and shall elect from its membership, for a term to begin
26 July 1, a president and a vice president.
27 (b) Treasurer.--Annually, during the month of June, the
28 newly elected board shall elect a treasurer, corporate or
29 personal, for a term to begin July 1.
30 (c) Secretary.--Annually, during the month of June, the
19810H1300B2899 - 147 -
1 newly elected board shall elect a secretary for a term to begin
2 July 1.
3 (d) Unit comprised of single district.--In the case of an
4 intermediate unit comprised of a single district, the
5 intermediate unit board at the regular school board election of
6 officers may designate, by a majority vote, the school board
7 officers of the intermediate unit or may elect separate officers
8 for intermediate unit operation in accordance with subsections
9 (a), (b) and (c).
10 (e) Compensation.--The secretary and treasurer shall be
11 compensated as the intermediate unit board shall deem
12 appropriate.
13 (f) Duties, removal and bond.--The provisions of Chapters 23
14 (relating to boards of school directors) and 31 (relating to
15 local finance) applicable to duties of board officers, removal
16 and bond shall apply to the intermediate unit board officers.
17 § 2716. Staff of intermediate unit.
18 (a) Composition.--The staff of an intermediate unit shall
19 consist of an executive director and such assistant executive
20 directors, program specialists and other personnel as the
21 intermediate unit board deems necessary to employ.
22 (b) Employee rights.--All professional and other employees
23 of an intermediate unit shall have the same rights and
24 privileges as provided to similar employees of school districts
25 by this title.
26 (c) Qualifications of specialists.--Program specialists
27 shall satisfy minimum qualifications adopted by the State board.
28 (d) Membership in retirement system.--All eligible employees
29 of an intermediate unit shall, in accordance with Part IV
30 (relating to retirement for school employees), be members of the
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1 Public School Employees' Retirement System and employees who are
2 members of the State Employees' Retirement System prior to
3 employment by the intermediate unit may elect to remain members
4 of such retirement system.
5 (e) Unit comprised of single district.--Where an
6 intermediate unit is comprised of a single school district, the
7 district superintendent shall serve as executive director of the
8 intermediate unit. The salaries of the executive director and
9 the assistants of the executive director shall be charged to the
10 intermediate unit budget only to the extent that they are
11 engaged in providing approved intermediate unit services as
12 determined by the executive director.
13 § 2717. Election of executive director and assistants.
14 (a) Election and compensation.--The intermediate unit board
15 by a majority vote of all members thereof shall elect and fix
16 the salary of a properly certificated executive director and,
17 upon the recommendation of the executive director, may elect and
18 fix the salary of such properly certificated assistant executive
19 directors as it deems necessary.
20 (b) Terms, reelection and vacancies.--The terms of office,
21 reelection procedure and procedure in case of vacancy for the
22 executive director and assistant executive director shall
23 conform to the terms and procedures for superintendents and
24 assistant superintendents provided in Subchapter E of Chapter 51
25 (relating to commissioned personnel).
26 § 2718. Powers and duties of board.
27 (a) Duties.--An intermediate unit board shall:
28 (1) Employ professional staff.
29 (2) Employ and adopt employment policies for auxiliary
30 personnel.
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1 (3) Provide for the proper education and training for
2 all exceptional children who are not enrolled in classes or
3 schools maintained and operated by school districts and who
4 are not otherwise provided for. When the intermediate unit
5 has contracted to provide transportation to exceptional
6 students and the exceptional student is so physically
7 incapacitated or mentally retarded as to be unable to use
8 free transportation as provided by the usual school bus, the
9 intermediate unit may, with the approval of the department,
10 purchase transportation equipment.
11 (4) Operate and administer a vocational-technical school
12 or schools if the intermediate unit board has been designated
13 as the operating agent by the participating districts of an
14 area vocational-technical school.
15 (5) Prepare and submit to the State Board For Vocational
16 Education proposals or revisions of proposals for the
17 placement of school districts of the intermediate unit into
18 area vocational-technical attendance areas.
19 (6) Provide and conduct programs of services as
20 authorized by the State board and approved by the
21 intermediate unit board.
22 (7) Approve and advertise the intermediate unit budget
23 as provided for in sections 2722 (relating to budget) and
24 3112 (relating to public notice of proposed budget).
25 (8) Perform such other duties as may be required by
26 regulation of the State board to effectuate the purposes of
27 this chapter.
28 (9) Educate school age children and youth who pursuant
29 to an order of a court or an official arrangement with a
30 public or private approved children and youth agency is
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1 placed outside his own home in either a group residential
2 program or in a foster family home when it is determined that
3 the school district or school districts in which the child or
4 youth is placed cannot accommodate such child or youth in the
5 public schools of the district.
6 (10) At the direction of the department, operate
7 educational programs at institutions at which the department
8 under section 3731 (relating to educational programs in
9 State-owned institutions) is to organize and supervise
10 educational programs or operate educational programs at
11 preadjudication detention centers for juveniles.
12 (11) (i) Have the power to contract with private
13 residential rehabilitative institutions for educational
14 services to be provided to children as part of any
15 rehabilitative program required in conjunction with the
16 placement of a child in any such institution or in a day-
17 treatment program of that institution pursuant to a
18 proceeding under Chapter 63 of Title 42 (relating to
19 juvenile matters).
20 (ii) The actual cost of such services shall be borne
21 by the school district of the child's residence and the
22 department shall effectuate the reimbursement of the
23 various intermediate unit expenditures administratively
24 through the deduction of an appropriate amount from the
25 basic instructional subsidy of any school district which
26 had resident students that were provided educational
27 services by a private residential rehabilitative
28 institution.
29 (iii) For the purpose of this section, a "private
30 residential rehabilitative institution" means a facility,
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1 other than one operated by a public agency, which as of
2 December 31, 1977 provided to juveniles legally committed
3 thereto pursuant to a proceeding under the act of
4 December 6, 1972 (P.L.1464, No.333), known as the
5 "Juvenile Act," educational services as part of a total
6 rehabilitative package, funded, at least in part, through
7 contractual agreements with the county of which each
8 child is a resident, whereby the institution received
9 from the county an amount per diem for each child legally
10 committed thereto or legally committed to a day-treatment
11 program thereof.
12 (iv) A private residential rehabilitative
13 institution shall be exempt from administrative control
14 by the intermediate unit contracting therewith other than
15 those controls necessary to assure the proper expenditure
16 of the funds for the maintenance of the minimum education
17 program provided for in the contract. Such contracts
18 shall not require compliance with this title.
19 (v) Regulations of the department heretofore adopted
20 or hereafter promulgated shall neither reduce the
21 discretion of the intermediate unit in determining the
22 minimum educational program or how it should be
23 administered by the institution nor make reimbursement of
24 intermediate unit expenditures contingent upon the
25 intermediate unit mandating contract provisions requiring
26 compliance with the provisions of this title including,
27 but not limited to, the areas of course offerings and
28 teacher certification.
29 (b) Powers.--The intermediate unit board may:
30 (1) Employ and fix the compensation of a solicitor.
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1 (2) Receive Federal, State, school district and other
2 moneys and expend the same to conduct the programs of
3 service.
4 (3) Contract for specialized services.
5 (4) Lease land and buildings in accordance with the
6 provisions of Chapter 49 (relating to physical plant and
7 construction) except that no contract to lease facilities for
8 intermediate unit administrative offices from one or more
9 constituent school districts shall be entered into without
10 the approval of the boards of school directors of at least
11 two-thirds of the constituent districts. The intermediate
12 unit shall give priority consideration to leasing vacant and
13 available land and buildings of member school districts prior
14 to entering into a lease agreement with commercial private
15 lessors.
16 (5) Purchase or lease equipment and motor vehicles to be
17 used for educational programs and services.
18 § 2719. Program services provided by board.
19 (a) General rule.--The intermediate unit board may provide
20 the following services based on need as determined by the
21 collection and analysis of information data:
22 (1) Curriculum development and instructional improvement
23 services.
24 (2) Educational planning services.
25 (3) Instructional materials services.
26 (4) Continuing professional education services.
27 (5) Student personnel services.
28 (6) State and Federal agency liaison services.
29 (7) Management services.
30 (8) Any other services approved by a majority of boards
19810H1300B2899 - 153 -
1 of school directors comprising the intermediate unit.
2 (b) Contracts and additional services.--The intermediate
3 unit board may:
4 (1) Contract to furnish any of the services referred in
5 subsection (a) or any other educational services to school
6 entities and to nonpublic nonprofit schools.
7 (2) Establish and maintain educational broadcasting
8 programs, audio-visual libraries and instructional materials
9 centers.
10 (3) Contract with school districts to provide services
11 on behalf of the intermediate unit.
12 § 2720. Powers and duties of executive director.
13 The executive director of an intermediate unit shall:
14 (1) Administer the intermediate unit program of
15 services.
16 (2) Recommend to the intermediate board the appointment
17 of assistant executive directors and other professionals.
18 (3) Recommend employment of auxiliary personnel in
19 accordance with employment policies of the intermediate unit
20 board.
21 (4) Perform the duties of a business administrator as
22 defined in section 2376(a) (relating to business
23 administrator) or, with the approval of the board, delegate
24 the functions to another employee.
25 (5) Appoint such advisory groups as deemed necessary to
26 assist the staff in providing programs of service for school
27 districts.
28 (6) Provide the department with information and reports.
29 (7) Serve as the chief school administrator of an area
30 vocational-technical school if the intermediate unit board is
19810H1300B2899 - 154 -
1 designated as the operating agent for the school or if the
2 executive director is appointed as chief school administrator
3 by the area vocational-technical board.
4 (8) Call the school directors of the component school
5 districts into an annual convention and into special
6 conventions as provided in this chapter.
7 (9) Call a convention of boards of directors of all
8 schools comprising the intermediate unit to discuss the
9 formulation of an area vocational-technical school.
10 (10) Call into session and serve as chairman of meetings
11 of the intermediate unit advisory council.
12 (11) Perform such other duties as may be required by the
13 intermediate unit board and the regulations of the State
14 board.
15 § 2721. Intermediate unit advisory council.
16 (a) Composition and purpose.--Each intermediate unit shall
17 have an intermediate unit advisory council composed of all chief
18 school administrators within the intermediate unit. The purpose
19 of the intermediate unit advisory council shall be to serve in
20 an advisory capacity to the executive director of the
21 intermediate unit.
22 (b) Meetings.--The intermediate unit advisory council shall
23 meet at least five times each year.
24 § 2722. Budget.
25 (a) Preparation.--The executive director of each
26 intermediate unit shall prepare a proposed general operating
27 budget for the intermediate unit board.
28 (b) Approval and advertising.--The intermediate unit board
29 shall:
30 (1) Approve a proposed budget.
19810H1300B2899 - 155 -
1 (2) Advertise the availability of the budget for
2 inspection in accordance with section 3112 (relating to
3 public notice of proposed budget).
4 (3) Furnish each director of each component school <--
5 district with a printed copy of the budget proposed for
6 adoption.
7 (c) Adoption.--The budget shall be adopted by: <--
8 (1) a majority of the school districts comprising the
9 intermediate unit; and. <--
10 (2) a majority of the proportionate votes of all school <--
11 directors of the component school districts as they were
12 recorded voting in the minutes of their respective school
13 boards.
14 (d) Filing.--The adopted budget shall be filed annually with
15 the department on or before June 30.
16 § 2723. School district contributions to intermediate units.
17 (a) Computation of contributions.--Where the adopted budget
18 of the intermediate unit exceeds the Commonwealth allocation to
19 the intermediate unit, each school district within the
20 intermediate unit shall contribute to the intermediate unit a
21 share of the amount by which the budget exceeds the allocation
22 computed in the following manner:
23 (1) Determine a per student deficiency figure by
24 dividing the amount by which the budget exceeds the
25 allocation by the weighted average daily membership, as
26 defined in section 2921 (relating to definitions), of all the
27 school districts within the intermediate unit.
28 (2) Determine the share of each school district by
29 multiplying the per student deficiency figure computed in
30 paragraph (1) by the weighted average daily membership of the
19810H1300B2899 - 156 -
1 particular school district.
2 (b) Contracts for services by intermediate unit.--Any one or
3 a combination of the school districts comprising an intermediate
4 unit may contract with the intermediate unit for services to be
5 provided for the contracting school districts by the
6 intermediate unit with the cost of the services to be paid by
7 the contracting school districts in such manner as they may
8 agree upon.
9 (c) Independent services by school district.--If a component
10 school district desires to provide a service independent of its
11 intermediate unit and if:
12 (1) the service is included in the approved program of
13 services to be offered by an intermediate unit;
14 (2) the service is to be financed solely by the school
15 district; and
16 (3) the intermediate unit board has determined that the
17 quality of the service is adequate and that such independent
18 action will not adversely affect the service to be offered to
19 the remaining districts by the intermediate unit;
20 the intermediate unit board may relieve the school district of
21 payment for such service.
22 (d) Method of payment.--Payments due from school districts
23 to an intermediate unit shall be withheld by the Commonwealth
24 from subsidies payable to school districts during October and
25 paid to the intermediate unit not later than January of each
26 year.
27 SUBPART C
28 FISCAL AFFAIRS AND TAXATION
29 Chapter
30 29. Reimbursement
19810H1300B2899 - 157 -
1 31. Local Finance
2 33. Accounting and Auditing
3 35. Taxation
4 CHAPTER 29
5 REIMBURSEMENT
6 Subchapter
7 A. General Provisions
8 B. Basic Instruction
9 C. Building Construction
10 D. Driver Education
11 E. Exceptional Students
12 F. Health Services
13 G. Homebound Instruction
14 H. Intermediate Units
15 I. Migrant Children
16 J. Poverty Children
17 K. Transportation
18 L. Tuition
19 M. Vocational Education
20 N. Temporary Special Aid to School Districts Due to Real
21 Property Reassessments
22 O. State School Fund
23 SUBCHAPTER A
24 GENERAL PROVISIONS
25 Sec.
26 2901. Statements for reimbursement.
27 2902. Determining amount of payments.
28 2903. Deduction from Commonwealth appropriations.
29 2904. Withholding payments for delinquent debt.
30 2905. Penalties for unauthorized employees.
19810H1300B2899 - 158 -
1 2906. Payments for schools closed during emergencies.
2 2907. Verification of amounts to school entities.
3 2908. Verification of amounts to State Treasurer.
4 2909. Guaranteed payments and limitations.
5 2910. Time of payments.
6 2911. Method and use of payments.
7 § 2901. Statements for reimbursement.
8 (a) Definition.--As used in this chapter the word
9 "statement" means statement for reimbursement.
10 (b) Filing.--Each school entity shall file statements with
11 the department. The department shall prescribe the content, form
12 and time of filing of the statements.
13 (c) Penalty for failure to file.--The department shall
14 withhold the payment of all moneys due any school entity until
15 the necessary statements and required reports have been properly
16 submitted.
17 (d) Corrections.--If any error in any statement shall occur
18 whereby a school entity would receive more or less Commonwealth
19 money than is justly due, the chief executive officer of the
20 school entity shall forward immediately to the department a
21 corrected statement and the department shall make the corrected
22 statement the basis for the appropriation.
23 § 2902. Determining amount of payments.
24 (a) General rule.--The department shall determine the amount
25 of funds required to meet each payment to each school entity
26 which becomes due and payable each fiscal year.
27 (b) Basis for determination.--The determination of the
28 amount required shall be based on the following:
29 (1) The data and material contained in the statements.
30 (2) The definitions in section 2921 (relating to
19810H1300B2899 - 159 -
1 definitions).
2 (3) The deductions authorized in section 2903 (relating
3 to deduction from Commonwealth appropriations).
4 (4) The reimbursement formulae as contained in the
5 following provisions:
6 Subchapter B (relating to basic instruction).
7 Subchapter C (relating to building construction).
8 Subchapter E (relating to exceptional students).
9 Subchapter G (relating to homebound instruction).
10 Subchapter H (relating to intermediate units).
11 Subchapter K (relating to transportation).
12 § 2903. Deduction from Commonwealth appropriations.
13 (a) General rule.--The department may deduct from
14 Commonwealth appropriations to school entities the amounts due
15 and payable to the Commonwealth, political subdivisions and
16 other school entities. The exact amount deducted shall be
17 credited or paid to the appropriate government agency and the
18 school entity involved shall be properly notified.
19 (b) Extension class tuition.--If any school district in
20 which a student resides, who is entitled by law to attend an
21 elementary school or a high school for an extension class for
22 which extension class tuition has been approved by the sending
23 district for attendance in another district, neglects or refuses
24 to pay the tuition or any other charge, the department may
25 deduct from any moneys due the sending district out of any
26 Commonwealth appropriation the amount due from the sending
27 district to the district where the student attends and pay the
28 amount to the district entitled thereto.
29 § 2904. Withholding payments for delinquent debt.
30 The department may refuse to authorize the payment of any
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1 amount payable to any school entity when it fails or refuses to
2 pay its indebtedness when due. The department may continue to
3 withhold such amounts until the school entity has made provision
4 for payment of the delinquent debt.
5 § 2905. Penalties for unauthorized employees.
6 (a) Abuse of emergency certificates.--Any school entity
7 which for a period of two successive years either employs a
8 teacher who holds only an emergency certificate for any grade or
9 subject which he teaches, or employs in the same position
10 teachers who hold only emergency certificates for any grades or
11 subjects which they teach, shall forfeit the sum of $300 for
12 each teacher so employed or for each position so filled.
13 (b) Uncertificated professionals.--Any school entity which
14 has in its employ any person required by law to be certificated
15 in a teaching, specialist, supervisory or administrative
16 capacity for more than two consecutive months of any school year
17 who has not been certificated for the position by the department
18 shall forfeit an amount equal to the actual salary being paid
19 the employee for that school year less the product of the salary
20 and the aid ratio of the school entity. Forfeiture shall apply
21 only to uncertificated professionals employed in that position
22 after July 1, 1962 1983. <--
23 (c) Substitutes employed in vacancies.--Any school entity
24 which has in its employ a substitute in a position where a
25 vacancy exists for a full year or more without the specific
26 written approval of the department shall forfeit an amount equal
27 to the actual salary being paid the employee for that school
28 year less the product of the salary and the aid ratio of the
29 school entity.
30 (d) Payment of penalty.--The department shall deduct the
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1 forfeitures from the amount of the Commonwealth appropriation
2 otherwise due the school entity.
3 § 2906. Payments for schools closed during emergencies.
4 When any governing board is compelled to close any school or
5 schools on account of any contagious disease, natural disaster
6 or other emergency, not including labor disputes involving
7 school employees, and thereby is unable to keep the school or
8 schools open for the minimum term required by this title, the
9 department may pay to the school entity any or all of its share
10 of the annual Commonwealth appropriations as the department
11 deems proper.
12 § 2907. Verification of amounts to school entities.
13 The department shall transmit to each school entity a
14 verification of the amount payable to the school entity.
15 § 2908. Verification of amounts to State Treasurer.
16 The department shall verify the amount payable to each school
17 entity to the State Treasurer who shall place the amounts to the
18 credit of the respective school entities.
19 § 2909. Guaranteed payments and limitations.
20 (a) Guaranteed payments.--Each school district shall receive
21 an amount which is the greater of:
22 (1) the guaranteed amount per weighted average daily
23 membership established for the 1970-1971 fiscal year for the
24 district times the weighted average daily membership
25 applicable to the year for which payment is being made; or
26 (2) the amount as determined in accordance with section
27 2922(a) and (b) (relating to amount of payments) for the
28 immediately preceding fiscal year of the district.
29 (b) Limitations on payments.--Notwithstanding any other
30 provisions of law, for any fiscal year no school district shall
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1 be paid under subsection (a), section 2922(c) or section 2957
2 (relating to payments for poverty children), an amount in excess
3 of 100% of the total approved reimbursable instruction expense
4 of the school district.
5 (c) Proportionate reduction of payments.--If the sums
6 appropriated for the fiscal year 1978-1979 and each fiscal year
7 thereafter are not sufficient to pay in full the total amounts
8 to which all qualified school districts, intermediate units and
9 nonpublic schools are entitled to receive under the provisions
10 of sections 1102 (relating to auxiliary services to nonpublic
11 school children), 1103(d) (relating to educational aids for
12 nonpublic school children), 2921 (relating to definitions), 2922
13 (relating to amount of payments), 2951 (relating to payments to
14 intermediate units), 2953 (relating to capital subsidy) and 2957
15 (relating to payments for poverty children) for such year, the
16 allocations to the schools districts, intermediate units and
17 nonpublic schools shall be proportionately reduced to the extent
18 necessary to bring the aggregate of the school district,
19 intermediate unit and nonpublic school allocations within the
20 limits of the amounts appropriated. However, no school
21 district's gross allocation under the provisions of the sections
22 referred to in this section shall be less for the fiscal year
23 1978-1979 or 1979-1980 than its gross allocation under those
24 sections for the previous fiscal year.
25 § 2910. Time of payments.
26 The amount apportioned and allotted to each school district
27 shall be divided into four payments and the department shall
28 draw a requisition four times annually upon the State Treasurer
29 in favor of each school district for the amount to which it is
30 entitled. The first payment which shall be made on September 1
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1 shall be an estimate based on but not to exceed 30% of the total
2 amount apportioned and allocated to the school district during
3 the previous fiscal year for the same purposes. The second
4 payment which shall be made on December 1 shall be 20% and the
5 third payment which shall be made on April 20 shall be 30% of
6 the total amount apportioned and allocated to the school
7 district during the previous fiscal year for the same purposes.
8 The final payment which shall be made on June 1 shall be the
9 balance of the apportionment due for the applicable fiscal year.
10 Payment shall be made to all school districts on September 1,
11 December 1, April 20 and June 1, except that any school district
12 whose fiscal year and calendar year are identical on the
13 effective date of this section shall continue to receive
14 payments as now provided by law. This section shall apply to
15 payments to which a school district is entitled under provisions
16 of sections 2909(a) (relating to guaranteed payments and
17 limitations), 2922 (relating to amount of payments) and 2957
18 (relating to payments for poverty children).
19 § 2911. Method and use of payments.
20 The annual Commonwealth appropriation apportioned and
21 distributed by the department to each school entity shall be
22 paid to the treasurer of the school entity. The appropriations
23 shall be used by each school entity through its governing board
24 for the purposes authorized by this title.
25 SUBCHAPTER B
26 BASIC INSTRUCTION
27 Sec.
28 2921. Definitions.
29 2922. Amount of payments.
30 2923. Personal income valuation information and determinations.
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1 § 2921. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Actual instruction expense per weighted average daily
6 membership." For each fiscal year, the department shall
7 calculate for each school district the actual instruction
8 expense per weighted average daily membership for each district
9 student. The actual instruction expense shall include all
10 general fund expenses of the school district except those for
11 health services, transportation, debt service, capital outlay,
12 homebound instruction and outgoing transfers to community
13 colleges. From this cost shall be deducted the amount received
14 from the Commonwealth for driver education, special class
15 operation, vocational education programs, area vocational-
16 technical schools, payment of tuition by district patrons,
17 parents and the State and Federal Government and all moneys
18 received from the State and Federal Government under the Federal
19 Elementary and Secondary Education Act (Public Law 89-10),
20 Federal Economic Opportunity Act (Public Law 88-452) and Federal
21 Comprehensive Employment and Training Act of 1973 (Public Law
22 93-203) and for projects under section 3904 (relating to
23 intensive classes for unemployed or underemployed persons). The
24 actual instruction expense so determined, when divided by the
25 weighted average daily membership for the district, shall be the
26 actual instruction expense per weighted average daily
27 membership.
28 "Aid ratio." The State's share of reimbursable cost as
29 defined under the definition of "State's share of total cost."
30 The aid ratio shall be determined in the following manner:
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1 (1) Divide the market value per weighted average daily
2 membership of the school district by the market value per
3 weighted average daily membership of this Commonwealth.
4 (2) Determine the product of paragraph (1) multiplied by
5 the school district's share of total cost.
6 (3) Subtract the resultant product in paragraph (2) from
7 one (1.0000) to determine the aid ratio.
8 Aid ratio = 1.0000 - (District MV/WADM)
9 ------------------ x .50
10 (State MV/WADM)
11 No school district shall be assigned an aid ratio less than
12 .1000.
13 "Average daily membership." Membership computed in
14 accordance with rules of procedure established by the
15 department.
16 "Base earned for reimbursement." The lesser of the
17 following:
18 (1) The actual instruction expense per weighted average
19 daily membership of the district.
20 (2) The amount earned as follows:
21 (i) Subtract the individual school district's
22 equalized millage from the highest equalized millage in
23 this Commonwealth.
24 (ii) Divide the amount determined in subparagraph
25 (i) by the difference between the highest and lowest
26 equalized millage in this Commonwealth.
27 (iii) Multiply the quotient determined in
28 subparagraph (ii) by $200 and round to the nearest whole
29 dollar amount.
30 (iv) Subtract the amount determined in subparagraph
31 (iii) from the median actual instruction expense per
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1 weighted average daily membership in the year for which
2 reimbursement is being computed.
3 "Density factor." The density factor shall be assigned for
4 those school districts whose population exceeds 10,000 per
5 square mile as determined by the department from the most recent
6 records of the United States Census Bureau. Any school district
7 which was assigned a density factor for any fiscal year prior to
8 1969-1970, and for any fiscal year thereafter is determined by
9 the department to have a population of 10,000 per square mile or
10 less shall qualify for a modified density payment which shall be
11 in the ratio of its population per square mile to 10,000 of the
12 amount to which it would have been entitled had its population
13 per square mile exceeded 10,000. Any school district which was
14 assigned a density factor for any fiscal year prior to 1969-1970
15 and for any fiscal year thereafter and as a result of a merger
16 with one or more other school districts becomes a part of a new
17 school district and the new school district is determined by the
18 department to have a population of 10,000 per square mile or
19 less, the new school district shall qualify for a modified
20 density payment which shall be in the ratio of its population
21 per square mile to 10,000 of the amount to which it would have
22 been entitled had its population per square mile exceeded
23 10,000. A school district qualifying under the density factor
24 shall be paid by the Commonwealth on account of excess
25 expenditures per weighted average daily membership not to exceed
26 for the fiscal year 1969-1970 and each fiscal year thereafter
27 $250, in excess of $400, an amount to be determined by
28 multiplying the excess expenditures by the aid ratio or by
29 0.375, whichever is greater, and by the number of weighted
30 students, which amount shall be in addition to any other
19810H1300B2899 - 167 -
1 payments for the students.
2 "District students." Students of a school district enrolled
3 in the public schools of this Commonwealth and of adjacent
4 states who are residents of a given school district.
5 "District's share of total cost." The district's share of
6 total cost shall be the State's share subtracted from 1.00.
7 "Equalized millage." A school district's tax effort used for
8 determining the base earned for reimbursement and used for
9 reimbursement under section 2922 (relating to amount of
10 payments) shall be the amount of local school taxes collected
11 during the year for which reimbursement is being computed
12 divided by the most recent real property valuation of the school
13 district.
14 "Market value/income aid ratio." For purposes of
15 reimbursement to a school district under sections 2909 (relating
16 to guaranteed payments and limitations) and 2922 (relating to
17 amount of payments) shall be the Commonwealth's method of
18 determining the combined market value and income wealth for each
19 student and shall be computed as follows:
20 (1) (i) Divide the market value per weighted average
21 daily membership of the district by the market value per
22 weighted average daily membership of this Commonwealth.
23 (ii) Determine the product of subparagraph (i)
24 multiplied by the district's share of total costs which
25 is .5.
26 (iii) Subtract the resultant product in subparagraph
27 (ii) from 1.000 to determine the market value aid ratio.
28 (2) (i) Divide the income per weighted average daily
29 membership of the district by the personal income per
30 weighted average daily membership of this Commonwealth.
19810H1300B2899 - 168 -
1 (ii) Determine the product of subparagraph (i)
2 multiplied by the district's share of total costs which
3 is .5.
4 (iii) Subtract the resultant product in subparagraph
5 (ii) from 1.0000 to determine the income aid ratio.
6 (3) Add 60% of the market value aid ratio to 40% of the
7 income aid ratio to determine the market value/income aid
8 ratio.
9 "Median actual instruction expense per weighted average daily
10 membership." For the fiscal year 1976-1977 and each fiscal year
11 thereafter the department shall annually calculate the actual
12 instruction expense per weighted average daily membership for
13 which an equal number of districts are above and below for that
14 year.
15 "Median equalized millage." For the fiscal year 1976-1977
16 and each fiscal year thereafter the department shall annually
17 calculate the equalized millage for which an equal number of
18 districts are above and below for that year.
19 "Minimum subsidy." For the fiscal year 1978-1979 and each
20 fiscal year thereafter in no case shall a district receive for
21 each student in weighted average daily membership an amount less
22 than 15% of the actual cost of instruction or 15% of the base
23 earned for reimbursement, whichever is the lesser amount. For
24 the fiscal year 1976-1977 and each fiscal year thereafter a
25 district whose actual instruction expense per weighted average
26 daily membership is more than $200 less than the median actual
27 instruction expense per weighted average daily membership and
28 whose equalized millage is within 15% of the median equalized
29 millage shall receive reimbursement of $200 below the median
30 actual instruction expense per weighted average daily membership
19810H1300B2899 - 169 -
1 times the district's aid ratio for each weighted average daily
2 membership.
3 "Personal income valuation." A school district's personal
4 income valuation used for reimbursement to a school district
5 under sections 2909 (relating to guaranteed payments and
6 limitations) and 2922 (relating to amount of payments) shall be
7 the valuation of the total taxable income for the tax year
8 preceding the immediate prior year determined under Article III
9 of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax
10 Reform Code of 1971," for each school district each year by the
11 Department of Revenue and certified to the Department of
12 Education.
13 "Real property valuation." A school district's real property
14 valuation used for computing the basic account standard
15 reimbursement fraction, the subsidiary account reimbursement
16 fraction, the aid ratio and the market value/income aid ratio
17 shall be the valuation placed upon its taxable real property by
18 the State Tax Equalization Board.
19 "Secondary students" or "high school students." Students in
20 a secondary school program classified as such by the department.
21 The term does not include students below grade seven.
22 "Sparsity factor."
23 (1) A sparsity factor shall be assigned for those
24 districts whose population is less than 50 per square mile as
25 determined by the department from the most recent records of
26 the United States Census Bureau. A school district qualifying
27 under the sparsity factor shall be paid by the Commonwealth
28 on account of excess expenditures per weighted average daily
29 membership, not to exceed for the fiscal year 1978-1979 and
30 each fiscal year thereafter $265, in excess of $400, an
19810H1300B2899 - 170 -
1 amount to be determined by multiplying the excess
2 expenditures by the aid ratio or by 0.375, whichever is
3 greater, and by the number of weighted students which amount
4 shall be in addition to any other payment for the students.
5 (2) Any school district determined by the department to
6 have a population of at least 50 per square mile but less
7 than 100 per square mile shall, for the fiscal year 1976-1977
8 and each fiscal year thereafter, qualify for a modified
9 sparsity payment which shall be the ratio of its population
10 per square mile to 50 subtracted from 2.00 and multiplied by
11 the amount to which it would have been entitled had its
12 population per square mile been less than 50.
13 "State's share of total cost." For the fiscal year 1966-1967
14 and each fiscal year thereafter, the average State's share of
15 total reimbursable cost shall be 50%. Total reimbursable cost
16 shall be the lesser of actual expense per weighted average daily
17 membership (WADM) or a maximum amount to be fixed by the General
18 Assembly each year to represent the estimated median actual
19 instruction expense per WADM in the year for which the
20 reimbursement is payable. For the fiscal year 1976-1977 and each
21 fiscal year thereafter, the maximum amount shall be the median
22 actual instruction expense per WADM in the year for which the
23 reimbursement is to be payable. The department annually shall
24 calculate the State "median actual instruction expense per
25 weighted average daily membership" and shall supply the same to
26 the General Assembly.
27 "Weighted average daily membership" or "WADM." The average
28 daily membership for all resident students in the various levels
29 of instruction shall be multiplied by the weight for that level
30 as indicated in the definition of "weighted student" to obtain
19810H1300B2899 - 171 -
1 the weighted average daily membership. The sum of the products
2 so obtained shall be the weighted average daily membership for
3 the district.
4 "Weighted student." A value placed upon district students in
5 average daily membership at various levels of instruction. The
6 value shall be as follows:
7 (1) Kindergarten, 0.50 if attending one session per day
8 or 1.00 if attending two sessions per day.
9 (2) Elementary, 1.00.
10 (3) Secondary, 1.36.
11 § 2922. Amount of payments.
12 (a) General rule.--For the fiscal year 1976-1977 and each
13 fiscal year thereafter, each school district shall be paid by
14 the Commonwealth on account of instruction of the district's
15 students an amount to be determined by multiplying the market
16 value/income aid ratio times the actual instruction expense per
17 weighted average daily membership or by the base earned for
18 reimbursement, whichever is less, and by the weighted average
19 daily membership for the district.
20 (b) Minimum payments.--For any fiscal year, no district
21 shall receive less than an amount obtained by multiplying the
22 minimum subsidy by the weighted average daily membership for the
23 district.
24 (c) Density and sparsity payments.--For the fiscal year
25 1978-1979 and each fiscal year thereafter, each school district
26 so entitled shall be paid, in addition to any other subsidy to
27 which it is entitled, an amount for density, or modified
28 density, or sparsity, or modified sparsity, of population.
29 Except as otherwise provided, this amount shall be paid on
30 account of expenditures in excess of $400 per weighted average
19810H1300B2899 - 172 -
1 daily membership, not to exceed $250 for density, modified
2 density, sparsity or modified sparsity an amount to be
3 determined by multiplying the excess expenditures by the market
4 value/income aid ratio or by 0.375, whichever is greater, and by
5 the number of weighted average daily membership. For the fiscal
6 year 1978-1979 and each fiscal year thereafter, districts
7 qualifying for sparsity or modified sparsity payments shall be
8 paid on account of expenditures in excess of $400 per weighted
9 average daily membership, not to exceed $265, an amount to be
10 determined by multiplying the excess expenditures by the market
11 value/income aid ratio or by 0.375, whichever is greater, and by
12 the number of weighted average daily membership. The payment for
13 density factor for those qualifying school districts with a WADM
14 in excess of 35,000 shall be the actual cost of instruction per
15 WADM multiplied by 21% and by the WADM of the district and,
16 notwithstanding any other provision of this title, shall be paid
17 in full for each fiscal year.
18 § 2923. Personal income valuation information and
19 determinations.
20 (a) General rule.--The Department of Revenue shall, on or
21 before January 31 of each year, supply to each school district a
22 listing of the addresses of each person who has filed a State
23 income tax return with the Department of Revenue for the tax
24 year preceding the immediate prior year and has designated
25 thereon a code or identification number indicating that the
26 taxpayer was a resident of the school district at the close of
27 the tax year for which the return was filed. Within 20 days of
28 receipt of the list, each school district shall report to the
29 Secretary of Revenue in writing in such form as the secretary
30 shall prescribe any claimed corrections to the list as of
19810H1300B2899 - 173 -
1 December 31 of the tax year for which the returns were filed,
2 specifying the basis for each claim. Should the school district
3 claim that any address listed properly should be carried upon
4 the list of another school district, the reporting school
5 district shall notify the other school district of its claim,
6 and a copy of the notice shall accompany the report hereby
7 required. Within ten days of receipt of the notice, the other
8 school district may notify the Secretary of Revenue in writing
9 in such form as the secretary shall prescribe of its
10 nonconcurrence with the claim made by the reporting school
11 district, specifying the basis for its nonconcurrence. Failure
12 to report or notify the Secretary of Revenue of any claimed
13 correction or nonconcurrence as herein provided shall be deemed
14 a concurrence.
15 (b) Review and adjustments.--Upon receipt of the reports and
16 notices provided for in subsection (a), the Department of
17 Revenue, with the cooperation of the Department of Education,
18 shall cause them to be reviewed, make such adjustments or
19 corrections as it may deem necessary and appropriate and, based
20 upon the corrected list, shall make its determination of the
21 valuation of total taxable income to be certified to the
22 Department of Education. The certified determination shall be
23 final and not subject to further review or appeal with respect
24 to the tax year involved.
25 (c) Confidentiality.--Provision by the Department of Revenue
26 of the list of addresses and school identification code or
27 number to the school districts and use thereof by the school
28 districts for the purposes of this section shall be deemed an
29 official use and not a violation of subsection (f) of section
30 353 of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax
19810H1300B2899 - 174 -
1 Reform Code of 1971," but the use or disclosure of the contents
2 of any list by any person for any purpose other than that set
3 forth by this section or as otherwise permitted by law shall be
4 unlawful and in violation of section 353(f) of the "Tax Reform
5 Code of 1971."
6 SUBCHAPTER C
7 BUILDING CONSTRUCTION
8 Sec.
9 2931. Site costs.
10 2932. Building costs.
11 2933. Approval of leases and sinking fund charges.
12 2934. Payments on pre-1957 leases and contracts.
13 2935. Payments on other leases and contracts.
14 2936. Approved reimbursement.
15 2937. Change in rentals.
16 2938. Districts eligible under density factor.
17 2939. Method of payments on rentals.
18 2940. Payments on rentals of facilities for school use.
19 2941. Separate contract requirement. <--
20 § 2931. Site costs.
21 Whenever any school district acquires a site for a school
22 building in advance of its need and in accordance with a long-
23 range development plan for school building construction approved
24 by the State board to the extent that the cost of the
25 acquisition shall be deemed reasonable by the department, the
26 Commonwealth shall pay, in the year of acquisition, 100% of the
27 reimbursement due the district under applicable statutes in
28 force at that time for the cost of acquisition. If the site is
29 not thereafter used by the district for school building purposes
30 within a period of ten years from date of purchase, the amounts
19810H1300B2899 - 175 -
1 paid under this section shall be returned to the Commonwealth by
2 the district within two years of the end of the ten-year period
3 of nonuse. If the amounts are not returned within the two-year
4 period, Commonwealth moneys due and payable to the district by
5 the department as a subsidy or reimbursement for any purpose
6 shall first be withheld in the amount of the moneys owed the
7 Commonwealth by the district under this section and credited as
8 returned in full before any part of the Commonwealth
9 reimbursement or subsidy is paid to the district.
10 § 2932. Building costs.
11 (a) Preliminary payments.--The Commonwealth shall pay to any
12 school district making a preliminary payment on account of the
13 approved building construction cost, as authorized by this
14 title, an amount determined by multiplying the district capital
15 account reimbursement fraction computed for the year 1967 or aid
16 ratio, whichever is greater, by the amount of the payment made
17 by the school district.
18 (b) Full payments.--Whenever any school district provides
19 the full payment on account of approved building construction
20 cost without incurring debt or without assuming a lease, the
21 Commonwealth shall pay to the school district an amount
22 determined by multiplying the district capital account
23 reimbursement fraction computed for the year 1967 or aid ratio,
24 whichever is greater, by the amount of the payment made by the
25 school district.
26 (c) Fiscal year of payment.--The payment required by this
27 section shall be made for the fiscal year in which the school
28 district made its payment on account of the approved building
29 construction cost.
30 § 2933. Approval of leases and sinking fund charges.
19810H1300B2899 - 176 -
1 (a) General rule.--No payment shall be made to any school
2 district on account of any lease entered into with the State
3 Public School Building Authority or any municipal authority or
4 any profit or nonprofit corporation, partnership, association,
5 or person, or on account of sinking fund charges on indebtedness
6 for school buildings, unless the lease or sinking fund charge is
7 approved by the department in accordance with Chapter 49
8 (relating to physical plant and construction).
9 (b) Disapproval or modification.--The department shall have
10 the right to disapprove or approve with reservation a lease
11 because of any failure on the part of the authority or school
12 district to comply with the provisions of the statutes of this
13 Commonwealth relating to the authority or profit or nonprofit
14 corporation, partnership, association, or person, or school
15 district, only to such extent as will prevent the school
16 district from paying a greater sum as rental because of the
17 noncompliance with law. For that purpose, the department may
18 require a modification of the lease if not at the time executed
19 or may approve the lease with the reservation that the
20 department will pay the reimbursement on that amount only which
21 would have been determined by reason of the lower rental.
22 (c) Inspection prior to approval.--The department shall not
23 approve any project for which Commonwealth reimbursement is
24 sought unless an inspection has been made by the department of
25 the location and adequacy of existing school facilities and the
26 determination made that existing facilities are inadequate in
27 terms of prevailing educational standards.
28 § 2934. Payments on pre-1957 leases and contracts.
29 (a) Pre-1953 leases or contracts.--The Commonwealth shall
30 pay annually to each school district erecting or sharing in the
19810H1300B2899 - 177 -
1 erection of a building or buildings or providing educational
2 equipment under the provisions of the act of July 5, 1947
3 (P.L.1217, No.498), known as the "State Public School Building
4 Authority Act," for every lease or contract entered into or
5 approved by the department prior to August 26, 1953, and to each
6 school district which shall have entered into a lease approved
7 by the department prior to August 26, 1953, with a municipality
8 authority or with a nonprofit corporation for the rental of a
9 school building or buildings or providing educational equipment,
10 an amount to be determined by multiplying the school district's
11 capital account reimbursement fraction computed for the year
12 1967 or aid ratio, whichever is greater, by the annual rental
13 charge as fixed by the State Public School Building Authority or
14 by the annual rental or share thereof provided for under its
15 lease with the municipality authority or nonprofit corporation,
16 as the case may be.
17 (b) 1953-1956 leases.--The Commonwealth shall pay annually
18 to each school district erecting or sharing in the erection of a
19 building or buildings under the provisions of the "State Public
20 School Building Authority Act" for every lease approved by the
21 department on or after August 26, 1953, but prior to March 22,
22 1956, and to each school district which shall have entered into
23 a lease approved by the department on or after August 26, 1953,
24 but prior to March 22, 1956, with a municipality authority or
25 with a nonprofit corporation for the rental of a school building
26 or buildings, an amount to be determined by multiplying the
27 school district's capital account reimbursement fraction
28 computed for the year 1967 or aid ratio, whichever is greater,
29 by that portion of the annual rental charge or share thereof
30 provided for under its lease with the State Public School
19810H1300B2899 - 178 -
1 Building Authority or municipality authority or nonprofit
2 corporation, as the case may be, sufficient during the period of
3 the lease to pay the cost of acquiring or constructing the
4 school buildings, the cost of acquiring the land upon which the
5 school buildings are situated and the interest on the cost.
6 § 2935. Payments on other leases and contracts.
7 (a) Post-1956 leases or contracts.--The Commonwealth shall
8 pay annually to each school district erecting or sharing in the
9 erection of a building or buildings under the provisions of the
10 act of July 5, 1947 (P.L.1217, No.498), known as the "State
11 Public School Building Authority Act," or the act of May 2, 1945
12 (P.L.382, No.164), known as the "Municipality Authorities Act of
13 1945," on account of buildings for which the lease is approved
14 on or after March 22, 1956, or through the incurring of
15 indebtedness by the issuance of general obligation bonds on
16 account of buildings for which the general construction contract
17 is awarded on or after March 22, 1956, an amount to be
18 determined by multiplying the district capital account
19 reimbursement fraction computed for the year 1967 or aid ratio,
20 whichever is greater, by the approved reimbursable rental or
21 approved reimbursable sinking fund charge.
22 (b) Vocational-technical buildings.--The Commonwealth shall
23 pay annually to each school district which constructs, purchases
24 or leases with the approval of the department an area
25 vocational-technical school building or which shares in the
26 construction, purchase or lease of the building or buildings
27 under the provisions of the "State Public School Building
28 Authority Act" or the "Municipality Authorities Act of 1945," or
29 other agency, or through the incurring of indebtedness by the
30 issuance of general obligation bonds, an amount to be determined
19810H1300B2899 - 179 -
1 by multiplying the district aid ratio or 50%, whichever is
2 greater, by the approved reimbursable rental or approved
3 reimbursable sinking fund charge multiplied by the district
4 proportionate share of the rental sinking fund charge.
5 § 2936. Approved reimbursement.
6 (a) Rental or sinking fund charges.--For school building
7 projects for which the general construction contract is awarded
8 subsequent to March 22, 1956, and for approved school building
9 projects for which the general construction contract was awarded
10 but for which a lease was not approved by the department prior
11 to March 22, 1956, the department shall calculate approved
12 reimbursable rental or approved reimbursable sinking fund
13 charges. Reimbursable sinking charges may include charges for
14 temporary indebtedness within constitutional limitations if the
15 indebtedness is incurred for approved permanent improvements to
16 the school plant, including the cost of acquiring a suitable
17 site for a school building, the cost of constructing a new
18 school building, or the cost of providing needed additions or
19 alterations to existing buildings, for which no bond issue is
20 provided and for which an approved obligation or obligations
21 other than bonds have been issued and the obligation or
22 obligations are payable within five years from the date of issue
23 of the obligation in equal annual installments. Approved
24 reimbursable rental or sinking fund charge shall consist of that
25 part of the annual rental or sinking fund charge attributable
26 to:
27 (1) the cost of acquiring the land upon which the school
28 buildings are situated, the cost of necessary rough grading
29 to permit proper placement of the building upon the land and
30 the cost of sewage treatment plants, as required by the
19810H1300B2899 - 180 -
1 Department of Environmental Resources, to the extent that the
2 costs are deemed reasonable by the Department of Education,
3 and the interest on the costs of acquisition, grading and
4 sewage treatment plants earned subsequent to the date the
5 construction contract is awarded; and
6 (2) the approved building construction cost and the
7 interest on the construction cost.
8 (b) New building construction cost.--For new school
9 buildings the approved buildings construction cost shall be the
10 lesser of:
11 (1) the cost of constructing the school buildings
12 including the cost of essential fixtures and equipment but
13 excluding architect fees in excess of 6% of the contract
14 price; or
15 (2) (i) for school buildings for which the general
16 construction contract is awarded prior to July 1, 1966,
17 and for approved school building projects for which a
18 lease was approved by the department prior to July 1,
19 1966, the product of the rated student capacity as
20 determined by the department at the time the project is
21 approved; and
22 (A) $1,100 in the case of elementary schools;
23 (B) $1,700 in the case of secondary schools; or
24 (C) an amount in the case of combined
25 elementary-secondary schools obtained by multiplying
26 the rated elementary student capacity by $1,100 and
27 the rated secondary student capacity by $1,700 and
28 dividing the sum by the total rated student capacity;
29 or
30 (ii) for school buildings for which the general
19810H1300B2899 - 181 -
1 construction contract is awarded subsequent to July 1,
2 1966 and for approved school buildings projects for which
3 the general construction contract was awarded but for
4 which a lease was not approved by the department prior to
5 July 1, 1966, the product of the rated student capacity
6 as determined by the department at the time the project
7 is approved; and
8 (A) $2,300 in the case of elementary schools;
9 (B) $3,000 in the case of secondary schools; or
10 (C) an amount in the case of combined
11 elementary-secondary schools obtained by multiplying
12 the rated elementary student capacity by $2,300 and
13 the rated secondary student capacity by $3,000 and
14 dividing the sum by the total rated student capacity.
15 (c) Additions or alterations.--For additions or alterations
16 to existing buildings, approved building construction cost shall
17 be the lesser of:
18 (1) the cost of constructing the additions or
19 alterations including the cost of essential fixtures and
20 equipment but excluding architect fees in excess of 6% of the
21 contract price; or
22 (2) (i) for all school building projects for which the
23 general construction contract is awarded prior to July 1,
24 1966, and for approved school building projects for which
25 a lease was approved by the department prior to July 1,
26 1966, the difference obtained by subtracting the
27 appraisal value of the existing buildings from the
28 product of rated student capacity of the altered or
29 expanded buildings as determined by the department at the
30 time the project is approved; and
19810H1300B2899 - 182 -
1 (A) $1,100 in the case of elementary schools;
2 (B) $1,700 in the case of secondary schools; or
3 (C) an amount in the case of combined
4 elementary-secondary schools obtained by multiplying
5 the rated elementary student capacity of the altered
6 or expanded building by $1,100 and the rated
7 secondary student capacity of the altered or expanded
8 building by $1,700 and dividing the sum by the total
9 rated student capacity of the altered or expanded
10 building; or
11 (ii) for school buildings for which the general
12 construction contract is awarded subsequent to July 1,
13 1966, and for approved school building projects for which
14 the general construction contract was awarded but for
15 which a lease was not approved by the department prior to
16 July 1, 1966, the difference obtained by subtracting the
17 appraisal value of the existing building from the product
18 of rated student capacity of the altered or expanded
19 buildings as determined by the department at the time the
20 project is approved; and
21 (A) $2,300 in the case of elementary schools;
22 (B) $3,000 in the case of secondary schools; or
23 (C) an amount in the case of combined
24 elementary-secondary schools obtained by multiplying
25 the rated elementary student capacity of the altered
26 or expanded building by $2,300 and the rated
27 secondary student capacity of the altered or expanded
28 building by $3,000 and dividing the sum by the total
29 rated student capacity of the altered or expanded
30 building.
19810H1300B2899 - 183 -
1 For the purposes of this subsection, "appraisal value" means the
2 valuation made immediately before the additions or alterations
3 are begun by three competent appraisers, one appointed by the
4 governing board or boards, one by the secretary and the third by
5 the other two appraisers.
6 (d) Deduction of prior payments.--If the Commonwealth makes
7 any payment under section 2932 (relating to building costs) on
8 account of a preliminary payment by a school district on the
9 approved building construction cost, the amount of the
10 preliminary payment by the school district shall be subtracted
11 from the amount of the approved building construction cost for
12 the purpose of calculating the approved reimbursable rental on
13 projects undertaken pursuant to this title. If the Commonwealth
14 makes a payment of 50% under section 2931 (relating to site
15 costs) on account of the approved cost of the acquisition of a
16 site for a school building, the amount payable under this
17 section on account of the approved cost of site acquisition
18 shall be reduced by 50%.
19 (e) Payments for joint projects.--For purposes of
20 calculating the amount of rental reimbursement, the approved
21 reimbursable rental for a school project constructed for two or
22 more school districts shall annually be apportioned among the
23 participating school districts on the basis of the proportion
24 which the valuation of each district as certified by the State
25 Tax Equalization Board during the preceding school year bears to
26 the total valuation of all participating districts. In special
27 cases where the best interests of the Commonwealth and of the
28 school districts will be better served by permitting the
29 districts to establish for themselves some method other than
30 market valuation as the basis for determining their respective
19810H1300B2899 - 184 -
1 shares of the annual lease rental, the department may issue a
2 special order approving such method of sharing the rental and
3 authorizing that the rental reimbursement for that particular
4 project shall be calculated on the basis of the proportionate
5 share of rental actually paid by each school district.
6 (f) Vocational-technical projects.--
7 (1) For area vocational-technical school projects leased
8 subsequent to July 1, 1964, by or for lease to a board of
9 school directors authorized to operate the school, the
10 department shall calculate an approved reimbursable rental
11 charge. For area vocational-technical school projects
12 constructed or purchased subsequent to July 1, 1964, by a
13 board of school directors authorized to operate the school,
14 the department may calculate an approved reimbursable sinking
15 fund charge. Approved reimbursable rental or sinking fund
16 charge shall consist of that part of the annual rental or
17 sinking fund attributable to:
18 (i) The cost of acquiring land and preparing it for
19 use to the extent that the costs are deemed reasonable by
20 the department and the interest on the cost of
21 acquisition, cost of preparation and the cost of sewage
22 treatment and the interest on the cost.
23 (ii) Machinery, apparatus, furniture and equipment
24 and all other necessary expenses and interest charges,
25 but excluding architects fees in excess of 6% of the
26 construction cost.
27 (2) The approved building construction cost and the
28 interest on the construction cost shall not exceed the
29 product of the rated full-time student capacity, as
30 determined by the department at the time the project is
19810H1300B2899 - 185 -
1 approved, and:
2 (i) the sum of $2,200 for all school building
3 projects for which the general construction contract is
4 awarded prior to July 1, 1966, and for approved school
5 building projects for which a lease was approved by the
6 department prior to July 1, 1966; or
7 (ii) the sum of $3,700 for school buildings for
8 which the general construction contract is awarded
9 subsequent to July 1, 1966, and for approved school
10 building projects for which the general construction
11 contract was awarded but for which a lease was not
12 approved by the department prior to July 1, 1966.
13 (3) The department shall not approve the expenditure of
14 any funds borrowed or obtained by the sale of bonds by any
15 authority, nonprofit corporation, profit corporation, company
16 or individual for construction of area vocational-technical
17 schools for bleachers, athletic fields, lighting equipment or
18 apparatus used to promote and conduct interscholastic
19 athletics.
20 (g) Purchase of buildings.--For the purchase of any
21 building, reimbursement shall be computed in the same manner as
22 for constructed school buildings and approved building cost
23 shall be the lesser of:
24 (1) the cost of purchasing the site and structure and
25 the cost of approved renovations including appropriate
26 fixtures and equipment; or
27 (2) (i) for the purchase of any building, the product of
28 the rated student capacity, as determined by the
29 department at the time the purchase is approved, and
30 $1,100 in the case of elementary schools, $1,700 in the
19810H1300B2899 - 186 -
1 case of secondary schools, and an amount in the case of
2 combined elementary-secondary schools obtained by
3 multiplying the rated elementary student capacity by
4 $1,100 and the rated secondary student capacity by $1,700
5 and dividing the sum by the total rated student capacity;
6 and
7 (ii) in the case of renovation of any building
8 including appropriate fixtures and equipment,
9 reimbursement shall be $1,200 for elementary schools,
10 $1,300 for secondary schools, and for combined
11 elementary-secondary schools an amount obtained by
12 multiplying the rated elementary capacity by $1,200, and
13 the rated secondary capacity by $1,300 and dividing that
14 sum by the total rated student capacity.
15 § 2937. Change in rentals.
16 Reimbursements to school districts on account of rental
17 payments in excess of the amount specified in the lease between
18 the school districts and the State Public School Building
19 Authority or any municipality authority or profit or nonprofit
20 corporation, partnership, association or person, or in the case
21 of refinancing on account of rental payments provided by a
22 renegotiated lease, shall be calculated in the same manner as
23 the specified lease rental.
24 § 2938. Districts eligible under density factor.
25 Beginning with the school year 1965-1966 and in each school
26 year thereafter, to districts eligible under the density factor,
27 payments on leases or sinking fund charges shall be no less than
28 50% of the approved reimbursable rental or sinking fund charge
29 for a school building project. The payments shall be made as
30 required by the terms of any agreement entered into by the
19810H1300B2899 - 187 -
1 school district with the approval of the department.
2 § 2939. Method of payments on rentals.
3 (a) General rule.--Payments to a school district shall be
4 determined and approved by the department. The amount approved
5 shall be included in and be payable from future appropriations
6 made to the department. Payments to school districts shall be
7 made semiannually where the school district lease agreement
8 specifies that lease payments shall be paid semiannually.
9 (b) Vocational-technical schools.--All payments due school
10 districts by the Commonwealth on account of obligations to the
11 State Public School Building Authority, sinking fund charges or
12 rentals under leases with municipality authorities, profit or
13 nonprofit corporations, partnerships, associations or persons
14 for building or educational equipment for area vocational-
15 technical schools, shall be paid to the area vocational-
16 technical school board operating the school. School districts
17 not originally parties to an agreement with the State Public
18 School Building Authority or a lease with a municipality
19 authority, a profit or nonprofit corporation, partnership,
20 association or person for buildings or educational equipment for
21 an area vocational-technical school but later electing to
22 participate in the operation of the school and agreeing to pay a
23 part of the annual payments due under the agreement or lease
24 shall be entitled to payments by the Commonwealth to the extent
25 as though they had originally been parties to the agreement or
26 lease. The amount thereof shall be paid to the area vocational-
27 technical school board. No payments shall be made on account of
28 obligations or rentals for buildings or educational equipment
29 for area vocational-technical schools unless the schools conform
30 to plans approved by the State Board for Vocational Education.
19810H1300B2899 - 188 -
1 § 2940. Payments on rentals of facilities for school use.
2 (a) General rule.--The Commonwealth shall pay annually for
3 the school year 1972-1973 and each school year thereafter, to
4 each school district which leases, with the approval of the
5 department, buildings and facilities for school use under the
6 provisions of section 4943 (relating to lease of buildings
7 constructed or altered for school use) an amount to be
8 determined by multiplying the district's aid ratio by the
9 approved reimbursable annual rental, as computed by the
10 department. In the case of districts eligible under the density
11 factor, the annual payment shall be no less than 50% of the
12 approved reimbursable annual rental.
13 (b) Reimbursable rental for constructed facilities.--The
14 approved reimbursable annual rental for approved leases of
15 buildings constructed for school use shall be the lesser of:
16 (1) the product of the annual rental payable under the
17 provisions of approved lease agreement times the ratio of the
18 student scheduled area to the architectural area; or
19 (2) the product of the rated student capacity as
20 determined by the department at the time of initial lease
21 times $160 for elementary schools, $220 for secondary schools
22 or $270 for area vocational-technical schools.
23 (c) Reimbursable rental for altered facilities.--The annual
24 approved rental payable for approved leases of existing
25 facilities altered for school use shall be the lesser of:
26 (1) the product of the annual rental payable under the
27 provisions of the approved lease agreement times the ratio of
28 the student scheduled area to the architectural area; or
29 (2) the product of the rated student capacity as
30 determined by the department at the time of initial lease
19810H1300B2899 - 189 -
1 times $112 for elementary, $154 for secondary or $189 for
2 area vocational-technical schools.
3 § 2941. Separate contract requirement. <--
4 In the preparation of specifications for the construction or
5 alteration of any school building, when the entire cost of the
6 work exceeds $2,500, it shall be the duty of the architect,
7 engineer or other person preparing the specifications to prepare
8 separate specifications for the plumbing, heating, ventilating
9 and electrical work. The board shall receive separate bids upon
10 each of the branches of work and shall award the contract for
11 them to the lowest responsible bidder for each of the branches.
12 SUBCHAPTER D
13 DRIVER EDUCATION
14 Sec.
15 2943. Payments for driver education.
16 § 2943. Payments for driver education.
17 (a) Payments to school districts.--Every school district
18 complying with the standardized driver education program
19 established by the department shall be paid by the Commonwealth
20 from the Motor License Fund an amount to be determined by
21 multiplying the number of students who have completed the
22 secondary school standardized driver education program conducted
23 by any given school district by a basic figure of $35 per
24 student.
25 (b) Department administrative costs.--Annual expenditures of
26 the department from the Motor License Fund for:
27 (1) salaries and expenses of employees of the department
28 essential to the program;
29 (2) purchase of visual training aids and psychophysical
30 testing equipment; and
19810H1300B2899 - 190 -
1 (3) costs of preparation, publication and distribution
2 of driver education instructional material, for assistance to
3 the driver education programs;
4 shall not exceed 3% of the annual total amount paid by the
5 Commonwealth to all school districts on account of standardized
6 driver education programs.
7 SUBCHAPTER E
8 EXCEPTIONAL STUDENTS
9 Sec.
10 2945. Payments for special education personnel and equipment.
11 2946. Payments for special education courses.
12 § 2945. Payments for special education personnel and equipment.
13 (a) General rule.--The Commonwealth shall reimburse school
14 districts on account of special education for the cost of
15 readers, helpers, guides, aids, appliances, special school books
16 and supplies and devices for any student between 6 and 21 years
17 of age who is blind, partially sighted, deaf, hard of hearing or
18 afflicted with cerebral palsy and who is enrolled, with the
19 approval of the department, in any of the public schools of this
20 Commonwealth, an amount equal to the costs of the services and
21 equipment multiplied by the district's aid ratio.
22 (b) Maximum amount of payment.--The total expenditure by the
23 Commonwealth under this section shall not exceed 75% of a sum
24 which would have been expended for the tuition and maintenance
25 of the student in a residential school for the blind, including
26 partially sighted, deaf, hard of hearing or those afflicted with
27 cerebral palsy, that has been approved by the department.
28 (c) Establishment of standards.--The secretary shall
29 establish such necessary standards as he may deem necessary for
30 carrying out the provisions of this section.
19810H1300B2899 - 191 -
1 § 2946. Payments for special education courses.
2 (a) General rule.--Every school district shall be paid by
3 the Commonwealth an amount to be determined by multiplying the
4 average daily membership in a course or courses for exceptional
5 students approved by the department as follows:
6 (1) At the elementary level, by an amount determined by
7 subtracting the "instruction cost per elementary student" as
8 defined in section 2972 (relating to determination of charges
9 for nonresident students) from the "instruction cost per
10 exceptional class student" as determined in this section for
11 the preceding fiscal year, or from the instruction expense
12 per exceptional class elementary student as approved for
13 reimbursement by the department in the budget for classes or
14 schools for exceptional students for the fiscal year in which
15 the class is operated, whichever is lesser.
16 (2) At the secondary level, by an amount determined by
17 subtracting the "instruction cost per secondary student" as
18 defined in section 2972 from the "actual instruction expense
19 per exceptional class student" as determined in this section
20 for the preceding school year, or from the instruction
21 expense per exceptional class secondary student as approved
22 for reimbursement by the department in the budget for classes
23 or schools for exceptional students for the fiscal year in
24 which the class is operated, whichever is lesser.
25 (b) Determining actual instruction expense.--"Actual
26 instruction expense per exceptional class student" is determined
27 as follows:
28 (1) (i) Salaries of directors and supervisors of special
29 education, public school psychologists, principals of
30 special schools and assistants, teachers of approved
19810H1300B2899 - 192 -
1 classes for exceptional children, clerks and assistants
2 employed in the school district's program for special
3 education.
4 (ii) The school district's contribution to the
5 retirement fund on behalf of the persons listed in
6 subparagraph (i).
7 (iii) The cost of textbooks and supplies used in the
8 school district's special education classes or schools.
9 (iv) The cost of telephonic system equipment which
10 enables handicapped children to remain in their homes and
11 still participate in classroom activities.
12 (2) Divide the sum obtained under paragraph (1), or that
13 part thereof which is approved by the department for
14 reimbursement by the total number of students, including
15 students who have available for use telephonic system
16 equipment whereby they may remain at home and still
17 participate in classroom activities, in average daily
18 membership in the school district's approved classes for
19 exceptional children. The quotient so obtained shall be the
20 "actual instruction expense per special class student."
21 (c) Speech correction class daily membership.--The average
22 daily membership of speech correction classes shall be
23 calculated as follows:
24 (1) Multiply the average number of students in speech
25 correction classes per week by:
26 (i) the number of periods per week that speech
27 correction is provided for the individual student; and
28 (ii) the number of minutes per period in speech
29 correction class.
30 (2) Divide the product obtained under paragraph (1) by
19810H1300B2899 - 193 -
1 the total number of minutes spent in all classes weekly by
2 the average student. The quotient thus obtained will be the
3 "average daily membership for students in speech correction
4 classes."
5 (d) Amount of advance payment.--For the fiscal year 1972-
6 1973 and for each fiscal year thereafter, the payments shall
7 consist of an amount payable in two equal installments during
8 the fiscal year with adjustments to be made during the next
9 succeeding fiscal year. The amount to be paid in equal
10 installments on or about August 1 and on or about January 1
11 shall be the sum of the products determined by multiplying the
12 anticipated equivalent full-time average daily membership in
13 courses for exceptional students as reported on the approved
14 budget for the operating year:
15 (1) At the elementary level, times an amount determined
16 by subtracting the estimated instruction cost per elementary
17 student from the budgeted instruction cost per exceptional
18 class elementary student as approved by the department for
19 the operating year.
20 (2) At the secondary level, times an amount determined
21 by subtracting the estimated instruction cost per secondary
22 student from the budgeted instruction cost per exceptional
23 class secondary student as approved by the department.
24 (e) Adjustment following advance payments.--The adjustment
25 to be made during the fiscal year immediately succeeding the
26 operating year shall be determined by subtracting the advance
27 payments made during the preceding year from the actual amount
28 of reimbursement payable for the year under subsection (a). When
29 determined, the adjusted amount, if positive, shall be paid
30 promptly to the school district and, if negative, shall be
19810H1300B2899 - 194 -
1 withheld from moneys due to the school district out of any
2 Commonwealth appropriation.
3 SUBCHAPTER F
4 HEALTH SERVICES
5 Sec.
6 2949. Payments for health services.
7 § 2949. Payments for health services.
8 (a) General rule.--Every school entity which renders health
9 services to students shall be reimbursed by the Commonwealth on
10 account of health services which conform to standards approved
11 by the Secretary of Health. Reimbursements shall be paid by the
12 Secretary of Health EDUCATION. The amount of reimbursement shall <--
13 be the actual cost of the medical and dental services and school
14 nurse services as certified to the Secretary of Health EDUCATION <--
15 except that the reimbursement:
16 (1) For medical services shall not for any fiscal year
17 exceed the sum of $1.60 multiplied by the average daily
18 membership of students enrolled for that fiscal year and for
19 whom the school entity maintains comprehensive health records
20 as defined in section 4341 (relating to school health
21 services program).
22 (2) For dental services shall not for any fiscal year
23 exceed the sum of 80¢ multiplied by the average daily
24 membership of students enrolled for that fiscal year and for
25 whom the school entity maintains comprehensive health records
26 as defined in section 4341 and section 4747 (relating to
27 confidentiality of student records and communications).
28 (3) For school nurse services shall not for any fiscal
29 year exceed the sum of $7.00 multiplied by the average daily
30 membership of students enrolled for that fiscal year.
19810H1300B2899 - 195 -
1 (b) Alternate reimbursement for dental hygiene services.--
2 Every school entity which employs one or more dental hygienists
3 for the purpose of dental hygiene services to students shall be
4 reimbursed by the Commonwealth on account of services which
5 conform to standards approved by the Secretary of Health <--
6 EDUCATION. Reimbursement shall be made by the Secretary of <--
7 Health. The amount of reimbursement shall be the actual cost of
8 the dental hygiene services as certified to the Secretary of
9 Health EDUCATION, but for any fiscal year shall not exceed the <--
10 sum of $2 multiplied by the average daily membership of students
11 enrolled for the school year who receive the dental hygiene
12 services. Reimbursement under this subsection shall be in lieu
13 of any reimbursement provided in subsection (a) for dental
14 services.
15 (c) Limitations on reimbursements.--No reimbursement shall
16 be made under this section for services for which the
17 Commonwealth reimburses, in whole or in part, under any other
18 section of this title. Reimbursement on account of the
19 employment of school nurses shall be made under the provisions
20 of this section. Reimbursement on account of health services
21 rendered by a school entity may be withheld by the Secretary of
22 Health EDUCATION unless the actual expenditures for the health <--
23 services are certified to the Secretary of Health EDUCATION <--
24 within three months after the end of the fiscal year during
25 which the payment for the service was made by the school entity.
26 (d) Additional local expenditures authorized.--Any school
27 entity may expend for health services amounts in excess of the
28 reimbursable amounts.
29 SUBCHAPTER G
30 HOMEBOUND INSTRUCTION
19810H1300B2899 - 196 -
1 Sec.
2 2950. Payments for homebound instruction.
3 § 2950. Payments for homebound instruction.
4 Each school district shall be reimbursed by the Commonwealth
5 on account of instructing homebound students BY VISITING <--
6 TEACHERS an amount determined by multiplying the mandated
7 minimum hourly rate for instructing homebound students by the
8 district aid ratio. The mandated minimum hourly rate for
9 instructing homebound students is $4. WHEN A SCHOOL DISTRICT <--
10 PROVIDES INSTRUCTION FOR HOMEBOUND CHILDREN THROUGH THE USE OF
11 TELECOMMUNICATION SYSTEMS EQUIPMENT, THAT DISTRICT SHALL BE PAID
12 BY THE COMMONWEALTH 50% OF THE COST OF ACQUIRING OR LEASING AND
13 MAINTENANCE OF THE EQUIPMENT.
14 SUBCHAPTER H
15 INTERMEDIATE UNITS
16 Sec.
17 2951. Payments to intermediate units.
18 2952. General operating subsidy.
19 2953. Capital subsidy.
20 2954. Contracts with private residential rehabilitative
21 institutions.
22 § 2951. Payments to intermediate units.
23 (a) Allocation of Commonwealth funds.--For the fiscal year
24 1977-1978 and each fiscal year thereafter the Commonwealth shall
25 pay to intermediate units an amount equal to the product of the
26 Statewide median actual instruction expense per weighted average
27 daily membership (WADM) by the product of 0.45% and the average
28 daily membership (ADM) of all school districts in this
29 Commonwealth as determined by the department according to the
30 latest actual data available.
19810H1300B2899 - 197 -
1 (b) Basic payment.--For the fiscal year 1977-1978 and each
2 fiscal year thereafter each intermediate unit shall be paid the
3 amount it received from the Commonwealth for the fiscal year
4 1976-1977.
5 (c) Additional payment.--In addition to the amount paid to
6 each intermediate unit under subsection (b), each intermediate
7 unit shall be paid for the fiscal year 1977-1978 and each fiscal
8 year thereafter an amount determined by subtracting the total
9 payments under subsection (b) from the total allocation under
10 subsection (a) divided by the average daily membership (ADM) of
11 all school districts in this Commonwealth multiplied by the
12 average daily membership (ADM) of all component school districts
13 in the intermediate unit as determined by the department
14 according to the latest actual data available.
15 (d) Determination of amount for succeeding year.--In January
16 of each year the department shall determine for each
17 intermediate unit the amount to be received for the succeeding
18 fiscal year.
19 § 2952. General operating subsidy.
20 (a) Annual submission of budget.--On or before May 1 of each
21 year, each intermediate unit shall submit to the department for
22 prior review and approval a budget statement estimating the cost
23 of operating and administering the intermediate unit program of
24 services for the ensuing fiscal year.
25 (b) Time of payment.--In May of each year the department
26 shall estimate the amount to be paid by the Commonwealth to each
27 intermediate unit based upon approved budgets. In July of each
28 year the Commonwealth shall pay to each intermediate unit an
29 advance payment equal to one-half of the estimated amount. In
30 December of each year the Commonwealth shall pay to each
19810H1300B2899 - 198 -
1 intermediate unit the balance of the estimated amount less any
2 Commonwealth funds paid in the previous fiscal year which were
3 unexpended or unencumbered at the end of the previous fiscal
4 year.
5 (c) Federal payments excluded in computations.--In computing
6 approved amounts the department shall not consider Federal
7 payments and payments by the Commonwealth on behalf of the
8 Federal Government.
9 § 2953. Capital subsidy.
10 (a) Approval of leases.--All leases for office space,
11 classrooms, warehouse space and similar facilities shall be pre-
12 approved by the department.
13 (b) Allocation of Commonwealth funds.--For the fiscal year
14 1977-1978 and each fiscal year thereafter, in addition to any
15 payments required under section 2951 (relating to payments to
16 intermediate units), the Commonwealth shall allocate to the
17 intermediate units on account of approved leases an amount to be
18 determined as follows based on the latest actual data available
19 to the department:
20 (1) Obtain the product of the number of students in
21 average daily membership (ADM).
22 (2) Multiply the product of paragraph (1) by the median
23 actual instruction expense per weighted average daily
24 membership of all the school districts.
25 (3) Multiply the product of paragraph (2) by 0.03%.
26 (c) Amount of payments.--The distribution to each
27 intermediate unit shall be computed by applying the intermediate
28 unit aid ratio to each approved lease payment. The aid ratio
29 computed initially shall apply as a minimum for the duration of
30 the lease but no intermediate unit shall receive less on account
19810H1300B2899 - 199 -
1 of approved leases than it received for the fiscal year 1976-
2 1977.
3 (d) Effect of insufficient funds.--Where the allocations
4 under this section do not satisfy lease reimbursement
5 requirements, each intermediate unit shall receive a pro rata
6 share of the amount determined by the formula in this section.
7 § 2954. Contracts with private residential rehabilitative
8 institutions.
9 If a private residential rehabilitative institution or day-
10 treatment program of that institution enters into a contract
11 contemplated by this section for 1980-1981 with its intermediate
12 unit, payments to the institution may be made for educational
13 expenses for the entire 1979-1980 fiscal year from the
14 appropriation made to the Department of Public Welfare contained
15 in the act of July 4, 1979 (P.L.626, No.9A), known as the
16 "General Appropriation Act of 1979," under the item "for payment
17 of costs for basic education programs to be conducted at
18 selected approved private facilities." Notwithstanding any
19 automatic or general lapsing provisions of the "General
20 Appropriation Act of 1979" to the contrary, such line item
21 appropriation shall not lapse until June 30, 1981. If such
22 appropriation is not sufficient to reimburse the actual expenses
23 of all eligible institutions, total reimbursement to each
24 institution shall be proportionately reduced so that the total
25 amount of the reimbursements falls within the limits of the
26 appropriation.
27 SUBCHAPTER I
28 MIGRANT CHILDREN
29 Sec.
30 2956. Payments for migratory children.
19810H1300B2899 - 200 -
1 § 2956. Payments for migratory children.
2 (a) Definition.--As used in this section "migratory child"
3 means any child domiciled temporarily in any school district for
4 the purpose of seasonal agricultural employment but not
5 acquiring residence therein and any child accompanying his
6 parents or guardian who are so domiciled.
7 (b) General rule.--Every school district shall be paid the
8 sum of $1 per day not to exceed 40 days during any school year
9 for each migratory child attending any of its public schools.
10 SUBCHAPTER J
11 POVERTY CHILDREN
12 Sec.
13 2957. Payments for poverty children.
14 § 2957. Payments for poverty children.
15 (a) General rule.--Each school district of the second class
16 shall be paid an amount on account of children of low income
17 families equal to the sum of the following multiplied by $200
18 and each school district of the first class and first class A
19 shall be paid an amount on account of children of low income
20 families equal to the sum of the following multiplied by $165:
21 (1) The number of children 5 to 17 years of age,
22 inclusive, in the school district of families having an
23 annual income of less than $2,000.
24 (2) The number of children 5 to 17 years of age,
25 inclusive, in the school district of families receiving a
26 grant in excess of $2,000 for Commonwealth payments on
27 account of dependent children under Title IV of the Federal
28 Social Security Act as certified by the Department of Public
29 Welfare.
30 (b) Minimum number of children counted.--For the purpose of
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1 this section, for the fiscal year 1973-1974 and each fiscal year
2 thereafter, in each school district not less than the number of
3 children shall be counted in each category as were counted for
4 the fiscal year 1972-1973.
5 (c) Formula for determining additional special assistance
6 grants.--Each school district shall be paid on account of low
7 income families an amount equal to the sum of the number of
8 children of low income families in the district multiplied by
9 the grant per poverty child fixed for the percentage category of
10 poverty children in average daily membership in the school
11 district according to the following tables:
12 (1) School districts of the first class and first class
13 A.--
14 Percentage Category Grant Per
15 of Poverty Children Poverty Child
16 15% - 19.9% $ 30
17 20% - 24.9$ $ 60
18 25% - 29.9% $ 85
19 30% - 34.9% $135
20 35% and over $150
21 (2) School districts of the second class.--
22 Percentage Category Grant Per
23 of Poverty Children Poverty Child
24 15% - 19.9% $ 30
25 20% - 24.9% $ 60
26 25% - 29.9% $ 85
27 30% - 34.9% $150
28 35% and over $200
29 SUBCHAPTER K
30 TRANSPORTATION
19810H1300B2899 - 202 -
1 Sec.
2 2961. Payments for transportation.
3 2962. Board and lodging in lieu of transportation.
4 2963. Exceptional students and institutionalized children.
5 2964. Migratory children.
6 2965. Reimbursement for liquid fuels.
7 § 2961. Payments for transportation.
8 (a) General rule.--
9 (1) Each school district shall be paid on account of <--
10 student transportation which has been approved by the
11 department an amount to be determined by multiplying the cost
12 of approved reimbursable student transportation incurred by
13 the school district by the district's aid ratio. In addition
14 the Commonwealth shall pay to each qualifying school district
15 a payment for excessive cost of transportation to be
16 determined by subtracting from the cost of the approved
17 reimbursable transportation the sum of the basic Commonwealth
18 transportation payment plus the product of one-half mill
19 times the latest market value of the school district as
20 determined by the State Tax Equalization Board provided such
21 amount is not negative. In addition, the Commonwealth shall
22 pay to school districts which own their own vehicles an
23 annual depreciation charge of 10% to be calculated on the
24 basis of the approved cost at which the school district
25 acquired the vehicle for which depreciation is claimed. The
26 annual depreciation charge shall not exceed $1,000 for each
27 vehicle. The number of annual depreciation charges shall be
28 limited so that the total amount of payments shall not exceed
29 the cost of the vehicle as approved by the department at the
30 time of the purchase. In no case shall the Commonwealth pay,
19810H1300B2899 - 203 -
1 in depreciation charges, more than $15,000 for any one
2 vehicle. The depreciation charges paid to school districts
3 shall be subtracted from the basic allowance of the
4 reimbursement formula in determining approved reimbursable
5 transportation costs for the school district.
6 (2) With respect to school districts that contract for <--
7 transportation services, notwithstanding any provision of
8 this title to the contrary, the Commonwealth shall pay an
9 annual depreciation charge of $1,000 per vehicle to the
10 school districts that contract for transportation services
11 substantiated by the purchase invoice of the contracted
12 vehicle. These depreciation charges shall not be subject to
13 the school district's aid ratio. The number of annual
14 depreciation charges shall be limited so that the total
15 amount of payments shall not exceed the total cost of the
16 vehicle or $15,000, whichever is the lesser, so long as the
17 contractor owns the vehicle. In no event shall the
18 depreciation exceed the limits for district owned vehicles
19 provided by this section. The depreciation charges paid to
20 school districts for either district owned buses or buses
21 operated under contract shall be subtracted from the basic
22 allowance of the reimbursement formula in determining
23 approved reimbursable transportation costs for the school
24 district.
25 (b) Restrictions on payments.--Payments for student
26 transportation on account of the fiscal year 1972-1973 and every
27 fiscal year thereafter shall be made only in the following
28 cases:
29 (1) To all school districts for the transportation to
30 and from school of elementary students, including
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1 kindergarten, residing one and one-half miles or more by the
2 nearest public highway from the school in which the students
3 are enrolled and to which transportation is authorized under
4 this title or residing in areas where the road or traffic
5 conditions are such that walking constitutes a hazard to the
6 safety of the student when so certified by the Department of
7 Transportation. The Department of Transportation shall take
8 into account the presence of sidewalks along the highway, but
9 such presence or lack thereof shall not be controlling and
10 the department shall consider all relevant safety factors in
11 making its determination as to whether or not walking
12 constitutes a hazard to pupils. Elementary students include
13 nonresidents who are placed in the home of a resident or who
14 are residents of an orphanage or home or children's home or
15 other institution for the care and training of orphans or
16 other children.
17 (2) To all school districts for the transportation to
18 and from school of secondary students residing two miles or
19 more by the nearest public highway from the school in which
20 the students are enrolled and to which transportation is
21 authorized under this title or residing in areas where the
22 road or traffic conditions are such that walking constitutes
23 a hazard to the safety of the student when so certified by
24 the Department of Transportation. The Department of
25 Transportation shall take into account the presence of
26 sidewalks along the highway, but such presence or lack
27 thereof shall not be controlling and the department shall
28 consider all relevant safety factors in making its
29 determination as to whether or not walking constitutes a
30 hazard to pupils. Secondary students include nonresidents who
19810H1300B2899 - 205 -
1 are placed in the home of a resident or who are residents of
2 an orphanage or home or children's home or other institution
3 for the care and training of orphans or other children.
4 (3) To all school districts for students transported to
5 and from approved consolidated schools or approved joint
6 consolidated schools living one and one-half miles or more
7 from the school of attendance or residing in areas where the
8 road or traffic conditions are such that walking constitutes
9 a hazard to the safety of the student when so certified by
10 the Department of Transportation. The Department of
11 Transportation shall take into account the presence of
12 sidewalks along the highway, but such presence or lack
13 thereof shall not be controlling and the department shall
14 consider all relevant safety factors in making its
15 determination as to whether or not walking constitutes a
16 hazard to pupils. Consolidated schools or joint consolidated
17 schools are limited to schools which are approved as to
18 organization, control, location, equipment, course of study,
19 qualifications of teachers, methods of instruction, condition
20 of admission, expenditures of money, methods and means of
21 transportation and the contracts providing therefor.
22 (4) To all school districts for the transportation of
23 exceptional students regularly enrolled in exceptional
24 classes approved by the department or enrolled in a regular
25 class in which approved educational provisions are made for
26 them.
27 (5) To all school districts for students transported to
28 and from area vocational-technical schools.
29 (c) Nonpublic schools and hazardous conditions.--The
30 Commonwealth shall reimburse the school districts for the school
19810H1300B2899 - 206 -
1 year 1973-1974 and for each year thereafter for the approved
2 reimbursable costs incurred in providing transportation under
3 section 4351 (relating to transportation of resident students)
4 for nonpublic school students and under section 4352 (relating
5 to transportation facilities and liability insurance) for
6 hazardous conditions except that no school district shall
7 receive less than 50% of the approved reimbursable costs. The
8 Commonwealth shall also pay each school district an additional
9 $35 for each nonpublic school student transported in the fiscal
10 year 1978-1979 and each fiscal year thereafter.
11 § 2962. Board and lodging in lieu of transportation.
12 In any case where the Commonwealth is required to reimburse
13 any school district on account of student transportation and the
14 school district, in lieu of transportation, is authorized to and
15 does pay for suitable board and lodging for any student, the
16 Commonwealth shall pay to the school district an amount to be
17 determined by multiplying the cost of the board and lodging by
18 the district's aid ratio except that in no case shall the
19 Commonwealth's share of the cost exceed $1 per day per student
20 for the actual number of days such student is in attendance at
21 school, not exceeding five days in any one week.
22 § 2963. Exceptional students and institutionalized children.
23 (a) General rule.--Annually, before July 1, every
24 intermediate unit shall submit for prior review and approval by
25 the department an estimate of the cost of operating and
26 administering classes or schools for exceptional students and
27 institutionalized children, including the cost of fiscal
28 controls and auditing and the necessary treasurer and secretary
29 bonds, to be operated by the intermediate unit during the
30 ensuing fiscal year, and for transportation of students to and
19810H1300B2899 - 207 -
1 from classes and schools for exceptional students or
2 institutionalized children (including children in detention
3 centers or State-funded or State-operated institutions), whether
4 or not conducted by the intermediate unit. On or before August
5 1, the Commonwealth shall pay to the intermediate unit a sum
6 equal to one-half of the approved estimated annual cost of
7 operation and administration of classes and schools for
8 exceptional students and institutionalized children and
9 transportation for exceptional students and institutionalized
10 children and, on or before January 1, shall pay an equal sum, or
11 a lesser sum as may be shown to be necessary by an adjusted
12 budget based upon expenditures during the first half of the
13 fiscal year.
14 (b) Unexpended funds and formula.--At the end of each school
15 year all unexpended funds shall be credited to the Commonwealth
16 payments due for the succeeding fiscal year on account of the
17 operation of the classes or, upon direction of the department,
18 shall be returned to the Commonwealth. The funds returned are
19 hereby specifically appropriated to the department for support
20 of schools and classes and transportation for exceptional
21 students and institutionalized children. For each student
22 enrolled in any class or school operated by an intermediate
23 unit, the school district in which the student is resident shall
24 pay to the Commonwealth a sum equal to the "tuition charge per
25 elementary student" or the "tuition charge per secondary
26 student" as determined for the schools operated by the school
27 district, based upon the costs of the preceding school year as
28 provided for in this title. In the event that any school
29 district has not established a "tuition charge per elementary
30 student" or "tuition charge per secondary student," the
19810H1300B2899 - 208 -
1 department shall fix a reasonable charge for the school district
2 for the year in question. In addition, the school district shall
3 pay on account of transportation by the intermediate unit of
4 students to and from classes and schools for exceptional
5 students and institutionalized children, whether or not
6 conducted by the intermediate unit, an amount to be determined
7 by subtracting from the cost of transportation the reimbursement
8 due the school district on account of the transportation.
9 (c) Withholding funds.--In order to facilitate the payments
10 by the several school districts, the department shall withhold
11 from any moneys due to any district out of any Commonwealth
12 appropriation, except from reimbursements due on account of
13 rentals as provided in this title, the amounts due by school
14 districts to the Commonwealth. All amounts withheld are hereby
15 specifically appropriated to the department for the support of
16 public schools. The cost of operating and administering classes
17 and schools for institutionalized children who are residents of
18 this Commonwealth (but whose district cannot be determined),
19 including the cost of necessary fiscal controls, shall be paid
20 by the Commonwealth.
21 § 2964. Migratory children.
22 (a) Costs of operation by school entity.--Annually every
23 intermediate unit planning to conduct summer classes or schools
24 for children of migrant laborers, and the extension of
25 established summer classes beyond the opening of school, which
26 extensions shall not be for more than 40 school days, shall
27 submit for prior review and approval by the department an
28 estimate of the cost of summer classes or schools for children
29 of migrant laborers to be operated by the intermediate unit
30 during the ensuing fiscal year and for transportation, in
19810H1300B2899 - 209 -
1 conformity with existing law, of students to and from summer
2 classes and schools for children of migrant laborers whether
3 conducted by the intermediate unit or conducted by an
4 institution or school district employed by the intermediate unit
5 for that purpose.
6 (b) Operation by Commonwealth.--Where, in the judgment of
7 the secretary, the provisions of this title relating to the
8 proper education of children of migrant laborers have not been
9 complied with, the department may provide or arrange to have
10 provided transportation, classes or schools for the proper
11 education of children of migrant laborers as directed by this
12 title.
13 (c) Payments and unexpended funds.--On or before July 1, the
14 Commonwealth shall pay to the intermediate unit a sum equal to
15 the approved estimated annual cost of operation of the planned
16 summer classes or schools and transportation for children of
17 migrant laborers. At the end of each fiscal year, all unexpended
18 funds shall be credited to Commonwealth payments due for the
19 succeeding school year on account of the operation of such
20 classes or, upon direction of the department, shall be returned
21 to the Commonwealth.
22 § 2965. Reimbursement for liquid fuels.
23 The Commonwealth shall reimburse each school district from
24 the Motor License Fund the taxes paid on liquid fuels consumed
25 in the operation of school buses under contract with the school
26 district.
27 SUBCHAPTER L
28 TUITION
29 Sec.
30 2971. Payments for nonresident students.
19810H1300B2899 - 210 -
1 2972. Determination of charges for nonresident students.
2 2973. Sewer service charges for nonresident students.
3 2974. Payments for institutionalized children.
4 2975. Payment procedures for nonresident students.
5 2976. Special procedures for institutionalized children.
6 § 2971. Payments for nonresident students.
7 (a) General rule.--Each school district which accepts any
8 nonresident child in its schools under the provisions of section
9 4703 (relating to students residing in children's institutions)
10 or 4704 (relating to nonresident student placed in home of
11 resident) shall be paid by the Commonwealth an amount equal to
12 the tuition charge per elementary student or the tuition charge
13 per secondary student or vocational or other extension education
14 student, as the case may be, as determined in this subchapter,
15 for each student so accepted.
16 (b) Liability of district of residence.--If the school
17 district of residence of the nonresident student can be
18 determined, the district shall be charged for tuition as
19 provided in this subchapter.
20 (c) Liability of Commonwealth.--If the school district of
21 residence of the nonresident student cannot be determined, the
22 Commonwealth shall pay the tuition in addition to any other
23 payments it may make to the school district.
24 (d) Proration for partial attendance.--When a nonresident
25 student attends the school district's public schools for less
26 than a full school year, the tuition charges shall be prorated
27 to the period of time during which the student actually attended
28 the district's school.
29 § 2972. Determination of charges for nonresident students.
30 A school district receiving elementary or secondary students,
19810H1300B2899 - 211 -
1 vocational or other extension education students who are
2 residents of another school district, shall compute the tuition
3 charges as follows:
4 (1) General.--Add the salaries of offices of school
5 board secretaries and treasurers, salaries of offices of
6 educational and business administration, expenditures for
7 auditing services, costs of library books and supplies,
8 health services and operation and maintenance of school
9 plant, contributions to food services, insurance premiums and
10 the school district's contribution to funds on behalf of the
11 foregoing employees incurred for the fiscal year immediately
12 preceding. Divide the sum so obtained by the total average
13 daily membership of students in the receiving school
14 district's public schools during the fiscal year immediately
15 preceding. The quotient so obtained shall be designated the
16 "overhead cost per student."
17 (2) Elementary tuition charge.--Add the salaries of
18 principals, supervisors, teachers and other professional
19 instruction staff, instructional and noninstructional
20 assistants to instruction staff, directors and coordinators
21 of student services and guidance and psychological personnel
22 including clerical and nonprofessional assistants employed in
23 the receiving school district's elementary schools, the
24 school district's contribution to funds on behalf of their
25 employment in the school district's elementary schools, the
26 costs of textbooks, audio-visual aids and supplies used in
27 the school district's elementary schools incurred for the
28 fiscal year immediately preceding. Divide the sum so obtained
29 by the total average daily membership of students in the
30 receiving school district's elementary schools during the
19810H1300B2899 - 212 -
1 fiscal year immediately preceding. The quotient so obtained
2 shall be designated as the "instruction cost per elementary
3 student." Add to the instruction cost per elementary student,
4 the overhead cost per student and a rental charge of $8 per
5 student for the use of the receiving school district's school
6 plant. The cost so determined shall be the "tuition charge
7 per elementary student."
8 (3) Secondary tuition charge.--Add the salaries of
9 principals, supervisors, teachers and other professional
10 instruction staff, instructional and noninstructional
11 assistants to instruction staff, directors and coordinators
12 of student services and guidance and psychological personnel
13 including clerical and nonprofessional assistants employed in
14 the receiving school district's secondary schools, the school
15 district's contribution to funds on behalf of their
16 employment in the school district's secondary schools, the
17 cost of textbooks, audio-visual aids and supplies used in the
18 school district's secondary schools incurred for the fiscal
19 year immediately preceding. Divide the sum so obtained by the
20 total average daily membership of students in the receiving
21 school district's secondary schools during the fiscal year
22 immediately preceding. The quotient so obtained shall be
23 designated as the "instruction cost per secondary student."
24 Add to the instruction cost per secondary student the
25 overhead cost per student and a rental charge of $18 per
26 student for the use of the receiving district's school plant.
27 The cost so determined shall be the "tuition charge per
28 secondary student."
29 (4) Vocational or other tuition charge.--Add the
30 salaries of educational administration, principals,
19810H1300B2899 - 213 -
1 supervisors, teachers and other professional staff,
2 instructional and noninstructional assistants to instruction
3 staff, student services personnel, and custodians
4 specifically employed in the school district's annual program
5 of vocational or other extension education, and the school
6 district's contribution to funds on behalf of their
7 employment in the district's vocational extension programs,
8 the cost of textbooks, audio-visual aids and supplies issued
9 for the program incurred for the fiscal year immediately
10 preceding and a charge of 5¢ per student hour of instruction
11 for the district overhead and plant usage. Subtract from the
12 sum so obtained the amount of the Commonwealth appropriation
13 applicable. The remainder shall be designated as the
14 "district cost for vocational or other extension education."
15 Determine the total student hours of instruction during the
16 fiscal year immediately preceding and divide the "district
17 cost for vocational or other extension education" by the
18 total student hours of instruction. The cost so determined
19 shall be the "vocational or other extension tuition charge
20 per student hour of instruction."
21 (5) Adjustment of tuition charges.--A school district
22 shall compute the tuition charges for students who are
23 residents of another school district for budgetary purposes
24 at the beginning of each fiscal year and shall use the
25 expenses of the preceding fiscal year as a basis for the
26 computation. At the end of each fiscal year, the tuition
27 charges shall again be computed and be based on the actual
28 expenses and the tuition charges for nonresident students
29 shall then be adjusted in accordance with this latter
30 computation.
19810H1300B2899 - 214 -
1 § 2973. Sewer service charges for nonresident students.
2 When any school district receiving students from other school
3 districts is required by the city, borough or township within
4 which the school building or buildings are located, or any
5 municipality authority operating therein, to pay a service
6 charge for sewer connection or a sewer rental measured by the
7 number of students attending the school or schools, the
8 receiving school district shall include in its bill for tuition
9 charge to each sending school district, and the sending school
10 district shall pay, the prorated per student sewer service or
11 sewer rental charge for each student accepted from the sending
12 school district. The charge shall be in addition to the tuition
13 charge provided for by section 2972 (relating to determination
14 of charges for nonresident students). In cases where students
15 are sent and the tuition charges paid by the parents or other
16 persons to the receiving school districts, the parents or other
17 persons shall pay the per student sewer charge or sewer rental.
18 § 2974. Payments for institutionalized children.
19 The cost of tuition for institutionalized children accepted
20 pursuant to section 4703 (relating to students residing in
21 children's institutions) shall be fixed in accordance with this
22 subchapter except where, for the accommodation of the children,
23 it shall be necessary to provide a separate school or to erect
24 additional school buildings, in which cases the charge for
25 tuition for the children may include a proportionate cost of the
26 operating expenses, rental and interest on any investment
27 required to be made in erecting new school buildings. The
28 tuition shall be paid annually by the department or the
29 institution, as the case may be.
30 § 2975. Payment procedures for nonresident students.
19810H1300B2899 - 215 -
1 The board of school directors in any school district
2 maintaining an elementary school or a secondary school or an
3 extension class which is attended by any students residing in
4 another district shall, upon admission of the students, properly
5 certify to the board of school directors of the school district
6 in which such students reside the names of the students and
7 whether they are attending an elementary school or a secondary
8 school or an extension class, together with a statement of the
9 tuition charge per elementary student and the tuition charge per
10 secondary student and the vocational or other extension tuition
11 charge per student hour of instruction. All tuition charges
12 shall be billed per student and paid monthly to the school
13 district of attendance.
14 § 2976. Special procedures for institutionalized children.
15 (a) Statement by institution.--In all cases, if a charge is
16 made by any school district for tuition for nonresident students
17 living in an institution, the officers of the institution shall
18 submit to the board of school directors a sworn statement
19 setting forth the names, ages and school districts liable for
20 tuition of all students who desire to attend public school in
21 the district, together with an acknowledgment or disclaimer of
22 residence signed by the secretary of the school district in
23 which the institution declares the legal residence of the child
24 to be.
25 (b) Inaction by resident district.--If the resident school
26 district shall fail to file the acknowledgment or disclaimer
27 with the institution within 15 days from the date it is sent to
28 the school district by the institution by registered mail, the
29 institution shall again notify the school district of its
30 failure to comply with the provisions of this section. If the
19810H1300B2899 - 216 -
1 school district shall fail to comply within 15 days following
2 the second notice, the failure to return the acknowledgment or
3 disclaimer shall be construed as an acknowledgment of such
4 residence.
5 (c) Withholding funds from district.--The tuition of
6 students included in the sworn statement to the board of school
7 directors shall be withheld by the department from any moneys
8 due to the school district liable for the tuition upon receipt
9 of a sworn statement setting forth the names, ages, tuition
10 charges and school district liable for tuition of the students.
11 All money withheld shall be paid by the department to the school
12 district entitled to receive payment. The school district
13 charged with tuition may file an appeal with the secretary in
14 which it shall be the complainant and the institution the
15 respondent. The decision of the secretary as to which of the
16 parties is responsible for tuition shall be final.
17 (d) Institution liability for tuition.--If the students have
18 been received from outside this Commonwealth or if the
19 institution cannot certify as to their residence, their tuition
20 shall be paid by the institution having the care or custody of
21 said children.
22 (e) Commonwealth liability for tuition.--If the secretary
23 decides that the legal residence of any of the students is in
24 this Commonwealth but cannot be fixed in a particular district,
25 the Commonwealth shall pay the tuition of the students out of
26 moneys appropriated to the department by the General Assembly
27 for the maintenance and support of the public schools of this
28 Commonwealth.
29 (f) Advance payments for school year 1980-1981.--For each
30 inmate of a children's institution not previously admitted to
19810H1300B2899 - 217 -
1 the public schools or classes of the district in which the
2 children's institution is located, the district shall receive an
3 advance payment of the tuition and it shall be made out of funds
4 appropriated for the education of children in institutions. The
5 advance payment shall be based upon a budget of estimated
6 tuition expenses submitted by the district and approved by the
7 department. The first half of the advance payment shall be made
8 by August 1, 1980, and the second by January 1, 1981, which
9 shall be adjusted to reflect actual tuition expenses. The
10 advance payment shall be in addition to all other tuition
11 payments due under this title from the district of residence or
12 the Commonwealth under this section for the school year 1980-
13 1981.
14 (1) Adjustments to payments from district of
15 residence.--If the advance payment for a nonresident inmate
16 is greater than the tuition payment due under subsection (c),
17 then the difference shall be deducted from the tuition
18 payment under subsection (c).
19 (2) Adjustments to payments from Commonwealth.--If
20 tuition payments are due the district from the Commonwealth
21 under subsection (e), then the adjustment noted in paragraph
22 (1) shall be made to the payment under subsection (e).
23 (3) Recoupment of advance payment for nonresident
24 inmates.--Upon disenrollment or graduation of a nonresident
25 inmate (for whom advanced payment has been received), the
26 advance payment shall be recouped by the department from the
27 annual reimbursement due the district of residence. Following
28 said recoupment, no further payment shall be withheld the
29 district of residence under subsection (c).
30 (4) Recoupment of advance payment for resident
19810H1300B2899 - 218 -
1 inmates.--Upon disenrollment or graduation of an inmate who
2 is a resident of the district in which the institution is
3 located (and for whom advanced payment was received), the
4 advance payment shall be recouped from the annual
5 reimbursement due that district.
6 (5) Disposition of recouped funds.--The funds recouped
7 are hereby specifically appropriated to the department for
8 the education and transportation of institutionalized
9 children.
10 SUBCHAPTER M
11 VOCATIONAL EDUCATION
12 Sec.
13 2981. Payments for programs.
14 2982. Payments for equipment.
15 2983. Payments for resident students.
16 2984. Payments for expenses for postsecondary education.
17 2985. Payments for approved travel.
18 2986. Payments for compensation for extension education.
19 2987. Payments for approved instructional equipment.
20 2988. Submission of estimates to General Assembly and
21 appropriations.
22 2989. Method of payment.
23 2990. Allocation of unencumbered State and Federal funds.
24 2991. Funds for district without vocational-technical school.
25 § 2981. Payments for programs.
26 (a) Definitions.--As used in this section the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Vocational agricultural education." That form of vocational
30 education designed for agricultural, off-farm agribusiness,
19810H1300B2899 - 219 -
1 renewal natural resources and environmental occupations
2 including the development of leadership, knowledge and skills in
3 each area.
4 "Vocational business education." That form of vocational
5 education designed to prepare an individual to enter or advance
6 in an occupational field wherein success is largely dependent
7 upon skills, knowledge, attitudes, work habits and leadership
8 development necessary to demonstrate competency in accounting,
9 clerical, data processing or secretarial occupations and similar
10 business pursuits.
11 "Vocational distributive education." That form of vocational
12 education designed to meet the needs of persons who have entered
13 or are preparing to enter a distributive occupation requiring
14 competency in one or more of the functions of marketing or
15 knowledge of products and services in reference to the
16 occupational objective of the student.
17 "Vocational home economics education." That form of
18 vocational education that focuses on preparing students for the
19 role of homemaker or wage earner including gainful programs that
20 are designed to prepare students for employment in occupations
21 which use the knowledge, skills and attitudes in the subject
22 matter areas of home economics and useful programs that are
23 designed to help individuals and families improve home
24 environment and the quality of family life.
25 "Vocational industrial education." Those forms of vocational
26 education designed to develop manipulative skills, safety
27 judgments, technical knowledge and related occupational
28 information to prepare individuals for initial employment or to
29 upgrade or retrain out-of-school youth and adult workers in
30 trade, technical and industrial occupations.
19810H1300B2899 - 220 -
1 (b) General rule.--Every school entity shall be paid on
2 account of vocational or technical education programs approved
3 by the department:
4 (1) The sum of $40 for each student in average daily
5 membership in vocational agriculture and vocational
6 industrial education.
7 (2) The sum of $25 for each student in average daily
8 membership in vocational business education and vocational
9 home economics education.
10 (3) The sum of $55 for each student in average daily
11 membership in vocational distributive education.
12 § 2982. Payments for equipment.
13 Every area vocational-technical board operating approved
14 vocational or technical education programs shall be paid on
15 account of approved replacement and improvement of equipment and
16 on account of approved new or additional equipment up to 50% of
17 the cost of the improvements and additions.
18 § 2983. Payments for resident students.
19 (a) Definition.--As used in this section "current expenses"
20 includes all expenditures classified administration through
21 community services according to the Manual of Accounting and
22 Related Financial Procedures for Pennsylvania School Systems
23 published by the department.
24 (b) General rule.--The Commonwealth shall pay every school
25 district for every fiscal year on account of resident students
26 enrolled in area vocational-technical schools as follows:
27 (1) For each full-time student in attendance, either the
28 difference between the per student cost as provided in the
29 approved budget or the per student cost for current expenses,
30 whichever is less, for current expenses in the area
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1 vocational-technical school and the per student cost for
2 current expenses in the school district's high school or in
3 the high school which the student attends as a tuition
4 student or $75, whichever is less.
5 (2) For each part-time student attending an area
6 vocational-technical school, the difference between the cost
7 per student as provided in the approved budget or the per
8 student cost for current expenses, whichever is less, for
9 current expenses in the area vocational-technical school and
10 an amount to be determined by multiplying the cost per
11 student for current expenses in the school district's high
12 school or in the high school which the student attends as a
13 tuition student by a fraction the numerator of which shall be
14 the number of hours per day the student attends an area
15 vocational-technical school and the denominator shall be six
16 hours, or by $75, whichever is less.
17 § 2984. Payments for expenses for postsecondary education.
18 The Commonwealth shall pay every school district having out-
19 of-school youth or adults enrolled in an approved postsecondary
20 vocational or technical program for each student in equivalent
21 full-time membership one-third of the total current expenses per
22 student as provided in the approved budget, or the per student
23 cost for current expenses, whichever is less. The remainder of
24 the cost of total current expenses may be borne by the school
25 district of residence or by the school district of residence and
26 the student but in no event shall the student bear more than
27 one-third of the total current expenses per student.
28 § 2985. Payments for approved travel.
29 Every school district shall be paid by the Commonwealth, for
30 every fiscal year, on account of approved travel expenses in the
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1 discharge of teaching and supervisory responsibilities of
2 teachers, coordinators, supervisors and directors in vocational
3 education, 80% of the sum expended by the school district for
4 the approved travel.
5 § 2986. Payments for compensation for extension education.
6 Every school district shall be paid by the Commonwealth for
7 every fiscal year, on account of approved adult vocational
8 extension classes and preemployment training, 80% of the sum
9 which was expended by the district for the compensation of adult
10 vocational extension and preemployment training teachers and
11 supervisors. For the purpose of computing reimbursement, the
12 maximum compensation shall be $4 per hour and the amount
13 expended for supervisory salaries shall not exceed 20% of the
14 sum expended for teachers salaries. In special cases when travel
15 time or unusual preparation of instructional materials or other
16 factors result in an inadequate compensation, the department may
17 approve additional reimbursable employment time for such
18 additional services upon the submission of adequate
19 substantiating evidence from the responsible commissioned
20 officer.
21 § 2987. Payments for approved instructional equipment.
22 Every area vocational-technical board operating approved area
23 vocational-technical schools shall be paid by the Commonwealth,
24 annually, on account of instructional equipment approved by the
25 department, purchased and installed, a proportionate share of
26 Federal and State funds available and expendable for that
27 purpose. The department may make advanced payment of available
28 but unencumbered State and Federal funds to expedite the
29 purchase of equipment.
30 § 2988. Submission of estimates to General Assembly and
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1 appropriations.
2 On or before the first Wednesday of January of each year, the
3 State Board for Vocational Education shall present to the
4 General Assembly an estimate of the amount of money necessary to
5 meet the expenditures to be incurred in the administration of
6 this subchapter for the ensuing fiscal year and the maintenance
7 of approved vocational schools or departments under the
8 provisions of this subchapter for the current fiscal year. On
9 the basis of the statement, the General Assembly shall make an
10 appropriation of such amounts as may be necessary to meet the
11 expense of administering this subchapter and of reimbursing
12 school districts.
13 § 2989. Method of payment.
14 (a) Advanced payment formula.--Every area vocational-
15 technical board composed of school districts and every
16 intermediate unit authorized to operate an area vocational-
17 technical school and desiring to utilize advance payment of
18 funds to operate area vocational-technical schools shall be
19 paid, on or before August 1 and on or before January 1, of each
20 fiscal year that area vocational-technical schools are operated,
21 in as nearly equal installments as possible, the amount of
22 estimated cost for the operation thereof including approved
23 vocational extension classes. Deductions to equal the
24 installments paid to the area vocational-technical board or the
25 intermediate unit shall be made from reimbursements due the
26 school districts of residence of students attending area
27 vocational-technical schools. The deductions shall be made on
28 the basis of the approved per student cost of the program,
29 including current expenses and capital outlay, multiplied by the
30 number of students in average daily membership.
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1 (b) Postsecondary payment formula.--On or before August 1 of
2 each year, the Commonwealth shall pay to every area vocational-
3 technical board and every intermediate unit authorized to
4 establish and operate approved postsecondary vocational
5 technical programs a sum obtained by adding one-third of the
6 current expenses and one-half of the capital expenses as shown
7 in the budget filed by the board or the intermediate unit. On or
8 before January 1, the Commonwealth shall pay an equal sum or a
9 sum shown to be necessary by an adjusted budget based upon
10 expenditures made during the first half of the fiscal term and
11 approved by the department.
12 (c) Unexpended funds.--At the end of each fiscal year, all
13 unexpended funds shall be credited to Commonwealth payments due
14 for the succeeding year on account of the operation of such
15 schools or, upon the direction of the department, shall be
16 returned to the Commonwealth and credited to the accounts from
17 which they were paid.
18 (d) Payments by districts.--For each student enrolled in
19 such schools, the school district of residence shall pay to the
20 Commonwealth the proportionate district share of the expenses.
21 The school district share of expenses shall be deducted from
22 reimbursement due to the school district.
23 § 2990. Allocation of unencumbered State and Federal funds.
24 The State Board for Vocational Education shall administer the
25 allocation of Federal and State vocational education funds which
26 are otherwise unencumbered. Allocations shall be made for the
27 furtherance of the provisions of the State and Federal
28 vocational education laws with emphasis on the improvement of
29 facilities, reimbursement of teachers salaries, research and
30 projects which will contribute to the economic welfare of youth
19810H1300B2899 - 225 -
1 and adults.
2 § 2991. Funds for district without vocational-technical school.
3 Unless otherwise specifically stated in a statute, no other
4 provision of this title or any other statute or regulation shall
5 prohibit a school district that does not have a vocational-
6 technical school or has not joined with another school district
7 in establishing a vocational-technical school from accepting
8 funds from the Federal Government or other sources under terms
9 specified by the Federal Government or other source.
10 SUBCHAPTER N
11 TEMPORARY SPECIAL AID TO SCHOOL DISTRICTS
12 DUE TO REAL PROPERTY REASSESSMENTS
13 Sec.
14 2992. Temporary special aid to school districts due to real
15 property reassessments.
16 § 2992. Temporary special aid to school districts due to real
17 property reassessments.
18 (a) Payments authorized.--For the school year 1979-1980 and
19 each school year thereafter, a school district experiencing a
20 15% loss in total local revenue for the support of the public
21 schools in any one year due to the reassessment of one or more
22 properties within the boundaries of the public school district
23 shall qualify for special aid for a period of two years on the
24 condition that the school district tax rates which were in
25 effect at the time of the reassessment are not reduced.
26 Countywide reassessments shall not qualify a district for this
27 special aid.
28 (b) Amount of payments.--During the first year of the
29 reduction in revenue caused by the reassessment a school
30 district shall qualify for and receive a special grant equal to
19810H1300B2899 - 226 -
1 50% of the reduction and in the following school year the
2 district shall qualify for and receive a special grant equal to
3 25% of the reduction in revenue caused by the reassessment.
4 (c) Construction of section.--Notwithstanding any
5 inconsistent provisions of this chapter, the temporary special
6 grants provided under this section shall be paid in full to any
7 qualifying school district for each school year.
8 (d) Source of funds.--The special aid authorized by this
9 section shall be paid from the first available lapsed funds
10 during fiscal year 1981-1982 and fiscal year 1982-1983.
11 SUBCHAPTER O
12 STATE SCHOOL FUND
13 Sec.
14 2993. Property and money in fund.
15 2994. Refund of proceeds of escheated estates.
16 2995. Management of fund.
17 2996. Investment of moneys.
18 2997. Use of moneys.
19 2998. Reports on condition of fund.
20 § 2993. Property and money in fund.
21 The State School Fund of Pennsylvania shall include all
22 escheated estates in this Commonwealth and all other property or
23 money which shall in any way accrue to the fund, whether by
24 devise, gift or otherwise.
25 § 2994. Refund of proceeds of escheated estates.
26 Whenever it shall appear that a claimant is lawfully entitled
27 to all or any portion of the proceeds of any escheated estate
28 which have been credited to the State School Fund, the claimant
29 shall have the right to petition the Board of Finance and
30 Revenue for a refund in accordance with the procedure provided
19810H1300B2899 - 227 -
1 in section 504 of the act of April 9, 1929 (P.L.343, No.176),
2 known as "The Fiscal Code," with the right of appeal as therein
3 provided. So much of the principal of the State School Fund as
4 may be necessary for refunds is hereby appropriated for that
5 purpose.
6 § 2995. Management of fund.
7 (a) State board as manager.--The State School Fund shall be
8 wholly under the control and management of the State board.
9 (b) State Treasurer as custodian.--The net receipts derived
10 from or on account of any real or personal property in the State
11 School Fund, and all other moneys accruing to the fund, shall be
12 promptly paid to the State Treasurer, to be kept in a separate
13 account, subject to disposition by the State board.
14 (c) Responsibility of State Treasurer.--The State Treasurer
15 and his bondsman shall be responsible for the safekeeping of,
16 and accounting for, receipts from the State School Fund in the
17 same manner and under the same penalties as for the safekeeping
18 of, and accounting for, other funds of the Commonwealth.
19 § 2996. Investment of moneys.
20 The State board shall invest the State School Fund in
21 accordance with the act of April 9, 1929 (P.L.343, No.176),
22 known as "The Fiscal Code." The investments shall be converted
23 into cash whenever necessary to make payments provided for in
24 section 2997 (relating to use of moneys) and to pay the
25 necessary and pertinent expenses of administration of the State
26 School Fund.
27 § 2997. Use of moneys.
28 (a) General rule.--The State board may expend moneys from
29 the State School Fund for any purpose reasonably related to the
30 promotion of efficient and quality education within this
19810H1300B2899 - 228 -
1 Commonwealth subject to the following:
2 (1) Moneys shall be expended only for projects approved
3 by the State board.
4 (2) Application for moneys shall be made in a manner
5 prescribed by the State board.
6 (3) The State board has discretion to expend or not
7 expend moneys from the State School Fund.
8 (b) Guidelines for the State board.--In exercising its
9 discretion the State board shall consider the following factors:
10 (1) The extent to which a project promotes equal
11 educational opportunity in this Commonwealth.
12 (2) The extent to which a project benefits education
13 throughout this Commonwealth.
14 (3) The extent to which a project is necessary to
15 protect the health and safety of students in a school in this
16 Commonwealth.
17 (4) The extent to which no other funds, local, State,
18 Federal or private, are available to finance the project.
19 (c) Method of payment.--Payments may be made as
20 advancements, subject to reconciliation, as proposed uses are
21 approved, or as reimbursements to school districts.
22 § 2998. Reports on condition of fund.
23 (a) By the State Treasurer.--The State Treasurer shall
24 report to the State board, at such time as the State board
25 requests, the condition of the State School Fund and shall in an
26 annual report make an itemized statement of the receipts,
27 disbursements and amount on hand of the State School Fund and
28 its income.
29 (b) By the State board.--The State board shall annually make
30 to the Governor, to the General Assembly and to the Auditor
19810H1300B2899 - 229 -
1 General a complete detailed report of the condition of the State
2 School Fund including its receipts, expenditures and
3 investments.
4 CHAPTER 31
5 LOCAL FINANCE
6 Subchapter
7 A. General Provisions
8 B. Budget
9 C. Receipts
10 D. Purchasing
11 E. Payment
12 F. Expenditures
13 G. Investment of Funds
14 H. Indebtedness
15 I. Protection of Funds and Property
16 J. Miscellaneous Provisions
17 SUBCHAPTER A
18 GENERAL PROVISIONS
19 Sec.
20 3101. Definitions.
21 § 3101. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Authorized depository." A Pennsylvania bank, bank and trust
26 company, savings bank, savings and loan association or credit
27 union chartered under Federal or State banking laws.
28 "Official depository." Any authorized depository so
29 designated by the governing board of any school entity.
30 SUBCHAPTER B
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1 BUDGET
2 Sec.
3 3111. Preparation and submission of budget.
4 3112. Public notice of proposed budget.
5 3113. Adoption of budget.
6 3114. Amendment of current budget.
7 3115. First class city home rule districts.
8 § 3111. Preparation and submission of budget.
9 (a) General rule.--Except as otherwise provided in section
10 3115 (relating to first class city home rule districts), the
11 board of school directors of each school district shall cause to
12 be prepared a proposed general operating budget for the
13 succeeding fiscal year at least 28 days prior to the adoption of
14 the budget. The form shall be prescribed by the department and
15 shall list by function the expected receipts and expenditures of
16 the governing board, the expected Commonwealth appropriations
17 and the proposed tax levy, if any.
18 (b) Limitation on expenditures.--The total of estimated
19 expenditures shall not exceed the amount of estimated funds
20 available for school purposes in the school entity.
21 § 3112. Public notice of proposed budget.
22 The governing board of each school entity shall, at least 20
23 days prior to the date final action is to be taken on the
24 budget, provide public notice that the proposed budget has been
25 prepared and is open to public inspection at the office of the
26 governing board.
27 § 3113. Adoption of budget.
28 (a) School districts.--The board of school directors of each
29 school district shall adopt a budget for the following fiscal
30 year not later than the last day of the twelfth month of the
19810H1300B2899 - 231 -
1 current fiscal year.
2 (b) Intermediate units.--Each intermediate unit budget shall
3 be adopted for the following fiscal year not later than the last
4 day of the current fiscal year. The adoption procedures shall be
5 in accordance with section 2722 (relating to budget).
6 (c) Area vocational-technical schools.--Each area
7 vocational-technical school budget shall be adopted for the
8 following fiscal year not later than the last day of the
9 eleventh month of the current fiscal year. The adoption
10 procedures shall be in accordance with section 3915 (relating to
11 adoption of annual budget).
12 (d) Limitation on amount.--The total amount of the budget
13 shall not exceed the amount of funds available for school
14 purposes in the school entity.
15 (e) Filing with department.--Within 30 days after the
16 adoption of the budget, the governing board of each school
17 entity shall file a copy of the budget with the department.
18 § 3114. Amendment of current budget.
19 (a) Transfer of funds between functions.--The governing
20 board of any school entity may by a two-thirds vote of its
21 legally qualified membership transfer any unencumbered balance
22 or portion thereof from one major function to another. The
23 transfer may be made only during the last nine months of the
24 current fiscal year or one month after the end of the fiscal
25 year.
26 (b) Addition of unanticipated revenue.--The governing board
27 of any school entity may by a two-thirds vote of its legally
28 qualified membership add any unanticipated revenue to the
29 existing budget at any time in the fiscal year and make
30 provisions for the expenditure of such revenue. The decision to
19810H1300B2899 - 232 -
1 add the funds to the budget shall be deemed a regulation for the
2 purposes of section 103 (relating to rulemaking procedure).
3 § 3115. First class city home rule districts.
4 In home rule school districts in cities of the first class,
5 the budget shall be prepared, submitted, advertised, amended and
6 adopted in accordance with the provisions of the home rule
7 charter adopted pursuant to the former provisions of the act of
8 August 9, 1963 (P.L.643, No.341), known as the "First Class City
9 Public Education Home Rule Act," or Subchapter C of Chapter 25
10 (relating to first class city home rule districts).
11 SUBCHAPTER C
12 RECEIPTS
13 Sec.
14 3121. Designation of official depositories.
15 3122. Deposit of school funds with official depositories.
16 § 3121. Designation of official depositories.
17 (a) General rule.--The governing board of each school entity
18 shall, after soliciting three quotations and after following the
19 procedures of section 3132(b) (relating to solicitation for
20 quotations for certain purchases), at least annually designate
21 one or more authorized depositories as the official depository
22 or depositories.
23 (b) Protection of funds.--Each official depository shall
24 pledge assets or provide insurance for the protection of all
25 school funds in accordance with section 3181 (relating to
26 insurance on deposits of funds).
27 § 3122. Deposit of school funds with official depositories.
28 The treasurer of each school entity shall promptly deposit or
29 cause to be deposited upon receipt all school funds into an
30 official depository in the name of the school entity.
19810H1300B2899 - 233 -
1 SUBCHAPTER D
2 PURCHASING
3 Sec.
4 3131. General requirements for purchasing.
5 3132. Solicitation for quotations for certain purchases.
6 3133. Formal bidding for certain purchases.
7 3134. Contracts and payments for purchases.
8 3135. Joint purchases with government agencies.
9 3136. Bulk purchases through the Commonwealth.
10 3137. Fee sharing restricted.
11 § 3131. General requirements for purchasing.
12 (a) Duty of governing board.--The governing board of each
13 school entity shall provide for purchases necessary to carry out
14 the purposes and duties set forth in this title.
15 (b) Approval of purchases.--The governing board of each
16 school entity shall give prior approval to each purchase, except
17 those purchases resulting from a contract previously approved by
18 the governing board or those purchases $2,500 or under (subject
19 to adjustment pursuant to subsection (f)) approved by any person
20 authorized by the governing board to make purchases without
21 prior approval.
22 (c) System of purchase procedures.--The governing board of
23 each school entity shall provide for a system of purchase
24 procedures subject to section 3303 (relating to standards for
25 accounting system) and the limitations imposed under this
26 subchapter.
27 (d) Circumvention of bidding requirements.--No officer or
28 official of any school entity shall circumvent the provisions of
29 this subchapter by making partial or piecemeal purchases as
30 evidenced by a pattern of purchasing.
19810H1300B2899 - 234 -
1 (e) Requiring bonds.--The governing board may require bid
2 bonds and performance bonds in accordance with sections 3184
3 (relating to bids accompanied by deposit) and 3185 (relating to
4 performance and payment bonds).
5 (f) Adjustments caused by change in CPI.--The department
6 shall annually calculate the percentage change in the Consumer
7 Price Index for the preceding year as published by the United
8 States Bureau of Labor Statistics. Such annual percentage change
9 shall be applied to the figures relating to purchasing
10 requirements as provided in subsection (b) and sections 3132(a)
11 (relating to solicitation for quotations for certain purchases)
12 and 3133(a) (relating to formal bidding for certain purchases).
13 The resulting figures shall be applicable to purchases made by
14 each school entity during the ensuing fiscal year.
15 § 3132. Solicitation for quotations for certain purchases.
16 (a) General rule.--All purchases of more than $2,500 but
17 less than $7,500 (subject to adjustment pursuant to section
18 3131(f) (relating to general requirements for purchasing)) shall
19 be purchased from the lowest responsible vendor after soliciting
20 quotations by telephone or otherwise from three or more firms,
21 manufacturers or dealers.
22 (b) Records of quotations.--The quotations received shall be
23 noted in the records of the school entity along with any
24 relevant information about the product, quotation and vendor. If
25 the school entity is unable to obtain three quotations, a
26 statement of the reasons why more quotations were not obtained
27 shall be included in the records of the school entity.
28 (c) Authorized advertisements and notices.--Advertisements
29 or notices may be placed in trade journals and newspapers as an
30 inducement to competitive pricing.
19810H1300B2899 - 235 -
1 (d) Exemptions.--
2 (1) The following shall be exempt from the provisions of
3 this section:
4 (i) School library and other media resources,
5 textbooks and other copyrighted material as may be
6 defined in the Department Accounting Manual.
7 (ii) Transportation, insurance, surety bonds,
8 personal or professional services and food supplies.
9 (iii) Purchases made in accordance with section 3136
10 (relating to bulk purchases through the Commonwealth).
11 (2) Exemptions from the provisions of this section do
12 not apply to instructional software devices, machines and
13 equipment which require servicing, parts, warranty work,
14 trade-ins or maintenance work other than that provided for in
15 the maintenance contract of the manufacturer or primary
16 producer.
17 § 3133. Formal bidding for certain purchases.
18 (a) General rule.--All purchases of $7,500 or more (subject
19 to adjustment pursuant to section 3131(f) (relating to general
20 requirements for purchasing)) shall be made only after bids are
21 solicited by due advertisement as provided in this section.
22 (b) Advertisement for bids.--Public notice shall be given by
23 advertisement once a week for three weeks in not less than two
24 newspapers of general local circulation. If there are less than
25 two newspapers of general local circulation in the service area
26 of the school entity, the notice shall be published in one
27 newspaper of general local circulation and shall be posted in at
28 least five separate public places. In addition advertisements or
29 notices may also be placed in trade journals and other
30 newspapers as an inducement to competitive bidding.
19810H1300B2899 - 236 -
1 (c) Submitting and opening bids.--All bids shall be in
2 writing and placed in an envelope bearing words indicating that
3 it is a sealed bid with reference to the bid subject. The
4 governing board or its designate shall open and record the bids
5 at the time and public place specified in the advertisement for
6 bids.
7 (d) Acceptance of bids.--The governing board shall accept
8 the bid of the lowest responsible bidder, kind, quality and
9 material being equal, but shall have the right to reject any and
10 all bids, waive minor irregularities or select a single item
11 from any bid.
12 (e) Exemptions.--
13 (1) The following shall be exempt from the provisions of
14 this section:
15 (i) School library and other media resources,
16 textbooks and other copyrighted material as may be
17 defined in the Department Accounting Manual.
18 (ii) Transportation, insurance, surety bonds,
19 personal or professional services and food supplies.
20 (iii) Purchases made in accordance with section 3136
21 (relating to bulk purchases through the Commonwealth).
22 (2) When, because of an emergency, time is of the
23 essence and the provisions of this section cannot be complied
24 with, the governing board may request the department for an
25 exemption from this section and upon approval shall follow
26 the procedure in section 3132 (relating to solicitation for
27 quotations for certain purchases).
28 (3) Exemptions from the provisions of this section do
29 not apply to instructional software devices, machines and
30 equipment which require servicing, parts, warranty work,
19810H1300B2899 - 237 -
1 trade-ins or maintenance work other than that provided for in
2 the maintenance contract of the manufacturer or primary
3 producer.
4 § 3134. Contracts and payments for purchases.
5 (a) General rule.--The governing board of any school entity
6 may enter into contracts for executing the provisions of this
7 title and the laws of this Commonwealth.
8 (b) Execution of contracts.--All contracts shall be
9 authorized by the governing board and executed by the proper
10 officers.
11 (c) Payments.--Payments for work performed or services or
12 goods received shall be made in accordance with Subchapter E
13 (relating to payment).
14 (d) Performance bonds.--The governing board may require
15 performance bonds in accordance with section 3185 (relating to
16 performance and payment bonds).
17 (e) Contracts subject to bidding procedures.--Contracts for
18 purchases as defined in section 3131 (relating to general
19 requirements for purchasing), for expenditures as provided in
20 section 3151 (relating to authority to make expenditures) and
21 for construction, reconstruction, repairs or work as defined in
22 section 4951 (relating to general requirements for work
23 performed on school property) shall be subject to bidding
24 procedures provided in this subchapter.
25 § 3135. Joint purchases with government agencies.
26 (a) General rule.--Any school entity may join with any other
27 school entity or political subdivision in purchasing subject to
28 the provisions of this title.
29 (b) Application of section.--This section does not apply to
30 instructional software, machines and other equipment which have
19810H1300B2899 - 238 -
1 servicing and warranty agreements unless all provisions relating
2 to warranty and servicing work that are included in the original
3 purchases shall be continued for this equipment irrespective of
4 a transfer in the ownership of this equipment.
5 § 3136. Bulk purchases through the Commonwealth.
6 Any school entity may participate in the bulk purchases
7 program as offered by the Commonwealth in accordance with
8 section 2403 of the act of April 9, 1929 (P.L.177, No.175),
9 known as "The Administrative Code of 1929."
10 § 3137. Fee sharing restricted.
11 No person, consultant, firm or corporation contracting with a
12 school district for purposes of rendering personal or
13 professional services to the school district shall share with
14 any school district officer or employee, and no school district
15 officer or employee shall accept, any portion of the
16 compensation or fees paid by the school district for the
17 contracted services provided to the school district except under
18 the following terms or conditions:
19 (1) Full disclosure of all relevant information
20 regarding the sharing of the compensation or fees shall be
21 made to the board of school directors.
22 (2) The board of school directors must approve the
23 sharing of any fee or compensation for personal or
24 professional services prior to the performance of said
25 services.
26 (3) No fee or compensation for personal or professional
27 services may be shared except for work actually performed.
28 (4) No shared fee or compensation for personal or
29 professional services may be paid at a rate in excess of that
30 commensurate for similar personal or professional services.
19810H1300B2899 - 239 -
1 SUBCHAPTER E
2 PAYMENT
3 Sec.
4 3141. System of payment procedures.
5 3142. Payments to be made on payment orders.
6 3143. Payroll obligations as preferential claims.
7 3144. Liability of officials for improper payment orders.
8 3145. Authorizing use of facsimile signatures.
9 3146. Transfer of funds between accounts or institutions.
10 § 3141. System of payment procedures.
11 (a) General rule.--The governing board of each school entity
12 shall provide for a system of cash disbursement procedures
13 subject to the provisions of sections 3122 (relating to deposit
14 of school funds with official depositories) and 3302 (relating
15 to accounting system to be maintained).
16 (b) Approval of payments.--No payment shall be made without
17 prior approval of the governing board except for the payment of:
18 (1) Amounts owing under contracts previously approved by
19 the board and by the prompt payment of which the school
20 entity will receive a discount or other advantage. All such
21 orders shall be presented to the board at its next meeting.
22 (2) Obligations incurred as a result of purchases made
23 in accordance with section 3131(b) (relating to general
24 requirements for purchasing).
25 § 3142. Payments to be made on payment orders.
26 (a) General rule.--All payments made by a school entity
27 shall be on a proper payment order drawn on the appropriate
28 account and signed and certified by the proper officers.
29 (b) Payment orders for payroll.--The payroll may be included
30 on one or more orders, which may be made payable to the order of
19810H1300B2899 - 240 -
1 such person or persons, and distributed in such manner as the
2 governing board may determine.
3 (c) Limitation on expenditures.--No payment order shall be
4 executed:
5 (1) For expenditures for purposes not provided for in
6 the budget.
7 (2) Which will cause the sums appropriated to specific
8 major functions in the budget to be exceeded.
9 (d) Designation of function affected.--The payment order
10 shall state for each payment item the particular function of the
11 annual budget upon which the same is drawn.
12 § 3143. Payroll obligations as preferential claims.
13 (a) General rule.--The payroll obligations of each school
14 district shall be preferential claims. It shall be the duty of
15 the board of school directors of each district to provide for
16 the payment of payroll obligations before authorizing the
17 payment of any other current expense except for fuel, water,
18 electric service or such supplies as are actually essential for
19 keeping the schools in session.
20 (b) Short term loans.--In order to meet payroll requirements
21 the board shall, if necessary, negotiate such short term loans
22 as are necessary and possible in accordance with the law
23 governing the borrowing powers of the district.
24 (c) Interest on unpaid salaries.--In the event the payment
25 of salaries of employees of any school district is not made when
26 due, the school district shall be liable for the payment of the
27 salaries, together with interest at 6% per annum from the due
28 date, except that no school district shall be required to pay
29 interest on unpaid salaries if the failure to pay salaries is
30 occasioned by the failure of the Commonwealth to make timely
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1 payment of allotment of appropriations due.
2 § 3144. Liability of officials for improper payment orders.
3 (a) General rule.--Any director, appointee or employee
4 acting on behalf of any school entity who knowingly either votes
5 for or approves a payment order for any other purpose, or drawn
6 in any other manner, than that provided for in this title,
7 shall, together with the surety or sureties on their bond, in
8 addition to any penalty imposed, be individually liable to the
9 school entity for the amount thereof.
10 (b) Discretion of court on appeal.--On appeal from an
11 auditor's report, it shall be within the discretion of the court
12 having jurisdiction of the matter to sustain or not to sustain a
13 surcharge where it appears that the appellant acted honestly and
14 in good faith for the best interest of the school entity.
15 § 3145. Authorizing use of facsimile signatures.
16 The governing board of any school entity may authorize the
17 use of a facsimile signature subject to the provisions of the
18 act of July 25, 1961 (P.L.849, No.367), known as the "Uniform
19 Facsimile Signature of Public Officials Act."
20 § 3146. Transfer of funds between accounts or institutions.
21 Lateral transfer of funds from one type of account to another
22 or from one bank to another for the purpose of facilitating
23 investments, debt service or for any other lawful purpose
24 wherein no expenditure is involved shall not be subject to
25 provisions of this subchapter provided adequate protection of
26 the funds is maintained in accordance with section 3181
27 (relating to insurance on deposits of funds).
28 SUBCHAPTER F
29 EXPENDITURES
30 Sec.
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1 3151. Authority to make expenditures.
2 3152. Authorization of travel and reimbursement of expenses.
3 3153. Expenses for collective bargaining agreement.
4 § 3151. Authority to make expenditures.
5 (a) General rule.--The governing board of any school entity
6 may make expenditures for the purposes authorized by this title.
7 (b) Limitation on expenditures.--No services shall be
8 secured, no materials purchased and no contracts executed by any
9 governing board which will cause the sums appropriated to a
10 major function in the budget to be exceeded.
11 § 3152. Authorization of travel and reimbursement of expenses.
12 (a) General rule.--The governing board of any school entity
13 may authorize any member, officer, appointee, employee or
14 student to travel for purposes authorized by this title and may
15 reimburse them for their expenses. Prior authorization to incur
16 expenses must be given by the governing board.
17 (b) Reimbursable expenses.--Expenses actually and
18 necessarily incurred in going to, attending and returning from
19 meetings, conferences, conventions or other sessions at which
20 attendance is authorized by the governing board may be
21 reimbursed. The expenses may include travel, travel insurance,
22 lodging, meals, registration fees and other incidental expenses
23 necessarily incurred. The expenses shall be itemized and made <--
24 public at the next meeting of the governing board.
25 (c) Advances on expenses.--The governing board may authorize
26 the proper officers to make an advance upon presentation of an
27 estimate of expenses to be incurred. Advances will be applied
28 against a final itemized statement of actual expenses and any
29 funds advanced in excess of actual expenses incurred shall be
30 immediately refunded to the treasurer of the school entity. Upon
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1 failure to submit an itemized statement with required
2 documentation, the entire amount of the advance shall be
3 returned.
4 (d) Documentation of expenses incurred.--Final settlement,
5 including reimbursement and refund, if any, and approval of the
6 itemized statement of travel expenses shall not be made until
7 adequate documentation in support of such statement is certified
8 and filed with the business administrator or with such other
9 person as may be designated by the governing board.
10 Documentation may be in the form of receipted hotel bills,
11 mileage records and such other receipts as the governing board
12 may require.
13 (e) Rate of reimbursement.--Reimbursement for expenses
14 incurred in accordance with this section shall be established as
15 follows:
16 (1) The governing board of the school entity shall
17 establish rates for the reimbursement of expenses authorized
18 by this section incurred by officers who are not members of
19 the governing board, appointees, employees and students.
20 (2) Members of governing boards shall be reimbursed for
21 actual and necessary expenses incurred in the performance of
22 their duties.
23 § 3153. Expenses for collective bargaining agreement.
24 The governing board of each school entity shall, upon
25 reaching a contract through collective bargaining, submit for
26 the public record a detailed itemized statement of all the
27 actual expenses incurred by the board in reaching the contract
28 including any fee paid by the board to any negotiator hired by
29 the board for purposes of engaging in collective bargaining.
30 SUBCHAPTER G
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1 INVESTMENT OF FUNDS
2 Sec.
3 3161. Investment of school funds required.
4 3162. Authorized investments for funds.
5 3163. Joint purchase of investments.
6 3164. Capital reserve fund for construction projects.
7 § 3161. Investment of school funds required.
8 (a) General rule.--The governing board of each school entity
9 shall invest school funds to the maximum extent consistent with
10 sound business practice.
11 (b) Investment program.--The governing board of all school
12 entities shall provide for an investment program and may
13 designate the proper officers or employees to administer the
14 program subject to this title or other statute and the rules and
15 regulations adopted by the governing board.
16 (c) Quotations from investment dealers.--Investments shall
17 be made so as to receive the highest possible return after
18 soliciting quotations from three or more dealers in authorized
19 investments.
20 § 3162. Authorized investments for funds.
21 (a) General rule.--Authorized types of investments for
22 school funds include:
23 (1) United States treasury bills.
24 (2) Direct short term obligations of the United States
25 Government.
26 (3) Deposits in time accounts, open time accounts, share
27 accounts and all other investments in authorized depositories
28 for which collateral is secured by the pledging of assets in
29 accordance with section 3181 (relating to insurance on
30 deposits of funds).
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1 (b) Special funds.--Any devise, bequest, grant, endowment,
2 gift or donation of any property, real or personal, which may be
3 made to a school entity may be invested as provided in
4 subsection (a) and in investments declared to be legal
5 investments in Chapter 73 of Title 20 (relating to fiduciaries
6 investments).
7 § 3163. Joint purchase of investments.
8 (a) Purchases from own funds.--The governing board of any
9 school entity may make joint purchase of investments from among
10 the school funds accounts under its jurisdiction. The earnings
11 from the investments shall be separately and individually
12 computed and recorded and credited to the accounts from which
13 the investment was purchased. The investments shall be subject
14 to section 3132 (relating to solicitation for quotations for
15 certain purchases).
16 (b) Purchases with other agencies.--The governing board of
17 any school entity may join with any other government agency,
18 political subdivision or municipal authority for the purpose of
19 making joint purchase of investments. The earnings from the
20 investments shall be separately and individually computed,
21 recorded and credited to the accounts of the governing body from
22 which the investment was purchased. The investments shall be
23 subject to section 3132.
24 § 3164. Capital reserve fund for construction projects.
25 (a) Creation of fund.--Any school district may create a
26 special capital reserve fund and accumulate moneys therein to be
27 expended during a period not to exceed five years for the
28 purpose of constructing a school building project under a long-
29 term project program approved by the department in accordance
30 with Chapter 49 (relating to physical plant and construction).
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1 The proposed project program may include the cost of acquiring
2 suitable sites for school buildings, the cost of constructing
3 new school buildings or the cost of providing needed additions
4 or alterations to existing buildings.
5 (b) Methods of payment from fund.--Moneys accumulated in the
6 district's capital reserve fund may be paid as a lump sum at the
7 time that construction of the project or projects is begun or
8 payment of the accumulated sums may be spread over a period of
9 years as a part of the annual rental or sinking fund charge
10 approved by the department for the proposed project or projects.
11 (c) Special tax to support fund.--The capital reserve fund
12 shall consist of receipts from a special tax which each board of
13 school directors is hereby authorized to levy in accordance with
14 the provisions of this title. The tax levy may not exceed three
15 mills in any one year nor may the tax be levied, on account of
16 any one project program, for a period of more than five years.
17 The tax may be levied only for the purpose of financing a school
18 building project or projects which have been approved by the
19 department for construction within five years from the date of
20 the approval given by the department. Upon the total and final
21 completion of a project program which, for the purpose herein
22 contemplated, may include the construction, reconstruction or
23 renovation of more than one building, the board of school
24 directors may proceed to set up a new project program for later
25 construction and may establish a new capital reserve fund to
26 finance such project program.
27 (d) Authorized expenditures from fund.--The moneys in any
28 such capital reserve fund may be expended by the school district
29 singly or jointly:
30 (1) with the Commonwealth or any department or agency
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1 thereof;
2 (2) with the Federal Government or any department or
3 agency thereof; or
4 (3) with one or more other school districts;
5 only during the period of time for which the fund was created,
6 and only for capital improvements approved by the department and
7 for no other purpose.
8 (e) Disposition of unnecessary funds.--If for any reason the
9 project program for which the capital reserve fund was
10 established fails to materialize, the moneys accumulated in the
11 fund shall revert to the district's general fund in equal
12 amounts spread over a period of five years.
13 SUBCHAPTER H
14 INDEBTEDNESS
15 Sec.
16 3171. Authorization for temporary borrowing.
17 3172. Authorization to issue bonds.
18 3173. Withholding Commonwealth funds for unpaid indebtedness.
19 § 3171. Authorization for temporary borrowing.
20 The governing board of any school entity may authorize
21 temporary borrowing as it deems necessary to execute the duties
22 described in this title subject to the provisions and
23 limitations of the act of July 12, 1972 (P.L.781, No.185), known
24 as the "Local Government Unit Debt Act."
25 § 3172. Authorization to issue bonds.
26 The board of directors of any school district may issue bonds
27 for the purpose of executing duties described in this title
28 subject to the provisions and limitations of the act of July 12,
29 1972 (P.L.781, No.185), known as the "Local Government Unit Debt
30 Act."
19810H1300B2899 - 248 -
1 § 3173. Withholding Commonwealth funds for unpaid indebtedness.
2 In all cases in which the board of directors of any school
3 entity fails to pay or to provide for the payment of the
4 principal of and the interest on any debt incurred in accordance
5 with the provisions of this subchapter, when and as due, or the
6 payment of any lease rental debt as defined in the act of July
7 12, 1972 (P.L.781, No.185), known as the "Local Government Unit
8 Debt Act," the department shall withhold out of any Commonwealth
9 appropriations due the school entity an amount equal to the
10 amount so due and shall pay the same to the bondholders or
11 noteholders or their respective trustees or paying agents.
12 SUBCHAPTER I
13 PROTECTION OF FUNDS AND PROPERTY
14 Sec.
15 3181. Insurance on deposits of funds.
16 3182. Bonding of officials for performance of duties.
17 3183. Authorization for insurance contracts.
18 3184. Bids accompanied by deposit.
19 3185. Performance and payment bonds.
20 § 3181. Insurance on deposits of funds.
21 (a) General rule.--All school funds held in any authorized
22 depository shall be fully insured with the Federal Deposit
23 Insurance Corporation or the Federal Savings and Loan Insurance
24 Corporation or the National Credit Union Administration, or by
25 the pledging of assets in accordance with the act of November
26 30, 1965 (P.L.847, No.356), known as the "Banking Code of 1965."
27 (b) Pooling pledged assets.--The governing board of any
28 school entity may permit assets pledged as collateral in
29 subsection (a) to be pooled in accordance with the act of August
30 6, 1971 (P.L.281, No.72), relating to pledges of assets to
19810H1300B2899 - 249 -
1 secure deposits of public funds.
2 § 3182. Bonding of officials for performance of duties.
3 (a) General rule.--The governing board of any school entity
4 may require any officer, employee or appointee to furnish,
5 before entering upon the duties of his office, to the governing
6 board a proper bond conditioned upon the faithful performance of
7 his duties, in such amount and with such corporate surety as the
8 governing board shall determine. The amount of the bond shall be
9 re-examined each year by the governing board for sufficiency and
10 increased if insufficient. The school entity shall pay the
11 premium on the bond for any officer or employee.
12 (b) Persons required to furnish bond.--The secretary,
13 treasurer and business administrator shall be required to
14 furnish bond in accordance with subsection (a).
15 (c) Personal collateral bond.--In lieu of furnishing a bond
16 under subsection (a), the persons may file their own collateral
17 bond, in the amount determined by the governing board in
18 accordance with the procedure described in subsection (a),
19 secured by an actual deposit with the governing board or with
20 any bank or bank and trust company within this Commonwealth
21 which may be agreed upon, of any of the securities which
22 depositories may use to secure the deposit of school funds. The
23 total market value of the securities thus deposited shall equal
24 the amount of the collateral bond. The collateral bonds shall be
25 conditioned upon the faithful performance of their duties. The
26 securities thus deposited shall constitute a trust fund to be
27 available for the satisfaction of any liability accruing upon
28 the collateral bond. The securities shall be accompanied by a
29 proper assignment or power of attorney for their transfer. In
30 the event of a decline in the market value of the securities,
19810H1300B2899 - 250 -
1 additional securities shall be added to the trust deposit
2 sufficient to equal the amount of the collateral bond if
3 requested in writing by the governing board. The sufficiency of
4 the amount shall be reviewed annually by the governing board as
5 described in subsection (a). The governing board may permit the
6 director, officer or employee to substitute for any one or more
7 bonds or obligations included in any such securities, other
8 bonds or obligations that meet the requirements of this section.
9 (d) Refusal to furnish bond.--In case any director, officer
10 or employee shall refuse or fail to furnish a proper bond with
11 the proper sureties or securities within 15 days of notice to do
12 so, the governing board shall elect or employ another suitable
13 person to perform such duties in his place.
14 (e) Financial institution as treasurer.--In cases where the
15 treasurer is a bank or trust company, a surety bond shall not be
16 required.
17 § 3183. Authorization for insurance contracts.
18 (a) General rule.--The governing board of any school entity
19 may make and enter into any insurance contract it may deem
20 proper and desirable with any person, firm or corporation
21 (including any mutual insurance company) authorized to transact
22 business relating to insurance in this Commonwealth, for the
23 benefit of the governing board, school entity, its school
24 property, employees and their spouses and dependents, retired
25 employees and students. The insurance for the benefit of the
26 school entity and its school property may include, but need not
27 be limited to, fire and casualty insurance, liability insurance
28 and flood insurance. The insurance for the benefit of the
29 employees, their spouses and dependents and retired employees
30 may include group insurance coverage for life, health,
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1 hospitalization, medical services, accident insurance and
2 pension annuity plans.
3 (b) Joint contracts with other agencies.--The governing
4 board of any school entity may contract for insurance jointly
5 with one or more other school entities, government agencies,
6 political subdivisions and municipality authorities, and provide
7 for the proportionate share of the premium to be paid by each
8 school entity and for the escrowing of funds by each school
9 entity on account of any deductible amounts included in the
10 contract of insurance.
11 (c) Payroll deductions for premiums.--The act of June 22,
12 1931 (P.L.844, No.274), relating to contracts for benefits for
13 government employees, and the act of July 19, 1951 (P.L.1074,
14 No.231), relating to payroll deductions by government agencies
15 for insurance premiums, shall be followed with respect to
16 employee wage deductions for payment of premiums on insurance
17 policies.
18 § 3184. Bids accompanied by deposit.
19 (a) General rule.--The governing board of any school entity
20 may provide that all bids advertised for shall be accompanied by
21 cash or by a certified check or cashier's good faith check in an
22 amount required by the governing board.
23 (b) Deposit forfeited as liquidated damages.--In the event
24 any bidder shall, upon award of contract to him, fail to comply
25 with the requirements of the act of December 20, 1967 (P.L.869,
26 No.385), known as the "Public Works Contractors' Bond Law of
27 1967," as to guaranteeing the performance of the contract, the
28 good faith deposit, to the extent it does not exceed 10% of the
29 bid, shall be forfeited to the governing board as liquidated
30 damages.
19810H1300B2899 - 252 -
1 § 3185. Performance and payment bonds.
2 All governing boards of any school entity shall comply with
3 the provisions of the act of December 20, 1967 (P.L.869,
4 No.385), known as the "Public Works Contractors' Bond Law of
5 1967," governing public performance and payment bonds on public
6 works contracts.
7 SUBCHAPTER J
8 MISCELLANEOUS PROVISIONS
9 Sec.
10 3191. Disposal of personal property.
11 § 3191. Disposal of personal property.
12 (a) Sale to educational institutions and municipalities.--
13 Whenever the governing board of any school entity other than a
14 district of the first class or first class A shall by resolution
15 declare any books, furniture, supplies or equipment to be
16 unused, unnecessary, surplus or obsolete, the board shall first
17 offer the property to other school entities, municipalities,
18 nonpublic schools or other nonprofit educational institutions at
19 auction or by solicitation of two or more bids.
20 (b) Other methods of disposal.--Any property which has not
21 been purchased by other schools, municipalities or educational
22 institutions may be disposed of by any one or more of the
23 following methods:
24 (1) Public auction after such notice as the board shall
25 fix.
26 (2) Solicitation of bids from two or more persons
27 engaged in a business related to the nature of the items to
28 be disposed of.
29 (3) Offer to the general public at prices fixed by
30 resolution of the board.
19810H1300B2899 - 253 -
1 (4) Offer to suppliers of similar items who shall be
2 required to state their bid for the same as a dollar discount
3 against items they may be proposing to sell to the district.
4 (5) Such other method as the board may adopt by
5 resolution, which other method shall not be implemented
6 sooner than five days after the public meeting.
7 (c) Purchases by officers.--No member of the governing board
8 nor any officer, appointee or employee of any school entity may
9 purchase or cause to be purchased on his behalf any property
10 except under the procedure prescribed in subsection (b)(1).
11 CHAPTER 33
12 ACCOUNTING AND AUDITING
13 Subchapter
14 A. General Provisions
15 B. Auditors and Audits
16 C. Audits and Other Financial Matters in First Class A
17 Districts
18 D. Appeals from Audits
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 3301. Definitions.
23 3302. Accounting system to be maintained.
24 3303. Standards for accounting system.
25 3304. Retention of accounting records.
26 § 3301. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Accounting records." Include, but are not limited to,
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1 financial records, statements, reports and attendance data.
2 "School auditor." Any person or firm qualified and appointed
3 under section 3311 (relating to designation of school auditors)
4 to perform an audit.
5 § 3302. Accounting system to be maintained.
6 Each school entity shall maintain adequate accounting records
7 and proper internal controls to provide:
8 (1) Financial information required for the governing
9 board's management purposes.
10 (2) Financial information required by the department or
11 any local, State or Federal agency.
12 (3) Effective accountability for all school funds,
13 accounting records, property and other assets for which the
14 governing body is responsible.
15 (4) Reliable accounting results to serve as the basis
16 for timely preparation and support of the school entity's
17 budget requests and for controlling and executing the budget.
18 (5) Reliable accounting results to serve as the basis
19 for timely preparation and support of the school entity's
20 reimbursement and subsidy statements and borrowing base
21 certificates.
22 § 3303. Standards for accounting system.
23 The accounting system of every school entity shall conform to
24 generally accepted accounting procedures.
25 § 3304. Retention of accounting records.
26 (a) Permanent records.--Each school entity shall maintain as
27 permanent records the minute book, each annual financial report
28 and each annual auditor's report.
29 (b) Temporary records.--Each school entity shall maintain
30 all other accounting records and their detailed supporting
19810H1300B2899 - 255 -
1 documentation for a period of six years after the close of the
2 fiscal year in which the transaction took place. If the
3 documents have a bearing on an outstanding audit exception they
4 shall be retained beyond the six-year period until the exception
5 is resolved.
6 (c) Microfilming of records.--Records may be retained as
7 photographed, microphotographed or microfilmed copies in
8 accordance with the act of January 18, 1968 (1967 P.L.961,
9 No.428), known as the "Municipal Records Act."
10 (d) Access to records.--All such records shall be available
11 in accordance with section 104 (relating to access to
12 information and public records).
13 SUBCHAPTER B
14 AUDITORS AND AUDITS
15 Sec.
16 3311. Designation of school auditors.
17 3312. Scope of audits.
18 3313. Powers and duties of auditors.
19 3314. Surcharge by auditors.
20 3315. Compensation and expenses of auditors.
21 3316. Filing annual audit report.
22 3317. Advertising notice of audit report.
23 3318. Department review of accounting records.
24 3319. Civil and criminal liability of auditors.
25 § 3311. Designation of school auditors.
26 Annual audits of school funds shall be performed by a school
27 auditor who shall be:
28 (1) The city controller, in all school districts which
29 are located within the geographical boundaries of a school
30 district of the first class or any authority created by such
19810H1300B2899 - 256 -
1 district.
2 (2) A certified public accountant, a firm of certified
3 accountants, a competent practicing independent public
4 accountant or a firm of competent independent public
5 accountants appointed by the governing board prior to the end
6 of the fiscal year, in all school districts of the second
7 class, intermediate units not covered by paragraph (1), area
8 vocational-technical schools or authorities created by them.
9 § 3312. Scope of audits.
10 (a) Auditing standards.--Financial transactions of the
11 school entity and all school funds shall be audited in
12 accordance with generally accepted auditing standards.
13 (b) Availability of accounting records.--All accounting
14 records which in the opinion of the school auditor might be
15 required to complete the audit shall be made available to the
16 school auditors.
17 (c) Purpose of audit.--The audit shall include an
18 examination of financial transactions, accounts and reports to
19 determine whether:
20 (1) The school entity is maintaining effective control,
21 of revenues, expenditures, assets and liabilities in an
22 efficient and economic manner.
23 (2) The school entity is properly accounting for assets,
24 liabilities and transactions.
25 (3) The financial reports contain accurate financial
26 data, fairly presented.
27 (4) The school entity has expended all funds in
28 accordance with the budget.
29 § 3313. Powers and duties of auditors.
30 (a) Completion of annual audit.--The school auditor shall
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1 complete the annual fiscal year audit as soon as possible after
2 the close of the fiscal year and before the last day of the
3 fourth month of the following fiscal year.
4 (b) Filing report.--The school auditor shall file his report
5 in conformity with provisions of this chapter.
6 (c) Advertising financial statement.--Notice that the annual
7 financial statement furnished by the school auditor in districts
8 of the second class and by the school controller in any district
9 of the first class to the board of public education has been
10 filed and is available for public inspection at the business
11 office of the district shall be published by the board of public
12 education in two newspapers, designated by the board, once a
13 week for three successive weeks beginning the first week after
14 the statement has been furnished to it.
15 (d) Sufficiency of bonds.--The school auditor shall examine
16 and report to the proper governing board upon the sufficiency
17 and the security of the bonds of the officers, employees and
18 appointees of the governing board.
19 (e) Employment of attorney.--The school auditor may employ
20 an attorney whenever it is deemed advisable. The compensation of
21 the attorney shall not exceed the sum payable to the auditor for
22 the making of the annual audit, unless additional compensation
23 is specially allowed by a court of record in connection with any
24 proceeding before the court, and shall be payable out of the
25 general fund of the district.
26 (f) Administration of oaths and perjury.--The school auditor
27 may administer oaths or affirmations to all persons appearing
28 before him as witnesses. Any person testifying falsely in any
29 such examination commits perjury and shall be liable for and
30 subject to all penalties provided therefor.
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1 (g) Subpoenas for witnesses and records.--The school auditor
2 may issue subpoenas to compel the attendance of school officials
3 or other persons whom he may deem necessary to examine as
4 witnesses, and to compel the production of all books, records,
5 vouchers, letters and papers related to any accounts being
6 audited. The court of common pleas in the county in which
7 hearing was held shall have jurisdiction to enforce the
8 subpoenas.
9 § 3314. Surcharge by auditors.
10 (a) General rule.--Any payment order issued in any other
11 manner or for any other purpose than authorized in this title
12 shall, if paid, be disallowed by the school auditors and
13 surcharged against the persons voting for or the persons finally
14 approving the payment. All orders disallowed shall be set forth
15 in the report to be made by the school auditors with such other
16 sum or sums as should be properly surcharged against any person
17 or persons.
18 (b) Notice to person surcharged.--In all audited school
19 entities, when any sum is surcharged against any person, the
20 person shall be notified by the school auditor at or before the
21 time of filing his report, by mail or otherwise, of such fact,
22 setting forth the amount surcharged against him.
23 § 3315. Compensation and expenses of auditors.
24 (a) General rule.--The school entity being audited shall pay
25 the school auditors.
26 (b) Compensation of attorney.--Compensation of any attorney
27 employed by a school auditor shall be fixed by the school
28 auditor and shall not exceed the sum payable for the annual
29 audit, unless additional compensation shall be specially allowed
30 by a court of record in connection with any proceeding before
19810H1300B2899 - 259 -
1 the court, and shall be paid out of the funds of the employing
2 governing board.
3 (c) Witness fees.--Every witness appearing before any school
4 auditor shall receive from the funds of the school entity the
5 same witness fees and mileage allowance as a witness is allowed
6 in the court of common pleas of the county in which the school
7 entity is located.
8 § 3316. Filing annual audit report.
9 (a) General rule.--The school auditor shall file a report of
10 the preceding fiscal year on or before the last day of the
11 fourth month of the following fiscal year. The report shall be
12 on a form prescribed by the department and shall set forth, but
13 shall not be limited to, the following:
14 (1) An itemized statement of all receipts and
15 expenditures for the preceding year.
16 (2) The school entity's balance sheet as of the close of
17 that fiscal year.
18 (3) The balance in the treasury at the beginning of the
19 fiscal year.
20 (4) All revenues received during the fiscal year by
21 major classifications.
22 (5) All expenditures made during the fiscal year by
23 major functions.
24 (6) The assets, liabilities and fund balances of the
25 school entity at the end of the fiscal year.
26 (7) The amount of the assessed valuation of the school
27 entity at the beginning of the fiscal year.
28 (8) The itemized funded debts and maturity dates.
29 (9) The assets in each sinking fund at the end of the
30 fiscal year.
19810H1300B2899 - 260 -
1 (b) Distribution of report.--A copy of the report shall be
2 filed with the following:
3 (1) The employing governing board which shall note
4 receipt of report in the minutes.
5 (2) The court of common pleas of the county in which the
6 school entity is located.
7 (3) Any related governing board.
8 § 3317. Advertising notice of audit report.
9 The school entity shall, within ten days of receipt of the
10 auditors' report, advertise a notice that the audit report for
11 the school entity has been filed and is available for public
12 inspection at the business office of the school entity in one
13 newspaper of general circulation published or generally
14 circulated in the district. The notice shall call attention to
15 the fact that the report was filed on a date therein stated and
16 give notice that the report will be confirmed absolutely unless
17 an appeal is taken therefrom within 45 days after the date of
18 advertising the filing thereof.
19 § 3318. Department review of accounting records.
20 (a) General rule.--The secretary and the comptroller of the
21 department may review the accounting records of any school
22 entity.
23 (b) Authority in making review.--In reviewing accounting
24 records for cause, the secretary and the comptroller of the
25 department shall have the same powers granted in this chapter to
26 school auditors.
27 § 3319. Civil and criminal liability of auditors.
28 (a) Liability for damages.--Any school auditor failing to
29 comply with the provisions of this chapter shall be liable to
30 the employing governing board for any damages caused by the
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1 noncompliance.
2 (b) Criminal penalties.--Any school auditor failing to
3 comply with section 3316 (relating to filing annual audit
4 report) or 3317 (relating to advertising notice of audit report)
5 commits a summary offense and, upon conviction, shall be
6 sentenced to pay a fine of not less than $50 nor more than $500
7 for each violation. The fine shall be payable to the general
8 fund of the school entity.
9 SUBCHAPTER C
10 AUDITS AND OTHER FINANCIAL MATTERS
11 IN FIRST CLASS A DISTRICTS
12 Sec.
13 3331. Monthly reports by depositories.
14 3332. Reports and payment of taxes collected.
15 3333. Annual budget.
16 3334. City controller to be elected school controller.
17 3335. Oath, bond and compensation of controller.
18 3336. Vacancy in office of controller.
19 3337. Clerks, stationery, etc. for controller and treasurer.
20 3338. School orders.
21 3339. Contracts.
22 3340. Payment of contracts and liability of controller.
23 3341. Estimates of expenses.
24 3342. Annual statement of finances for past year.
25 3343. Information for estimates and tax levies.
26 3344. Audit of finances by school controller.
27 3345. Limitation on employment of controllers and auditors.
28 3346. Statements of accounts.
29 3347. Power to issue subpoenas and administer oaths.
30 3348. Disobedience to subpoena.
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1 3349. Witness fees.
2 3350. Copies of reports.
3 3351. Duties of controller.
4 3352. Inconsistent provisions.
5 § 3331. Monthly reports by depositories.
6 Every bank or trust company designated as a depository for
7 school funds in any school district of the first class A shall,
8 at the end of every month, make a report to the school
9 treasurer, to the board of school directors and to the school
10 controller, if any, stating the amount of school funds deposited
11 with it during the month, together with the balance on hand at
12 the beginning of the month as well as the amount of school funds
13 disbursed by it during the month, any accrued interest paid, or
14 due, and the balance remaining on hand at the time of making the
15 report.
16 § 3332. Reports and payment of taxes collected.
17 In every school district of the first class A the receiver of
18 taxes, city treasurer or other proper authority collecting or
19 receiving the school taxes shall, at the end of each month,
20 report to the board of public education and to the school
21 controller the total amount of school taxes collected during the
22 month, setting forth the years for which collected. He shall pay
23 the same when and as collected to the school treasurer, shall
24 file with the school controller a duplicate receipt therefor and
25 shall, at the end of each month, also report the total amount
26 collected during the current fiscal year and the unexonerated
27 balance remaining uncollected on the tax duplicate for each year
28 in such district.
29 § 3333. Annual budget.
30 (a) Preparation.--The board of public education of each
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1 school district of the first class shall, annually, at or before
2 the time of levying the annual school taxes, prepare an
3 approximate estimate of the amount of funds that will be
4 required by the school district in its several departments for
5 the following fiscal year. Such annual estimate shall be
6 apportioned to the several classes of expenditures of the
7 districts as the board of public education thereof may
8 determine. The total amount of such estimate shall not exceed
9 the amount of funds, including the proposed annual tax levy and
10 State appropriation, available for school purposes in the
11 district. The annual estimates shall be properly certified to
12 the school controller of the district by the secretary of the
13 board.
14 (b) Advertisement and public hearing.--The board of public
15 education shall, at least 15 days prior to the time final action
16 is taken on any budget, publish, by advertisement at least once
17 in two newspapers of general circulation printed in the
18 municipality in which such school district is located, notice
19 that such proposed budget has been prepared and is open to
20 public inspection at the office of the board of public
21 education. Such advertisement shall include a notice of public
22 hearing on the proposed budget, scheduled for at least 10 days
23 before final action is taken upon any budget.
24 § 3334. City controller to be elected school controller.
25 In each school district of the first class A or any authority
26 created by such district, the board of public education shall
27 elect the controller of the city comprising all or the greater
28 part of such district as school controller for said district for
29 and during his term of office as city controller. The school
30 controller of each school district of the first class A may
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1 recommend to the board of public education for appointment a
2 deputy school controller. The board of public education shall
3 appoint as deputy school controller the candidate recommended by
4 the school controller who, in case of death, resignation or
5 inability of the school controller to act for any cause
6 whatsoever, shall have the same powers and shall perform the
7 same duties as imposed by law on the school controller. In case
8 the school controller does not recommend to the board of public
9 education for appointment a deputy school controller, the board
10 of public education may elect a deputy school controller who
11 shall serve until such time as the school controller recommends
12 to the board of public education the appointment of a deputy
13 school controller. The salary of the deputy school controller
14 shall be fixed by the board of public education. He shall
15 furnish bond in the sum of $10,000.
16 § 3335. Oath, bond and compensation of controller.
17 Every person elected as a school controller in any school
18 district of the first class A shall, before entering upon such
19 duties of his office, take or subscribe to the oath or
20 affirmation herein provided for school directors and shall
21 furnish to the school district in which he is elected a proper
22 bond, in the amount of $25,000, with such surety or sureties as
23 the board of school directors may approve, conditioned upon the
24 faithful performance of all duties of his office during his
25 term. The school controller in each district of the first class
26 A shall be paid, from the funds of the school district, an
27 annual salary fixed by the board of public education, payable
28 monthly.
29 § 3336. Vacancy in office of controller.
30 In case there is a vacancy in the office of school controller
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1 by reason of death, resignation or otherwise, such vacancy shall
2 be filled by the election of the city controller by the board of
3 public education for and during his term of office as city
4 controller.
5 § 3337. Clerks, stationery, etc. for controller and treasurer.
6 The board of public education in school districts of the
7 first class A shall appoint upon the recommendation of the
8 school controller and school treasurer respectively such clerks
9 as they deem necessary to assist them in the performance of
10 their duties. All such appointments shall be made upon the
11 recommendation of the school controller and school treasurer.
12 Their salaries shall be fixed by the board of public education
13 at the time the appointments are made. The school controller and
14 school treasurer shall, in addition to their salaries, be
15 furnished, by the school district in which they are elected,
16 with necessary stationery and books required by them in the
17 performance of their duties as school controller or school
18 treasurer.
19 § 3338. School orders.
20 In every school district of the first class A the school
21 controller shall approve all proper school orders, drawn on the
22 school treasurer, before the same are paid. He shall not approve
23 any school order issued in violation of any of the provisions of
24 this part. He shall at all times have access to all the
25 accounts, books, records and papers of the district so far as
26 they relate to the school finances and may require from the
27 board of public education, or any person presenting any school
28 order, such evidence or information regarding its correctness as
29 he may deem proper.
30 § 3339. Contracts.
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1 All contracts made by any school district of the first class
2 A shall state therein on what item in the annual estimate of
3 school expenditures the same is based. Every contract before
4 becoming valid shall be properly certified by the school
5 controller who shall, at the time of so doing, charge up the
6 amount of any such contract against the item in the annual
7 estimate on which the same is based. No contract shall be
8 certified by the school controller if the amount to become due
9 thereon shall exceed the item of expenditure on which it is
10 based.
11 § 3340. Payment of contracts and liability of controller.
12 It shall be the duty of each school controller in each school
13 district of the first class A to certify all contracts for the
14 payment of which a sufficient sum has been provided in the
15 annual school estimate. If any school controller shall certify
16 any contract in excess of the amount of the item of expenditure
17 in the annual estimate made thereof, he together with his surety
18 or sureties shall be individually liable on his bond therefor.
19 § 3341. Estimates of expenses.
20 The annual estimate of expenses made by the board of public
21 education in each school district of the first class A, at or
22 before the time of assessing and levying the annual school tax,
23 shall be certified to the school controller of the district by
24 the secretary of the board. The school controller shall, in a
25 proper book or books kept for that purpose, keep an account with
26 each item of expenditure as therein stated or thereafter changed
27 by the board in the manner herein provided. He shall charge up
28 against each item of such estimate all school orders drawn
29 against the same at the time they are approved by him and he
30 shall not permit any such estimate to be overdrawn. He shall
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1 furnish to the board of public education a monthly statement
2 showing the original amount of each item of such estimate, the
3 amount paid out thereon and the balance, if any, on hand. If any
4 item is exhausted he shall promptly notify the board of such
5 fact.
6 § 3342. Annual statement of finances for past year.
7 The school controller in every school district of the first
8 class A shall, on or before April 30 of each year, submit to the
9 board of public education therein an annual itemized statement
10 of the finances of the school district for the past year. Such
11 statement shall include all assets of the district and the
12 source from which they were obtained, together with the amount
13 of uncollected school taxes, stating the amount of delinquent
14 taxes of each year remaining unpaid. The statement shall also
15 set forth the disbursements named in the several items of
16 expenditure, as well as the outstanding indebtedness of the
17 district, if any, together with the rate of interest on the same
18 and when it becomes due. It shall include a statement of the
19 sinking fund of the district, if any, including the securities
20 therein held by the district. The statement shall also contain
21 such further facts and information as the controller may see
22 proper to report.
23 § 3343. Information for estimates and tax levies.
24 The school controller in every school district of the first
25 class A shall also furnish annually to the board of public
26 education, on or before November 1, such information as he may
27 think proper, or as may be required of him by the board of
28 public education, in order to enable it to prepare the annual
29 estimate of expenditures and tax levy for the coming school
30 year.
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1 § 3344. Audit of finances by school controller.
2 The finances of every school district of the first class A
3 and of every joint school board, in every department thereof,
4 together with the accounts of all school treasurers, school
5 depositories, teachers' retirement funds, teachers' institute
6 funds, directors' association funds, sinking funds and other
7 funds belonging to or controlled by the district shall be
8 properly audited by the school controller.
9 § 3345. Limitation on employment of controllers and auditors.
10 No elected county, city, borough, town or township controller
11 or auditor, and no controller or auditor appointed to fill a
12 vacancy in the office of county, city, borough, town or township
13 controller or auditor for the unexpired term of the previous
14 controller or auditor, shall be employed in any other capacity
15 by a school district of the first class A or joint school board
16 if he audits any finances or any funds belonging to or
17 controlled by any school district of the first class A or joint
18 school board.
19 § 3346. Statements of accounts.
20 In order that the accounts may be thoroughly and properly
21 audited, it shall be the duty of all boards of school directors
22 of districts of the first class A and their proper officers,
23 school depositories, district superintendents, treasurers of
24 directors' associations, treasurers of teachers' retirement
25 funds and other proper persons to furnish to such auditors,
26 whenever required by them for auditing purposes, statements and
27 accounts of all finances of the district, of teachers'
28 institutes or directors' associations, and other funds belonging
29 to or controlled by the district, including assets and
30 liabilities, together with access to all books, records, tax
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1 duplicates, vouchers, school orders, payrolls, letters and other
2 matters pertaining to the same.
3 § 3347. Power to issue subpoenas and administer oaths.
4 The auditors in any school district of the first class A
5 shall have power and are hereby authorized to issue subpoenas to
6 compel the attendance of school officers or other persons whom
7 they may deem necessary to examine as witnesses and to compel
8 the production of all books, records, vouchers, letters and
9 papers relating to any accounts being audited by them. The
10 auditors shall have power to administer oaths or affirmations to
11 all persons appearing before them as witnesses and any person
12 guilty of testifying falsely in any such examination shall be
13 guilty of perjury and be liable for and subject to all the
14 penalties provided therefor.
15 § 3348. Disobedience to subpoena.
16 In case of disobedience to a subpoena to appear and testify
17 or to produce any papers, books, records, vouchers, letters or
18 other written or printed matter, as required by the provisions
19 of this subchapter, the Secretary of Education, school
20 controller or auditors, as the case may be, may invoke the aid
21 of the court of common pleas of the county, within whose
22 jurisdiction such hearing is held or accounts are being audited,
23 to compel compliance with the same. Any such court, in case of
24 contumacy or refusal to obey a subpoena, may issue its orders to
25 such person so refusing to appear and testify or to produce
26 books, papers, vouchers or other written or printed matter. Any
27 failure to obey such order of court may be punished by the court
28 as contempt thereof.
29 § 3349. Witness fees.
30 Every witness attending before any auditors in any school
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1 district of the first class A shall receive, out of the funds of
2 the district, to be paid by a proper order drawn on the school
3 treasurer, the same witness fees and mileage as a witness is
4 allowed in the court of common pleas of the county in which such
5 district is located.
6 § 3350. Copies of reports.
7 In all school districts of the first class A the auditors'
8 report of the finances of the district for the preceding year,
9 as made by the auditors, shall be filed with the board of school
10 directors, entered on the minutes of the board by the secretary
11 thereof and forwarded to the Secretary of Education. A copy of
12 such report shall be filed with the intermediate unit board of
13 directors.
14 § 3351. Duties of controller.
15 The school controller in each school district of the first
16 class A shall properly audit the finances of the school
17 district, including the accounts of the receiver of school
18 taxes, school treasurer or other proper authority collecting
19 school taxes, school depositories and all other funds under the
20 control of the board of public education. The school controller
21 shall, at the end of each school year, certify to the board of
22 public education that he has audited the several accounts above
23 stated and shall report to it the result of such audit.
24 § 3352. Inconsistent provisions.
25 In the event any of the provisions of this subchapter are in
26 conflict with any other provisions of this part, the provisions
27 of this subchapter shall control insofar as they relate to
28 school districts of the first class A.
29 SUBCHAPTER D
30 APPEALS FROM AUDITS
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1 Sec.
2 3361. Filing of appeals from reports.
3 3362. Filing of appeal bonds.
4 3363. Scope of judicial review.
5 3364. Rights of taxpayers following appeals.
6 3365. Entry of judgments for amounts of surcharge.
7 3366. Collection and enforcement of judgments.
8 § 3361. Filing of appeals from reports.
9 (a) Right of appeal.--Any of the following may appeal any
10 auditor's report:
11 (1) The Commonwealth.
12 (2) The school entity.
13 (3) Any taxpayer thereof on behalf of the Commonwealth
14 or school entity.
15 (4) Any person against whom any sum has been surcharged
16 in the report.
17 (b) Time of filing appeal.--The appeal shall be taken to the
18 court of common pleas of the proper county:
19 (1) Within 90 days after the report is filed if the
20 Commonwealth is the appellant.
21 (2) Within 45 days after the date of the advertisement
22 by all other appellants.
23 § 3362. Filing of appeal bonds.
24 (a) Appeal by taxpayer.--Any taxpayer taking or intervening
25 in an appeal shall file a sufficient surety bond in the proper
26 court of common pleas promising to prosecute the appeal
27 effectively and to indemnify and free the school entity from all
28 costs of the appeal if the final decision is adverse to the
29 appealing or intervening taxpayer, or, if in favor of the
30 taxpayer, all costs in excess of any recovery.
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1 (b) Appeal by person surcharged.--Any person surcharged by
2 the auditor's report and taking an appeal shall file a
3 sufficient surety bond in the court promising to prosecute the
4 appeal effectively and to pay all costs of the appeal if the
5 final decision finds the same or greater degree of liability as
6 that found by the report appealed from.
7 (c) Appeal by Commonwealth or school entity.--No bond shall
8 be required where the appellant is the Commonwealth or school
9 entity.
10 § 3363. Scope of judicial review.
11 In any proceeding in the court of common pleas upon an audit
12 appeal, the accounts of the officer or officers in question may
13 be investigated de novo, but the figures and facts found and
14 stated by the auditors in their report of audit shall be taken
15 as prima facie correct as against the officer, and the burden
16 shall be upon each officer whose accounts are in question to
17 establish the credits to which the officer is entitled.
18 § 3364. Rights of taxpayers following appeals.
19 (a) Defense by taxpayer.--Any taxpayer may defend the school
20 entity in any appeal taken by any person surcharged as fully and
21 effectively as the officers of the school entity.
22 (b) Consent of taxpayer to settlement.--When an appeal has
23 been taken by any taxpayer, the officers of the governing board
24 shall not make settlement with any person or persons surcharged
25 with any sum or sums, or whose accounts shall be involved in any
26 appeal, without the consent of the taxpayer.
27 § 3365. Entry of judgments for amounts of surcharge.
28 (a) Judgment on appeal.--If any sum shall be found by the
29 court to be surchargeable to any person whose accounts are
30 involved in any appeal, the prothonotary shall enter judgment
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1 for the sum in favor of the school entity and against the person
2 surcharged.
3 (b) Judgment on audit.--If in any report filed by the
4 auditors of any school entity there has been any sum surcharged
5 against any person or persons, the amount surcharged against the
6 person or persons shall, within the time prescribed by this
7 chapter, become a judgment and shall be entered by the
8 prothonotary in favor of the audited entity against the person
9 or persons surcharged. The judgment shall be collected from the
10 person or persons or his or their sureties by the school entity
11 for its use and benefit.
12 § 3366. Collection and enforcement of judgments.
13 (a) Judgment on appeal.--The Commonwealth, the school entity
14 or appealing taxpayer may cause the judgment entered pursuant to
15 section 3365(a) (relating to entry of judgments for amounts of
16 surcharge) to be collected from the person surcharged or his
17 sureties, for the benefit of the school entity, by execution or
18 other appropriate method.
19 (b) Judgment on audit.--Any taxpayer of a school entity may,
20 on its behalf, proceed to enforce collection of the judgment
21 entered pursuant to section 3365(b) for the school entity, by
22 execution or other appropriate proceeding, upon filing bond with
23 sufficient surety or sureties, conditioned to indemnify and save
24 harmless the school entity from any cost accruing by reason of
25 the proceedings.
26 CHAPTER 35
27 TAXATION
28 Subchapter
29 A. General Provisions
30 B. Provisions Applicable to First Class and First Class A
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1 Districts
2 C. Personal Property Tax in First Class and First Class A
3 Districts
4 D. Business Receipts Tax in First Class and First Class A
5 Districts
6 E. Mercantile Tax in First Class and First Class A Districts
7 F. Earnings Tax in First Class A Districts
8 G. Provisions Applicable to Second Class Districts
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 3501. School boards to levy taxes for district.
13 3502. Time and uniformity of tax levy.
14 3503. Affidavit of uncollectability of real property taxes.
15 3504. Certain taxable property acquired by Commonwealth.
16 3505. Construction of chapter.
17 3506. Severability provision.
18 § 3501. School boards to levy taxes for district.
19 All taxes required or authorized by this title or required or
20 authorized by any other title or statute for the school district
21 shall be levied by the board of school directors therein.
22 § 3502. Time and uniformity of tax levy.
23 (a) General rule.--There shall be only one levy of school
24 taxes in each school district in each year which shall be
25 uniform throughout the territorial limit of each school
26 district.
27 (b) Special tax by combined district.--Whenever school
28 districts operating on different fiscal years are combined, the
29 governing board of the surviving district may levy a special
30 school tax on the territory of any previous district whose
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1 fiscal year expires earlier than that of the surviving district
2 for the purpose of providing for the expense, maintenance and
3 floating indebtedness of the school district until the beginning
4 of the next fiscal year. The levy shall not exceed one-half of
5 the last previous total annual millage levied by the surviving
6 school district.
7 (c) Tax in combined districts.--When two or more school
8 districts have been combined in accordance with the provision of
9 section 2531 (relating to voluntary combination of school
10 districts), the boards of school directors of the component
11 school districts by a majority vote of all members shall levy a
12 uniform school tax in all component school districts for general
13 revenue purposes necessary to operate the new school district
14 for the first fiscal year following approval to establish the
15 new district.
16 § 3503. Affidavit of uncollectability of real property taxes.
17 Each certificate which any collector of school taxes makes of
18 delinquent school taxes levied upon real estate upon which there
19 is no personal property from which the tax can be collected,
20 shall be accompanied by the affidavit of the tax collector that,
21 after the proper efforts, he could not find sufficient personal
22 property out of which the taxes or any part thereof could be
23 made or collected as provided by law. The affidavit shall be
24 conclusive as to that fact so far as it may affect the lien of
25 the taxes or the title of a purchaser at a sheriff's sale
26 thereunder. In the event the collector shall make a willfully
27 false return he shall be liable to any person or persons injured
28 thereby.
29 § 3504. Certain taxable property acquired by Commonwealth.
30 (a) Certification of valuation.--Whenever the Commonwealth
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1 shall for the purpose of conservation of water or to prevent
2 flood conditions acquire any land or property within the limits
3 of any school districts and shall, by such acquisition, reduce
4 the amount of property within the district taxable for school
5 purposes, the board of school directors shall immediately after
6 the acquisition certify to the Auditor General and to the
7 Secretary of Education the assessed valuation of the lands and
8 property at the time of the acquisition.
9 (b) Payments by Commonwealth.--After the acquisition the
10 board of directors shall from year to year, at the time of its
11 annual levy of taxes for school purposes, certify to the Auditor
12 General and Secretary of Education the rate of its levy for the
13 next school year. Thereupon, the secretary shall ascertain the
14 amount of taxes which would have been collected upon the
15 assessed valuation, certified as provided in subsection (a), at
16 the rate of levy so certified. Upon the ascertainment of the
17 amount, the amount shall be paid by the Commonwealth during each
18 fiscal year.
19 § 3505. Construction of chapter.
20 This chapter shall not be construed to empower any school
21 district to impose, levy and collect the taxes hereby levied
22 upon any person or real or personal property of any of the
23 classes hereinbefore enumerated not within the power of the
24 General Assembly under the Constitution of the United States.
25 § 3506. Severability provision.
26 If the tax or any portion of the tax imposed upon any person
27 or real or personal property of any of the classes enumerated
28 under the provisions of this chapter, or if any exception of any
29 person or real or personal property of any of the classes as
30 enumerated from the imposition of the tax under the provisions
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1 of this chapter shall be held by any court of competent
2 jurisdiction to be in violation of the Constitution of the
3 United States or of the Commonwealth of Pennsylvania, the
4 decision shall not affect or impair the right to impose the
5 taxes or the validity of the taxes so imposed upon the personal
6 use or personal property of the other classes, as enumerated, or
7 to impose the taxes on the persons or the real or personal
8 property so excepted. It is the intent of the General Assembly
9 that the taxes imposed or excepted, so held to be
10 unconstitutional, were not to be imposed or excepted, as the
11 case may be, but that the taxes imposed upon all other personal
12 property made taxable under this chapter to be imposed and that
13 taxes on the personal property excepted were to be imposed
14 thereon.
15 SUBCHAPTER B
16 PROVISIONS APPLICABLE TO FIRST CLASS
17 AND FIRST CLASS A DISTRICTS
18 Sec.
19 3511. Powers and duties of collector or treasurer.
20 3512. Appeals from decisions of tax collectors.
21 3513. Board of appeals in first class districts.
22 3514. Estimates of valuation of taxable personal property.
23 3515. Taxes payable by persons making returns.
24 3516. Acceptance of taxes payable under protest.
25 3517. Taxes collected by collector or treasurer.
26 3518. Examination of records to determine tax liability.
27 3519. Unpaid real property taxes lien on property.
28 3520. Penalties.
29 3521. Levy of taxes in general.
30 3522. Certification of property assessed for municipal
19810H1300B2899 - 278 -
1 purposes.
2 3523. Certification of levy and tax duplicates.
3 3524. Levy of additional real property taxes.
4 3525. Additional taxes in first class A districts.
5 § 3511. Powers and duties of collector or treasurer.
6 (a) Definition.--As used in this section "collector"
7 includes the school treasurer where no collector is authorized.
8 (b) Collection of taxes.--It shall be the duty of the
9 collector to collect and receive the taxes, fines and penalties
10 imposed under this chapter for payment over to the school
11 treasurer. It shall also be his duty to keep a record showing
12 the amount received by him from each person paying the tax and
13 the date of such receipt.
14 (c) Administration and enforcement.--The collector is hereby
15 charged with the administration and enforcement of the
16 provisions of this chapter and is hereby empowered to prescribe,
17 adopt, promulgate and enforce rules and regulations relating to
18 any matter pertaining to the administration and enforcement of
19 this chapter including provisions for the reexamination and
20 correction of declarations and returns, and of payments alleged
21 or found to be incorrect, or as to which an overpayment is
22 claimed or found to have occurred, and to prescribe forms
23 necessary for the administration of this chapter.
24 (d) Examination of records of taxpayer.--The collector is
25 hereby authorized to examine the books, papers and records of
26 any taxpayer or supposed taxpayer in order to verify the
27 accuracy of any return made or, if no return was made, to
28 ascertain the tax imposed. Every taxpayer or supposed taxpayer
29 is hereby directed and required to give to the collector the
30 means, facilities and opportunity for such examinations and
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1 investigations as are hereby authorized. The collector is hereby
2 authorized to examine any person connected with any business
3 concerning any receipts which were or should have been returned
4 and to this end may compel the production of books, papers and
5 records and the attendance of all persons before him, whether as
6 parties or witnesses, whom he believes to have knowledge of such
7 receipts.
8 (e) Confidentiality of tax information.--Any information
9 gained by the treasurer, his agents or by any other official or
10 agent of the school district imposing a tax under this chapter,
11 as a result of any declarations, returns, investigations,
12 hearings or verifications required or authorized by this chapter
13 shall be confidential except for official purposes and except in
14 accordance with a proper judicial order or as otherwise provided
15 by law.
16 (f) Powers cumulative.--The powers conferred by this chapter
17 upon the collector relating to the administration and
18 enforcement of this chapter shall be in addition to, but not
19 exclusive of, any other powers heretofore or hereafter conferred
20 upon him.
21 § 3512. Appeals from decisions of tax collectors.
22 (a) First class A districts.--Any person aggrieved by any
23 decision of the collector in districts of the first class A
24 shall have the right of appeal to the court of common pleas.
25 (b) First class districts.--Except as otherwise provided in
26 section 3513 (relating to board of appeals in first class
27 districts), any person aggrieved by any decision of the
28 collector in districts of the first class shall have the right
29 of appeal to the court of common pleas.
30 § 3513. Board of appeals in first class districts.
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1 (a) Establishment and function.--The board of public
2 education in each school district of the first class shall
3 establish a board of appeals consisting of at least three
4 members of the board of education and such other person or
5 persons as it shall designate. A majority of the members of the
6 board of appeals may act upon any matter within its
7 jurisdiction. There shall be no appeal from any decision of the
8 board of appeals. The board of appeals shall receive, consider
9 and render decisions on petitions filed with it requesting
10 either or both of the following:
11 (1) An abatement in whole or in part of penalties and
12 interest.
13 (2) A compromise of the tax.
14 (b) Petition and hearing.--Petitions shall be filed by the
15 taxpayer within 60 days after the date of mailing of notice of
16 assessment to the taxpayer, or his representative. All petitions
17 shall be under oath and shall state the reasons supporting the
18 request for relief. The petitioner shall have the right to be
19 heard in person or by counsel, or both, before the board of
20 appeals which shall hear the case within 60 days of receipt of
21 the petition.
22 (c) Decision of board.--Decisions of the board of appeals
23 shall be rendered within 90 days after hearing and a copy
24 thereof shall be promptly transmitted to the taxpayer or his
25 representative. Upon the rendition of a decision by the board of
26 appeals approving the request for compromise or for abatement of
27 penalties and interest and upon payment by the taxpayer of the
28 amount of tax in the manner stated in the decision of the board
29 of appeals, the claim of the school district shall be marked
30 paid upon the records of the department of collections and any
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1 judgment or lien of record which may exist with respect to such
2 claims shall be marked satisfied by the school district. The
3 cost of satisfying the judgment or lien shall be paid by the
4 taxpayer unless otherwise ordered by the board of appeals.
5 (d) Board regulations.--The board of appeals shall have the
6 power to prescribe, promulgate and enforce such rules and
7 regulations as may be necessary to implement the administration
8 of the provisions of this section.
9 § 3514. Estimates of valuation of taxable personal property.
10 For the purpose of enabling the board of public education to
11 levy the taxes imposed by this chapter, it shall be the duty of
12 the board to furnish annually, at the same time as it furnishes
13 the valuation of real property to the boards of public education
14 in school districts of the first class and first class A, and to
15 the receiver of school taxes, or in school districts in which
16 there is no receiver of school taxes to the school treasurer, an
17 estimate of the total valuation of all personal property taxable
18 for school purposes.
19 § 3515. Taxes payable by persons making returns.
20 The person making the return shall pay the amount of tax
21 shown as due thereon to the collector.
22 § 3516. Acceptance of taxes payable under protest.
23 The treasurer is hereby authorized to accept payment under
24 protest of the amount of tax claimed by the school district
25 imposing a tax under this chapter in a case where any person
26 disputes the validity or amount of the claim. If it is
27 thereafter judicially determined by a court of competent
28 jurisdiction that there has been an overpayment to the
29 treasurer, the amount of the overpayment shall be refunded to
30 the person who paid under protest.
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1 § 3517. Taxes collected by collector or treasurer.
2 All taxes, penalties and fines imposed under the provisions
3 of this chapter shall be paid to, and collected by, the
4 collector of school taxes or, in school districts in which there
5 is no collector, by the school treasurer.
6 § 3518. Examination of records to determine tax liability.
7 (a) General rule.--The board, or any employee authorized in
8 writing by it, is hereby authorized to examine the books, papers
9 and records of any resident in order to verify the accuracy of
10 any return made or, if no return was made, to ascertain and
11 assess the tax imposed by this chapter. The resident is hereby
12 directed and required to give to the board or its duly
13 authorized employees the means, facilities and opportunity for
14 such examinations and investigations as are hereby provided and
15 authorized. The board is hereby authorized to examine any person
16 under oath concerning any property which was, or should have
17 been, returned for taxation, and to this end may compel the
18 production of books, papers and records and the attendance of
19 all persons, whether as parties or witnesses, which it believes
20 have knowledge of such property. In the event of the refusal of
21 any taxpayer to permit the examination of his books and records,
22 or upon his refusal to appear before the board or to testify, or
23 in the event of his refusal to produce books, papers and records
24 which the board has directed to be produced, the board may have
25 recourse to the court of common pleas of the county, which court
26 shall upon cause shown direct the attendance of witnesses and
27 the production of such books, papers and records.
28 (b) Authority to issue regulations.--The board is hereby
29 authorized and empowered to prescribe, adopt, promulgate and
30 enforce rules and regulations relating to any matter or thing
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1 pertaining to the administration and enforcement of the
2 provisions of this chapter and the collection of the taxes,
3 penalties and interest imposed under this chapter.
4 (c) Board powers cumulative.--The powers conferred by this
5 title upon the board relating to the administration and
6 enforcement of this chapter shall be in addition to, but not
7 exclusive of, any other powers heretofore or hereafter conferred
8 upon the said board by law.
9 § 3519. Unpaid real property taxes lien on property.
10 In all school districts of the first class, all unpaid school
11 taxes assessed on any real property shall be liens thereon and
12 subject to like provisions and restrictions as exist and shall
13 exist in the case of all other taxes assessed in this
14 Commonwealth. The taxes and liens shall be filed, enforced and
15 collected by the proper authority in accordance with the
16 provisions which shall be applicable in the cases of other taxes
17 assessed in this Commonwealth.
18 § 3520. Penalties.
19 (a) Definition.--As used in this section "person" as applied
20 to associations shall mean the partners or members thereof, and
21 as applied to corporations shall mean the officers thereof.
22 (b) Nonappearance before collector.--Any person who
23 willfully fails or refuses to appear before the collector in
24 person with his books, records or accounts for examination when
25 required under the provisions of this chapter commits a summary
26 offense.
27 (c) False return.--Any person who shall willfully and
28 corruptly make a false and fraudulent return, as aforesaid,
29 commits a misdemeanor of the third degree.
30 (d) Failure to file return.--Any person who willfully fails
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1 or refuses to file any return containing the information
2 required by this chapter commits a misdemeanor of the third
3 degree.
4 (e) Confidentiality of returns.--Any person who divulges any
5 information which is confidential under the provisions of
6 section 3511(e) (relating to powers and duties of collector or
7 treasurer) commits a misdemeanor of the third degree.
8 (f) Penalties cumulative.--The penalties imposed under this
9 section shall be in addition to any other penalty imposed by any
10 other section of this chapter.
11 § 3521. Levy of taxes in general.
12 (a) Time of levy.--
13 (1) In all school districts of the first class the
14 school taxes for the following fiscal year shall be levied
15 annually, by class the board of public education thereof, on
16 or after the second Monday of November and before the first
17 Monday of December following.
18 (2) In all school districts of the first class A, the
19 school taxes for the following fiscal year shall be levied
20 annually by the board of public education thereof, on or
21 after the first Monday of December and before the end of the
22 current fiscal year.
23 (b) Amount and purpose of tax.--The board of public
24 education shall annually levy a tax on each dollar of the total
25 assessments of all property assessed and certified for taxation
26 in the district, which tax shall be ascertained, determined and
27 fixed at an amount which, with all moneys received from the
28 Commonwealth applicable thereto, shall be sufficient to pay:
29 (1) The minimum salaries and increments of the teaching
30 and supervisory staff thereof as fixed and provided by law
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1 and to pay the contributions of the district to the teachers
2 retirement system.
3 (2) Interest on, and retire at maturity the principal
4 of, the indebtedness of the district incurred as authorized
5 by law.
6 (3) Any rentals agreed to be paid to the State Public
7 School Building Authority or any other authority created by
8 the General Assembly having Statewide jurisdiction.
9 (4) All other expenses and requirements of the district,
10 which amount shall be equivalent to not less than three nor
11 more than five mills on the dollar of the total assessment of
12 all property assessed and certified for taxation therein.
13 (c) Limitation in first class districts.--The total annual
14 school tax levy for all purposes in any school district of the
15 first class shall be no more than 11-3/4 mills on the dollar of
16 the total assessment of all property assessed and certified for
17 taxation in the territory constituting the district.
18 (d) Property subject to tax.--In all school districts of the
19 first class or first class A, the school taxes shall be levied
20 upon the same real estate and property as that upon which the
21 municipal taxes of the municipality or municipalities comprising
22 the school district are levied and assessed. All of the real
23 estate and property taxable for municipal purposes is hereby
24 made taxable for school purposes in each school district of the
25 first class or first class A.
26 (e) Additional tax by new district.--Any school district of
27 the first class assuming any bonded indebtedness of any former
28 school district, sub-school district or ward school district
29 within its limits, may levy and collect a school tax, not to
30 exceed eight and one-half mills on the dollar of the total
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1 assessment of all property assessed and certified for taxation
2 therein, until such assumed bonded indebtedness has been paid,
3 after which the school tax levy shall not exceed the limitations
4 fixed by this chapter.
5 § 3522. Certification of property assessed for municipal
6 purposes.
7 (a) Statement from municipalities.--To permit the board of
8 public education to levy the necessary school taxes for each
9 school year, the proper authority shall certify to the board
10 before November 1 each year, in the municipality or
11 municipalities comprising school districts of the first class or
12 first class A, a statement of the total assessment of all real
13 estate and property taxable for municipal purposes in the
14 municipality or municipalities comprising such school district.
15 (b) Duplicate from county.--When school districts of the
16 first class or first class A are coterminous with a municipality
17 or municipalities and the taxes that are levied and assessed on
18 real estate and personal property are those contained in the
19 assessments made for county tax purposes, the proper county
20 assessing authorities shall furnish to the board of public
21 education, annually, on or before November 1, a properly
22 certified duplicate of the existing adjusted valuation of all
23 property taxable for county purposes and for municipal purposes
24 within the territorial limits of the municipality or
25 municipalities comprising the school district, excepting only
26 assessments of intangible personal property not subject to the
27 payment of school taxes.
28 § 3523. Certification of levy and tax duplicates.
29 In all school districts of the first class, as soon as the
30 school tax is levied by the board of public education the amount
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1 of the levy shall be properly certified by the president and
2 secretary of the board to the proper authority authorized to
3 prepare tax duplicates. The authority shall enter the levy on
4 the tax duplicate and properly certify the duplicate to the
5 proper authority collecting the municipal taxes in the district.
6 The school taxes will then be collected as provided by law, at
7 the same time, in the same manner and subject to the same
8 discounts and penalties as other taxes collected in the
9 municipalities.
10 § 3524. Levy of additional real property taxes.
11 (a) General rule.--The board of public education in school
12 districts of the first class and first class A shall levy
13 annually, at the time authorized for the levy of other school
14 taxes, a tax of not less than 4-1/2 mills nor more than 5 mills,
15 in the case of first class districts, and not less than 4-3/4
16 mills nor more than 29 mills, in the case of first class A
17 districts, on each dollar of the total assessment of all real
18 property assessed and certified for taxation in the districts.
19 (b) Use.--The taxes and penalties collected under the
20 provisions of this section shall be used for general school
21 purposes and shall be additional to any other taxes which these
22 classes of school districts are empowered to levy and collect
23 under existing law.
24 § 3525. Additional taxes in first class A districts.
25 (a) General rule.--In addition to the taxes authorized by
26 this chapter, the elected board of public education of school
27 districts of the first class A may levy, by ordinance, a tax or
28 taxes on any persons, transactions, occupations, privileges,
29 subject and real or personal property as it shall determine not
30 prohibited by the act of December 31, 1965 (P.L.1257, No.511),
19810H1300B2899 - 288 -
1 known as "The Local Tax Enabling Act," but no ordinance may
2 authorize the imposition of a tax on the wages, salary or net
3 income of any person not a resident of the school district.
4 (b) Contents of tax ordinance.--Any ordinance authorizing a
5 tax, other than under a statute and at the rate fixed thereby,
6 shall fix the rate and provide for the levy, assessment and
7 collection of the tax.
8 (c) Taxation by coterminous political subdivisions.--In any
9 case where an ordinance of the elected board of education
10 imposes a tax on the same subject and person on which any
11 coterminous political subdivision imposes a similar tax, the
12 rate shall be reduced by one-half as provided in section 8 of
13 "The Local Tax Enabling Act."
14 SUBCHAPTER C
15 PERSONAL PROPERTY TAX IN FIRST CLASS
16 AND FIRST CLASS A DISTRICTS
17 Sec.
18 3531. Definitions.
19 3532. Property taxable, rate of tax and levy.
20 3533. Filing tax returns.
21 3534. Assessment of tax for unreported property.
22 3535. Petitions for reassessment and appeals.
23 3536. Assessment and collection of taxes on property of
24 decedents.
25 3537. Time and conditions of payment of taxes.
26 3538. Interest, tax lien and claims.
27 3539. Alternate provision if subchapter unconstitutional.
28 § 3531. Definitions.
29 The following words and phrases when used in this subchapter
30 shall have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Board." The board of revision of taxes or other county
3 assessing authorities of any county in which a school district
4 of the first class or first class A is located.
5 "Resident." A person, copartnership or unincorporated
6 association or company, resident, located or liable to taxation
7 within a school district of the first class or first class A
8 levying a tax under the provisions of this subchapter, or a
9 joint-stock company or association, limited partnership, bank or
10 corporation formed, created or incorporated by, under, or in
11 pursuance of any law of this Commonwealth, or of the United
12 States or of any other state or government, and liable to
13 taxation within a school district of the first class A levying a
14 tax under this subchapter.
15 § 3532. Property taxable, rate of tax and levy.
16 (a) General rule.--All personal property of the classes
17 enumerated in this section, owned, held or possessed by any
18 resident, whether the personal property be owned, held, or
19 possessed by the resident in his or its own right, or as active
20 trustee, agent, attorney-in-fact, or in any other capacity, or
21 by any resident as trustee, agent, or attorney-in-fact, jointly
22 with one or more trustees, agents or attorney-in-fact, domiciled
23 in another state or within this Commonwealth, but outside the
24 school district levying the tax, where the personal property is
25 held and managed in the school district of the first class or
26 the first class A, except as executor or administrator of the
27 estate of a nonresident decedent, and except as trustee for a
28 resident or nonresident religious, charitable or educational
29 organization, no part of the net earnings of which inures to the
30 benefit of any private stockholder or individuals for the use,
19810H1300B2899 - 290 -
1 benefit or advantage of any other person, copartnership,
2 unincorporated association, company, joint-stock company or
3 association, limited partnership, bank or corporation; and the
4 equitable interest in any personal property of the classes
5 hereinafter enumerated, owned, held or possessed by any resident
6 where the legal title to personal property is vested in a
7 trustee, agent or attorney-in-fact domiciled in another state,
8 or within this Commonwealth, but outside the school district
9 levying the tax; or where the legal title to the personal
10 property is vested in more than one trustee, agent or attorney-
11 in-fact, one or more of whom are domiciled in another state, or
12 within this Commonwealth, but outside the school district
13 levying the tax, and one or more of whom are domiciled within
14 the school district, the personal property is held and managed
15 in another state, or within this Commonwealth but outside the
16 school district levying the tax, and where the resident is
17 entitled to receive all or part of the income therefrom, is
18 hereby made taxable annually for public school purposes in
19 school districts of the first class and the first class A and
20 shall be levied upon annually by the board of public education
21 in the school districts at the rate of not less than one nor
22 more than 4 mills on each $1 of the value thereof, and no
23 failure to assess or return the same shall discharge the owner
24 or holder thereof from liability therefor.
25 (b) Property subject to tax.--
26 (1) In districts of the first class the following
27 personal property is subject to the tax imposed under this
28 subchapter:
29 (i) All mortgages, all moneys owing by solvent
30 debtors, whether by promissory note or penal or single
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1 bill, bond or judgment, and all articles of agreement and
2 accounts bearing interest.
3 (ii) All public loans whatsoever except those issued
4 by the Commonwealth or the United States and except the
5 public loans and obligations of any political subdivision
6 of this Commonwealth and except the bonds and obligations
7 of bodies corporate and politic of this Commonwealth
8 known as municipal authorities.
9 (iii) All loans issued by any corporation,
10 association, company or limited partnership, created or
11 formed under the laws of this Commonwealth or of the
12 United States or of any other state or government
13 including car-trust securities, loans secured by bonds or
14 any other form of certificate or evidence of
15 indebtedness, whether the interest be included in the
16 principal of the obligation or payable by the terms
17 thereof.
18 (iv) All scrip, bonds, certificates and evidence of
19 indebtedness issued and all scrip, bonds, certificates
20 and evidences of indebtedness assumed or on which
21 interest shall be paid by any and every private
22 corporation, incorporated or created under the laws of
23 this Commonwealth or the laws of any other state or of
24 the United States and doing business in any school
25 district of the first class levying the tax except first
26 class or nonprofit corporations.
27 (v) All shares of stock in any bank, corporation,
28 association, company, or limited partnership, created or
29 formed under the laws of this Commonwealth or of the
30 United States or of any other state or government except
19810H1300B2899 - 292 -
1 shares of stock in any bank, bank and trust company,
2 national banking association, savings institutions,
3 corporation or limited partnership liable to a tax on its
4 shares or a gross premiums tax or liable to or relieved
5 from the capital stock or franchise tax for Commonwealth
6 purposes under the laws of this Commonwealth, and all
7 moneys loaned or invested in other states, territories,
8 the District of Columbia or foreign countries.
9 (vi) All other moneyed capital owing to individual
10 citizens of the school district levying the tax.
11 (2) In school districts of the first class A the
12 following personal property is subject to the tax imposed
13 under this subchapter:
14 (i) All mortgages, all moneys owing by solvent
15 debtors, whether by promissory note or penal or single
16 bill, bond or judgment and all articles of agreement and
17 accounts bearing interest.
18 (ii) All public loans whatsoever except those issued
19 by the Commonwealth or the United States and except the
20 public loans and obligations of any political subdivision
21 of this Commonwealth and except the bonds and obligations
22 of bodies corporate and politic of this Commonwealth
23 known as municipal authorities.
24 (iii) All loans issued by any corporation,
25 association, company or limited partnership created or
26 formed under the laws of this Commonwealth or of the
27 United States or of any other state or government
28 including car-trust securities, loans secured by bonds or
29 any other form of certificate or evidence of
30 indebtedness, whether the interest be included in the
19810H1300B2899 - 293 -
1 principal of the obligation or payable by the terms
2 thereof, except such loans as are made taxable for
3 Commonwealth purposes by section 17 of the act of June
4 22, 1935 (P.L.414, No.182), known as the "State Personal
5 Property Tax Act."
6 (iv) All shares of stock in any bank, corporation,
7 association, company or limited partnership created or
8 formed under the laws of this Commonwealth or of the
9 United States or of any other state or government except
10 shares of stock in any bank, bank and trust company,
11 national banking association, savings institutions,
12 corporation or limited partnership liable to a tax on its
13 shares or a gross premiums tax or liable to or relieved
14 from the capital stock or franchise tax for Commonwealth
15 purposes under the laws of this Commonwealth, and all
16 moneys loaned or invested in other states, territories,
17 the District of Columbia or foreign countries.
18 (v) All other moneyed capital owing to individual
19 citizens of the school district levying the tax.
20 (c) Exemptions from tax.--This subchapter shall not apply
21 to:
22 (1) Bank notes or notes discounted or negotiated by any
23 bank or banking institution, savings institution or trust
24 company.
25 (2) Loans, shares of stock or other securities held by
26 bankers or brokers solely for trading purposes or to accounts
27 or debit balances owing by customers of bankers or brokers in
28 the usual courses of business.
29 (3) Interest bearing accounts in any bank or banking
30 institution, savings institution or employees' thrift or
19810H1300B2899 - 294 -
1 savings association, whether operated by employees or the
2 employer or trust company.
3 (4) Personal property held in the commercial department
4 and owned in its own right by a banking institution, savings
5 institution or trust company in liquidation by a receiver,
6 trustee or other fiduciary.
7 (5) Personal property formerly held by a banking
8 institution in its own right but assigned by it to one or
9 more trustees for liquidation and payment to the creditors
10 and stockholders of such banking institutions.
11 (6) Proceeds of any life insurance policy held in whole
12 or part by the insurer or the principal value of annuities.
13 (7) Personal property held in any trust forming part of
14 a stock, bonus, pension or profit-sharing plan of an employer
15 for the exclusive benefit of his employees or their
16 beneficiaries which trust under the latest ruling of the
17 Commissioner of Internal Revenue is exempted from Federal
18 income tax.
19 (8) Personal property held under the provisions of a
20 plan established by or for an individual or individuals for
21 retirement purposes if the plan meets the requirements for
22 exemption from Federal income tax of income earned on
23 investments held under its provisions.
24 (9) Building and loan associations or shares of stock
25 issued by building and loan associations or savings
26 institutions having no capital stock, and if at any time,
27 either now or hereafter, any persons, individuals or bodies
28 corporate have agreed or shall hereafter agree to issue his,
29 their, or its securities, bonds or other evidences of
30 indebtedness clear of, and free from, the tax herein provided
19810H1300B2899 - 295 -
1 for, or any part thereof, or have agreed or shall hereafter
2 agree to pay the same. Nothing herein contained shall be so
3 construed as to relieve or exempt him, it, or them, from
4 paying the tax on any of such securities, bonds or other
5 evidences of indebtedness as may be held, owned by or owing
6 to the savings institution having no capital stock.
7 (10) Fire companies, firemen's relief associations, life
8 casualty or fire insurance corporations having no capital
9 stock, secret and beneficial societies, labor unions, labor
10 union relief associations and all beneficial organizations
11 paying sick or death benefits from funds received from
12 voluntary contributions or assessments upon members of the
13 associations, societies or unions.
14 (11) Corporations, limited partnerships and joint-stock
15 associations liable to tax on their shares or the capital
16 stock or franchise tax for Commonwealth purposes shall not be
17 required to make any report or pay any further tax under this
18 section on the mortgages, bonds and other securities owned by
19 them in their own right, but corporations, limited
20 partnerships and joint-stock associations holding the
21 securities as trustees, executors, administrators, guardians
22 or in any other manner, except as mere custodian for the real
23 owner or as executor or administrator of the estate of a
24 nonresident decedent or as trustee for a resident or
25 nonresident religious, charitable or educational
26 organization, no part of the net earnings of which inures to
27 the benefit of any private stockholder or individual shall
28 return and pay the tax imposed by this section upon all
29 securities so held by them as in the case of individuals.
30 (12) Personal property of the classes enumerated in this
19810H1300B2899 - 296 -
1 section received or acquired with proceeds of money or
2 property received from any person or persons, copartnership,
3 unincorporated association or company nonresident in or not
4 located within the school districts, or from any joint-stock
5 company or association, limited partnership, bank or
6 corporation formed, erected or incorporated by, under, or in
7 pursuance of any law of the United States of any state or
8 government other than this Commonwealth by any person or
9 persons, copartnership, unincorporated association, company,
10 joint-stock company or association, limited partnership, bank
11 or corporation as active trustee, agent, attorney-in-fact or
12 in any other capacity for the use, benefit or advantage of
13 any person or persons, copartnership or unincorporated
14 association or company nonresident in, or not located within,
15 the school district, or for the use, benefit or advantage of
16 any joint-stock company or association, limited partnership,
17 bank or corporation formed, erected or incorporated by,
18 under, or in pursuance of any law of the United States or of
19 any state or government other than this Commonwealth.
20 (13) Personal property held for the use, benefit or
21 advantage of any resident who shall have, in each of the ten
22 preceding calendar years, given or contributed all of his net
23 income to any corporation organized or operated exclusively
24 for religious, charitable, scientific, literary or
25 educational purposes.
26 (d) Valuation of property.--
27 (1) The value of the equitable interest in any personal
28 property subject to taxation under this subchapter shall be
29 measured by ascertaining the value of the personal property
30 in which the resident has the sole equitable interest or, in
19810H1300B2899 - 297 -
1 case of divided equitable interests in the same personal
2 property, then by ascertaining the part of the value of the
3 whole of the personal property as represents the equitable
4 interest of the resident therein.
5 (2) The value of any taxable shares of stock issued by
6 any regulated investment company as defined under the
7 provisions of the Federal Internal Revenue Code in effect
8 during the year for which the tax return is filed shall be
9 that part of the current value of the shares to be determined
10 by multiplying the current value by a fraction the numerator
11 of which shall be the total value of so much of the personal
12 property owned by the regulated investment company as would
13 be taxable under this subchapter if owned by a resident of
14 this Commonwealth and the denominator of which shall be the
15 total value of all of the personal property owned by the
16 regulated investment company.
17 § 3533. Filing tax returns.
18 (a) General rule.--For the purpose of ascertaining the
19 amount of tax payable under this subchapter, it shall be the
20 duty of every resident liable to pay the tax each year to
21 transmit to the board, upon a form prescribed, prepared and
22 furnished by the board, a return certified by him as full, true
23 and correct to the best of his knowledge and belief. The failure
24 of any taxable resident to receive or procure a return form
25 shall not excuse him from making a return. The return shall set
26 forth:
27 (1) The aggregate actual value of each part of the
28 different classes of property made taxable by this subchapter
29 held, owned or possessed by the resident as of the listing
30 date, fixed annually, in the manner provided herein, either
19810H1300B2899 - 298 -
1 in his own right or as trustee, agent, attorney-in-fact or in
2 any other capacity, for the use, benefit or advantage of any
3 other person, copartnership, unincorporated association,
4 company, limited partnership, joint-stock association or
5 corporation.
6 (2) Such other relevant information as may be required
7 by the board concerning each of the different classes of
8 property enumerated in section 3532 (relating to property
9 taxable, rate of tax and levy) owned, held or in any manner
10 possessed by the resident.
11 (b) Persons required to certify returns.--The return made
12 shall be certified to by the person making the return, if an
13 individual, and in the case of copartnerships, unincorporated
14 associations and joint-stock associations and companies, by some
15 member thereof, and in the case of limited partnerships and
16 corporations, by the president, chairman or treasurer thereof.
17 (c) Property of decedents.--Whenever any personal property
18 taxable under the provisions of this subchapter was owned by a
19 decedent at the time of his death and is held by his executor or
20 administrator, return of the personal property shall be made and
21 the tax paid if the decedent was domiciled at the time of his
22 death in a school district of the first class or first class A
23 notwithstanding the residence or location of the executor or
24 administrator or of any beneficiary, or the place where such
25 securities are kept.
26 (d) Property held in trust.--Whenever any personal property
27 taxable under the provisions of this subchapter is held, owned
28 or possessed as trustee, agent, attorney-in-fact or in any other
29 manner by two or more persons, copartnerships, unincorporated
30 associations, companies, limited partnerships, joint-stock
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1 associations or corporations, all of which are residents of this
2 Commonwealth but not all of which are domiciled in the same
3 school district levying the tax, return of the personal property
4 shall be made in a school district of the first class or first
5 class A where any of them are domiciled and there shall be paid
6 in each such school district that portion of the tax imposed
7 upon the personal property so held, owned or possessed, as the
8 number of the trustees, agents or attorneys-in-fact domiciled
9 therein bears to the total number thereof, notwithstanding the
10 resident of any beneficiary or the place where the personal
11 property is kept.
12 (e) Filing deadline.--The board shall annually fix a day as
13 of which the property made taxable by this subchapter shall be
14 listed and returned. The day so fixed shall be between January 1
15 and 15, both inclusive, and the day so fixed shall be printed or
16 stamped on the forms making returns of the property. If, through
17 inadvertence, mistake or otherwise, the board fails to
18 designated or fix the date or if the date does not appear on the
19 form for making return of the property, the date as of which the
20 property shall be listed and returned shall be the immediately
21 preceding January 1.
22 § 3534. Assessment of tax for unreported property.
23 (a) General rule.--If any taxable resident shall fail to
24 file a return, or fail to include in any return all of his
25 property made taxable by this subchapter or shall file a return
26 which is false, incomplete, incorrect or inaccurate, the board
27 shall make an assessment of tax against the resident of the
28 amount of the tax for which the resident is liable or for which
29 he is believed by the board to be liable, to which estimated
30 return the board shall add 12% and the aggregate amount so
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1 obtained shall be the basis for taxation.
2 (b) Proceedings subsequent to assessment.--The board shall
3 notify by mail the resident of the estimated assessment. If the
4 resident is dissatisfied with the assessment he may, on or
5 before the day fixed for appeals from assessments, present
6 reasons supported by oath or affirmation for his failure to file
7 a return, to include all of his taxable property therein or for
8 having made a return which was incomplete, incorrect or
9 inaccurate, and the board may, if satisfied with the excuse
10 presented, permit the taxpayer to file his own return and
11 substitute the return for the estimated return made by the
12 board. In all cases where a false return has been filed by the
13 taxpayer, the board may not relieve the taxpayer from the
14 payment of the 12% penalty but the estimated return shall be
15 final, except in those cases in which a true and correct return
16 shall reveal a higher assessed value than that contained in the
17 estimated return, in which case the tax and penalty shall be
18 based upon the true valuation.
19 (c) Limitation of actions.--An assessment may be made by the
20 board at any time within five years after any property owned,
21 held or possessed or alleged to have been so owned, held or
22 possessed by any resident should have been returned by him for
23 taxation, notwithstanding he shall have paid a tax assessed on
24 the basis of returns previously made or filed, and
25 notwithstanding the board shall have made previous assessments
26 against such resident. In any case no credit shall be given for
27 any penalty formerly assessed and paid. Any assessment of a tax
28 on personal property of a decedent shall include all property
29 owned, held or possessed by the decedent, which should have been
30 returned by him for taxation for any former year or years not
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1 exceeding five years prior to the year in which the decedent
2 died.
3 § 3535. Petitions for reassessment and appeals.
4 (a) Petition for reassessment.--Any resident against whom an
5 assessment is made may petition the board for a reassessment.
6 Notice of an intention to file the petition or to appear and be
7 heard shall be given to the board within 30 days after notice of
8 the assessment is given or sent by the board to the taxpayer as
9 provided in this subchapter. All petitions shall set forth
10 specifically and in detail the grounds upon which it is claimed
11 the assessment is erroneous or unlawful and shall be accompanied
12 by an affidavit, under oath or affirmation, certifying to the
13 correctness of the facts stated therein.
14 (b) Hearing on petition.--The board shall hold such hearings
15 as may be necessary to hear and determine petitions for
16 reassessment, at such places and at such times as may be
17 determined by rules and regulations of the board, and each
18 petitioner who has duly notified the board of an intention to
19 file a petition for reassessment or to appear and be heard shall
20 be notified by the board of the time when, and the place where,
21 the hearings shall be held. If no petition for reassessment is
22 filed with the board, the petitioner may in lieu thereof appear
23 at the hearing and present his petition orally in which event
24 all testimony or statements of facts shall be made under oath or
25 affirmation.
26 (c) Judicial review.--If the petitioner is dissatisfied with
27 the action of the board on his petition for reassessment, he
28 shall have the right to appeal to the court of common pleas of
29 the county where he resides at any time within 60 days after
30 notice of the action is given to him by the board. In all cases
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1 of petitions for reassessment and appeals, the burden of proof
2 shall be on the petitioner or appellant, as the case may be, and
3 every appeal to the court of common pleas under this section
4 shall specify all the objections to the assessment, and any
5 objection not specified in the appeal shall not be considered by
6 the court.
7 (d) Effect of failure to pursue remedies.--If any resident
8 shall fail to give due notice of an intention to petition for
9 reassessment, and to file a petition for reassessment, or to
10 appear and be heard after due notice of his intention to do so,
11 or to appeal to the court of common pleas within the time and in
12 the manner herein set forth, the right to do so shall be forever
13 barred and any such resident so failing shall not thereafter be
14 permitted in a suit for the recovery of such tax to set up any
15 ground of defense which might have been determined either by the
16 board or the court of common pleas.
17 § 3536. Assessment and collection of taxes on property of
18 decedents.
19 (a) Statement of taxable property.--The executor of every
20 will and the administrator of every estate at the time of filing
21 with the register of wills or clerk of the orphans' court
22 division the inventory and appraisal of the estate, shall file
23 with the register of wills or clerk of the orphans' court
24 division a statement in duplicate, under oath or affirmation,
25 setting forth the items included in the inventory and appraisal
26 which may be liable to the tax imposed by this subchapter. The
27 register or clerk with whom the statement is filed shall
28 forthwith send one copy thereof to the board.
29 (b) Assessment of tax.--It shall be the duty of the board to
30 proceed at once to assess the tax due from the decedent, with
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1 interest, as provided in this subchapter. The assessment shall
2 include all property owned, held or possessed by the decedent,
3 which should have been returned by him for taxation for any
4 former year or years not exceeding five years. In any case where
5 a false, incomplete, incorrect or inaccurate return has been
6 previously filed, the board shall make an additional assessment
7 for the five years immediately preceding the year of assessment
8 in the same manner as otherwise provided in this subchapter.
9 (c) Collection of tax.--The school district levying the tax
10 may proceed to collect the tax by presenting a claim therefor to
11 the orphans' court division of the proper county or may proceed
12 by action or suit at law in any court of competent jurisdiction
13 or take any and all other appropriate steps or procedure for the
14 collection of the taxes.
15 § 3537. Time and conditions of payment of taxes.
16 The tax imposed by this subchapter shall be due and payable
17 at the same time and subject to the same conditions as to
18 discounts, penalties and interest, as in the case of personal
19 property taxes due and payable to the county or city coextensive
20 with the county in which the school district of the first class
21 or first class A levying the tax is located.
22 § 3538. Interest, tax lien and claims.
23 (a) Interest.--The tax imposed by this subchapter shall bear
24 interest at the rate of 6% per annum until paid.
25 (b) Tax lien.--The school district levying the tax may at
26 any time transmit to the prothonotary of the county in which the
27 school district levying the tax is located a certified record of
28 taxes imposed under this subchapter and the penalties and
29 interest thereon. The record transmitted shall contain the name
30 of the taxpayer, his address, if known, amount of tax, penalty
19810H1300B2899 - 304 -
1 and interest due, and the year during which the tax was payable.
2 It shall be the duty of the prothonotary to enter and docket the
3 same of record in the prothonotary's office in a docket
4 designated "personal property tax lien docket" and the tax lien
5 shall be indexed as judgments are now indexed and shall be
6 combined with liens arising from county or, in cities
7 coextensive with counties, city and county personal property
8 taxes. In no event shall the prothonotary be entitled to
9 duplicate fees. All taxes imposed under this subchapter together
10 with penalties and interest thereon shall be a lien on the real
11 estate of the taxpayer within the county until paid. After the
12 liens have been entered and docketed of record by the
13 prothonotary, the liens shall have priority to and be fully paid
14 and satisfied out of the proceeds of any judicial sale of real
15 estate before any other obligation, judgment, claim, lien or
16 estate with which the real estate may become charged, or for
17 which it may become liable, save and except only the costs of
18 the sale and of the writ upon which it is made, and the real
19 estate taxes imposed or assessed upon the property. The tax lien
20 shall continue for a period of five years from the date of
21 entry, and may be revived and continued in the manner now or
22 hereafter provided for revival of judgments, and it shall be
23 lawful for a writ of scire facias to issue and be prosecuted to
24 judgment in the manner in which such writs are now ordinarily
25 employed.
26 (c) Claims.--Claims for taxes due under this subchapter may
27 be collected by action in assumpsit brought by the school
28 district levying the tax against the taxpayer or may be
29 presented at the audit of any estate in the orphans' court
30 division.
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1 § 3539. Alternate provision if subchapter unconstitutional.
2 It is the intent of the General Assembly that the power
3 vested in it to levy taxes shall not be delegated by any of the
4 provisions of this subchapter to any school district of the
5 first class or first class A in violation of the provisions of
6 the Constitution of Pennsylvania. If a court of competent
7 jurisdiction shall hold that such power has been
8 unconstitutionally delegated, the rate of the tax imposed shall
9 be four mills on each dollar of the value of the personal
10 property made taxable, which rate the General Assembly under the
11 circumstances intends to be imposed.
12 SUBCHAPTER D
13 BUSINESS RECEIPTS TAX IN FIRST CLASS
14 AND FIRST CLASS A DISTRICTS
15 3541. Definitions.
16 3542. Authority to levy and collect tax.
17 3543. Imposition and rate of tax.
18 3544. Computation of annual receipts.
19 3545. Tax returns.
20 3546. Collection of unpaid taxes, interest and penalties.
21 3547. Effect of subchapter on tax ordinances.
22 § 3541. Definitions.
23 The following words and phrases when used in this subchapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Affiliated group." One or more chains of corporations
27 connected through stock ownership with a common parent
28 corporation if:
29 (1) stock possessing at least 80% of the voting power of
30 all classes of stock and at least 80% of each class of the
19810H1300B2899 - 306 -
1 nonvoting stock of each such corporation (except the common
2 parent corporation) is owned directly by one or more of the
3 other such corporations; and
4 (2) the common parent corporation owns directly stock
5 possessing at least 80% of the voting power of all classes of
6 stock and at least 80% of each class of the nonvoting stock
7 of at least one of the other such corporations.
8 As used in this definition "stock" does not include nonvoting
9 stock which is limited and preferred as to dividends.
10 "Business." Carrying on or exercising for gain or profit
11 within a school district of the first class any trade, business,
12 including financial business as defined in this section,
13 profession, vocation, or commercial activity, or making sales to
14 persons within the school district of the first class. The term
15 does not include the following:
16 (1) Any business conducted by a nonprofit corporation or
17 association organized for religious, charitable or
18 educational purposes.
19 (2) The business of any political subdivision or of any
20 authority created and organized under and pursuant to any
21 statute.
22 (3) The specific business conducted by any public
23 utility operating under the statutes, rules and regulations
24 administered by the Pennsylvania Public Utility Commission of
25 furnishing or supplying service or services at the fixed
26 rates specified in its tariffs.
27 (4) The business of any insurance company, association
28 or exchange or any fraternal, benefit or beneficial societies
29 of any other state under the laws of which insurance
30 companies, associations or exchanges or fraternal, benefit or
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1 beneficial societies of this Commonwealth doing business in
2 the other state are subjected, by reason of the tax imposed
3 by this subchapter, to additional or further taxes, fines,
4 penalties or license fees by the other state.
5 (5) Any employment for a wage or salary.
6 "Collector." The receiver of school taxes or, in a school
7 district of the first class in which there is no such receiver
8 of school taxes, the school treasurer.
9 "Dividend." Any distribution made by a corporation to its
10 shareholders in respect of its stock, whether ordinary,
11 extraordinary or in liquidation.
12 "Financial business." The services and transactions of
13 private banks and bankers, building and loan associations,
14 savings and loan associations, credit unions, savings banks,
15 banks, bank and trust companies, trust companies, investment
16 companies registered as such with the Federal Securities and
17 Exchange Commission, holding companies, dealers and brokers in
18 money, credits, commercial paper, bonds, notes, securities and
19 stocks, monetary metals, factors and commission merchants.
20 "Net income." Net income from any business activity as
21 returned to and ascertained by the Federal Government.
22 "Person." Any individual, partnership, limited partnership,
23 association or corporation. Whenever used in any provision
24 prescribing or imposing a penalty, the term "person," as applied
25 to associations, shall mean the partners or members thereof, and
26 as applied to corporations, shall mean the officers thereof.
27 "Receipts." Cash, credits and property of any kind or
28 nature, received in or allocable to a school district of the
29 first class from any business or by reason of any sale made,
30 including resale of goods, wares or merchandise taken by a
19810H1300B2899 - 308 -
1 dealer as a trade-in or as part payment for other goods, wares
2 or merchandise or services rendered or commercial or business
3 transaction had within a school district of the first class,
4 without deduction therefrom on account of the cost of property
5 sold, materials used, labor, service, or other cost, interest or
6 discount paid, or any other expense.
7 (1) "Receipts" shall exclude:
8 (i) The amount of any allowance made for goods,
9 wares or merchandise taken by a dealer as a trade-in or
10 as part payment for other goods, wares and merchandise in
11 the usual and ordinary course of his business.
12 (ii) In the case of a financial business, the cost
13 of securities and other property sold, exchanged, paid at
14 maturity or redeemed, and moneys or credits received in
15 repayment of advances, credits and loans, but not to
16 exceed the principal amount of such advances, credits and
17 loans, and shall also exclude deposits and, in the case
18 of building and loan or savings and loan associations,
19 payments received on account of shares purchased by
20 shareholders.
21 (iii) In the case of a broker, any commissions paid
22 by him to another broker on account of a purchase or
23 sales contract initiated, executed or cleared in
24 conjunction with such other broker.
25 (iv) The receipts or the portion thereof
26 attributable to any sale involving the bona fide delivery
27 of goods, commodities, wares or merchandise of the
28 taxpayer's own manufacture, growth or produce, to a
29 location regularly maintained by the other party to the
30 transaction outside the limits of such school district,
19810H1300B2899 - 309 -
1 and not for the purpose of evading or avoiding payment of
2 the tax or any portion thereof imposed under this
3 subchapter.
4 (v) Receipts by dealers from sales to other dealers
5 in the same line, where the dealer transfers title or
6 possession at the same price for which he acquired the
7 goods, wares or merchandise.
8 (vi) Dividends received by one corporation from
9 another corporation of which it owns at least 20% of the
10 voting power of all classes of stock and at least 20% of
11 each class of nonvoting stock.
12 (vii) Receipts by a corporation which is a member of
13 an affiliated group from other members of the same
14 affiliated group.
15 (2) For the purpose of determining taxable receipts from
16 sales made by a manufacturing corporation of goods,
17 commodities, wares and merchandise of its own manufacture
18 through a wholly owned distributing corporation, such sales
19 shall be treated as if made directly by the manufacturing
20 corporation to the vendees of the distributing corporation.
21 For the purpose of determining taxable receipts from sales
22 made by a manufacturing corporation of goods, commodities,
23 wares and merchandise of its own manufacture made through a
24 distributing corporation, such sales shall be treated as if
25 made directly by the manufacturing corporation to the vendees
26 of the distributing corporation, if a majority of the shares
27 of stock of both the manufacturing corporation and the
28 distributing corporation is owned by the same individual,
29 association or corporation.
30 (3) For the purpose of determining receipts from the
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1 business of insurance, such receipts shall mean those from
2 premiums received from risks within the school district of
3 the first class, whether by mutual or stock companies,
4 domestic or foreign, without any deductions therefrom for any
5 cost or expense whatsoever. The collector shall determine
6 from such data as he shall require from insurance companies
7 subject to this subchapter, the amount of such receipts, and
8 shall ascertain the amount of the tax in accordance with such
9 determination.
10 "Tax year." The 12-month period from January 1 to December
11 31, inclusive.
12 § 3542. Authority to levy and collect tax.
13 Every school district of the first class shall levy and
14 collect an annual tax in the manner and at the rate set forth in
15 this subchapter in school districts of the first class
16 coterminous with cities of the first class, for the year 1968
17 and annually thereafter, if authorized to do so by city council
18 of the city of the first class, every such school district of
19 the first class coterminous with a city of the first class shall
20 levy and collect an annual tax in the manner and at the rates
21 set forth in this subchapter. The tax shall be in addition to
22 any other tax every such school district is empowered to levy
23 and collect under any existing law. The taxes and penalties
24 collected under the provisions of this subchapter shall be used
25 by every such school district for general public school
26 purposes.
27 § 3543. Imposition and rate of tax.
28 (a) General rule.--Every person engaging in any business in
29 any school district of the first class shall pay an annual tax
30 at the rate of two mills on each dollar of the annual receipts
19810H1300B2899 - 311 -
1 thereof except that the amount payable shall not exceed 2% of
2 his net income.
3 (b) Allocation of receipts.--Where a receipt in its entirety
4 cannot be subjected to the tax imposed by this subchapter by
5 reason of the provisions of the Constitution of the United
6 States or any other provision of law, the collector shall
7 establish rules and regulations and methods of allocation and
8 evaluation so that only that part of such receipt which is
9 properly attributable and allocable to the doing of business in
10 the school district levying the tax shall be taxed hereunder.
11 The collector may make such allocation with due regard to the
12 nature of the business concerned on the basis of mileage,
13 division of the receipt according to the number of jurisdictions
14 in which it may be taxed, the ratio of the value of the property
15 or assets of the taxpayer owned and situated in the school
16 district levying the tax to the total property or assets of the
17 taxpayer wherever owned and situated, and any other method or
18 methods of allocation other than the foregoing, calculated to
19 effect a fair and proper allocation.
20 (c) Discontinuing business during year.--Every person who
21 ceases to carry on a business during any tax year shall be
22 permitted to apportion his tax for such tax year on the basis of
23 the number of months during which he did business.
24 § 3544. Computation of annual receipts.
25 (a) Full year of operation.--Every person subject to the tax
26 imposed under this subchapter who has commenced his business at
27 least one full year prior to the beginning of any tax year shall
28 compute his annual receipts upon the actual receipts received by
29 him during the preceding calendar year.
30 (b) Partial year of operation.--Every person subject to the
19810H1300B2899 - 312 -
1 payment of the tax who has commenced his business subsequent to
2 the beginning of any tax year for the tax year shall compute his
3 annual receipts upon the actual receipts received by him during
4 the part of the tax year remaining, and on his actual receipts
5 of his first full year for the first full tax year he engages in
6 business, as the case may be.
7 (c) Temporary or seasonal business.--Every person subject to
8 the payment of the tax who engages in a business, temporary,
9 seasonal or itinerant by its nature, shall compute his annual
10 receipts upon the actual receipts received by him during such
11 license year.
12 (d) Reporting of net income.--Any person who pays his tax
13 based only on his gross receipts shall not be required to show
14 on his return his net income.
15 § 3545. Tax returns.
16 (a) Forms.--Every return shall be made upon a form furnished
17 by the collector. Every person making a return shall certify the
18 correctness thereof.
19 (b) Full year of operation.--Every person subject to the tax
20 imposed by this subchapter who has commenced his business at
21 least one full year prior to the beginning of any tax year shall
22 annually, on or before May 15, file with the collector a return
23 setting forth his name, his business and business address and
24 such other information as the collector may consider to be
25 necessary.
26 (c) Partial year of operation.--Every person subject to the
27 tax imposed by this subchapter who commences business subsequent
28 to the beginning of any tax year for such tax year and for his
29 first full tax year shall, on or before January 31 of the
30 succeeding tax year, file a return with the collector setting
19810H1300B2899 - 313 -
1 forth his name, his business and business address and such
2 information as the collector may consider to be necessary.
3 (d) Temporary or seasonal business.--Every person subject to
4 the payment of the tax imposed by this subchapter who engages in
5 a business, temporary, seasonal or itinerant by its nature,
6 shall, within seven days from the day he completes business,
7 file a return with the collector setting forth his name, his
8 business and business address and such information as the
9 collector may consider to be necessary.
10 § 3546. Collection of unpaid taxes, interest and penalties.
11 (a) Suit for unpaid taxes.--It shall be the duty of the
12 collector to sue for the recovery of all taxes due him, not paid
13 when due. No suit shall begin for unpaid taxes later than five
14 years after the date on which the taxes should have been paid.
15 There shall be no limitation against the bringing of suit for
16 taxes, including penalty and interest, due for years for which
17 the taxpayer did not file any return, and there shall be no
18 limitation against the bringing of suit for taxes, including
19 penalty and interest, on taxable gross receipts which were not
20 included by the taxpayer in his returns but which taxes were
21 assessed against the taxpayer by the collector.
22 (b) Interest and penalty.--If for any reason the tax is not
23 paid when due in each year, interest at the rate of 6% per annum
24 on the amount of the tax and an additional penalty of 5% of the
25 amount of the unpaid tax for each month or fraction thereof
26 during which the tax remains unpaid after the tax becomes due,
27 shall be added and collected by the collector. The maximum
28 penalty added for nonpayment of the tax shall be 7%.
29 (c) Amount of recovery.--Where suit is brought for the
30 recovery of the tax, the person shall be liable for and it shall
19810H1300B2899 - 314 -
1 be the duty of the collector to collect, in addition to the tax
2 assessed against the person, the costs of collection and the
3 interest and penalties imposed under this section.
4 § 3547. Effect of subchapter on tax ordinances.
5 The validity of any ordinance or part of any ordinance
6 providing for or relating to the imposition, levy or collection
7 of any tax for municipal purposes passed by the council of a
8 city coextensive with a school district of the first class, and
9 any amendments or supplements thereto, shall not be affected or
10 impaired by anything contained in this subchapter.
11 SUBCHAPTER E
12 MERCANTILE TAX IN FIRST CLASS AND
13 FIRST CLASS A DISTRICTS
14 Sec.
15 3551. Definitions.
16 3552. Authority to levy and collect tax.
17 3553. Mercantile licenses and license fees.
18 3554. Imposition and rate of tax.
19 3555. Computation of gross amount of business.
20 3556. Tax returns.
21 3557. Collection of unpaid taxes, interest and penalties.
22 3558. Effect of subchapter on tax ordinances.
23 § 3551. Definitions.
24 The following words and phrases when used in this subchapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Broker." Any stock broker, bill broker, note broker,
28 exchange broker, merchandise broker, factor, commission
29 merchant, real estate broker or agent and pawnbroker.
30 "Collector." The receiver of school taxes or, in a school
19810H1300B2899 - 315 -
1 district of the first class in which there is no such receiver
2 of school taxes, the school treasurer.
3 "Gross volume of business." Includes both cash and credit
4 transactions.
5 "License year." The 12-month period corresponding to the
6 fiscal year of the school district levying the tax.
7 "Person." Any individual, partnership, limited partnership,
8 association or corporation. The term does not include nonprofit
9 corporations or associations organized for religious, charitable
10 or educational purposes.
11 "Place of amusement." Any place, indoors or outdoors, where
12 the general public or a limited or selected number thereof may
13 upon payment of an established price attend or engage in any
14 amusement, entertainment, exhibition, contest, recreation,
15 including among other places, theaters, opera houses, motion
16 picture houses, amusement parks, stadia, arenas, baseball or
17 football parks or fields, skating rinks, circus or carnival
18 tents or grounds, fair grounds, bowling alleys, billiard or pool
19 rooms, shuffle board rooms, nine or ten pin alleys, riding
20 academies, golf courses, bathing and swimming places, dance
21 halls, tennis courts, archery, rifle or shotgun ranges and other
22 like places. The term does not include any exhibition,
23 amusement, performance or contest conducted by a nonprofit
24 corporation or association organized for religious, charitable
25 or educational purposes.
26 "Retail dealer" or "retail vendor." Any person who is a
27 dealer in, or vendor of, goods, wares, and merchandise who is
28 not a wholesale dealer or vendor. The terms do not include any
29 mechanic who keeps a store or warehouse at his place of
30 manufactory or workshop in which he sells only his own
19810H1300B2899 - 316 -
1 manufactures, any person vending or disposing of articles of his
2 own growth, produce or manufacture or any hawker or peddler
3 licensed under any law of this Commonwealth.
4 "Wholesale dealer" or "wholesale vendor." Any person who
5 sells to dealers in, or vendors of, goods, wares and merchandise
6 and to no other persons. The terms do not include any mechanic
7 who keeps a store or warehouse at his place of manufactory or
8 workshop in which he sells only his own manufactures, any person
9 vending or disposing of articles of his own growth, produce or
10 manufacture or any hawker or peddler licensed under any law of
11 this Commonwealth.
12 § 3552. Authority to levy and collect tax.
13 (a) General rule.--Annually every school district of the
14 first class and first class A shall issue mercantile licenses
15 and levy and collect an annual mercantile license tax in the
16 manner and at the rates set forth in this subchapter. The tax
17 shall be in addition to any other tax the school district is
18 empowered to levy and collect under any existing statute. The
19 license fees, taxes and penalties collected under the provisions
20 of this subchapter shall be used by the school district for
21 general public school purposes.
22 (b) Collection of prior delinquent taxes.--On and after
23 January 1, 1950, in any school district of the first class A
24 which, after that date, has no authority to levy or does not
25 levy the tax imposed by this subchapter, the collector is
26 authorized to and shall continue to collect delinquent taxes
27 owing the school district under any levy for any prior year,
28 under the provisions of this subchapter, until the taxes are
29 either collected or until the collector is exonerated with
30 respect to the taxes. The delinquent taxes collected shall be
19810H1300B2899 - 317 -
1 used by the school district for general public school purposes.
2 § 3553. Mercantile licenses and license fees.
3 (a) General rule.--Annually, every person desiring to
4 continue to engage in, or hereafter to begin to engage in, the
5 business or wholesale or retail vendor of, or dealer in, goods,
6 wares and merchandise, broker, conducting a restaurant or other
7 place where food, drink or refreshments are sold, or place of
8 amusement in a school district of the first class and first
9 class A shall, on or before January 1 of each license year or
10 prior to commencing business in the license year, procure a
11 mercantile license for his place of business or, if more than
12 one, for each of his places of business in the school district
13 from the receiver of school taxes or school treasurer.
14 (b) License fees.--The license shall be issued upon the
15 payment of a fee of $2 for a wholesale license or a retail
16 license, and $4 for a wholesale and retail license for his place
17 of business or, if more than one, for each of his places of
18 business in the school district for each license year.
19 (c) Posting license.--The license shall be conspicuously
20 posted at the place of business or each of the places of
21 business of every such person at all times.
22 § 3554. Imposition and rate of tax.
23 (a) General rule.--Every person engaging in any of the
24 following occupations or businesses in any school district of
25 the first class and first class A shall pay an annual mercantile
26 license tax at the rate set forth:
27 (1) Wholesale vendors or dealers in goods, wares and
28 merchandise and brokers, at the rate of one-half mill on each
29 dollar of the volume of the annual gross business transacted
30 by him.
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1 (2) Retail vendors, or dealers in goods, wares and
2 merchandise all persons engaged in conducting restaurants or
3 other places where food, drink or refreshments are sold, and
4 all persons conducting places of amusement, at the rate of
5 one mill on each dollar of the volume of the annual gross
6 business transacted by him.
7 (3) Wholesale and retail vendors or dealers in goods,
8 wares and merchandise, at the rate of one-half mill on each
9 dollar of the volume of the annual gross wholesale business
10 transacted by him and one mill on each dollar of the volume
11 of the annual gross retail business transacted by him.
12 (b) Trade-in allowance.--The tax imposed by this section
13 shall not apply to the dollar volume of annual business covering
14 the resale of goods, wares or merchandise taken by a dealer as a
15 trade-in or as part payment for other goods, wares and
16 merchandise except to the extent that the resale price exceeds
17 the trade-in allowance.
18 § 3555. Computation of gross amount of business.
19 (a) Full year of operation.--Every person subject to the
20 payment of the tax imposed under this subchapter who has
21 commenced his business at least one full year prior to the
22 beginning of any license year shall compute his annual gross
23 volume of business upon the actual gross amount of business
24 transacted by him during the preceding calendar year.
25 (b) Partial year of operation.--Every person subject to the
26 payment of the tax imposed under this subchapter who has
27 commenced his business subsequent to the beginning of any
28 license year for the license year and the succeeding license
29 year, shall compute his annual gross volume of business upon the
30 actual gross amount of business transacted by him during the
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1 first month of his engaging in the business, multiplied by the
2 number of months of the current license year remaining, or
3 multiplied by 12 for the first full license year he engages in
4 business, as the case may be.
5 (c) Temporary or seasonal business.--Every person subject to
6 the payment of the tax imposed under this subchapter who engages
7 in a business temporary, seasonal or itinerant by its nature,
8 shall compute his annual gross volume of business upon the
9 actual gross amount of business transacted by him during the
10 license year.
11 § 3556. Tax returns.
12 (a) Forms.--Every return shall be made upon a form furnished
13 by the collector. Every person making a return shall certify the
14 correctness thereof by affidavit.
15 (b) Full year of operation.--Every person subject to the tax
16 imposed under this subchapter who has commenced his business at
17 least one full year prior to the beginning of any license year
18 shall annually, on or before April 15, file with the collector a
19 return setting forth his name, his business and business
20 address, and such other information as may be necessary in
21 arriving at the actual gross amount of business transacted by
22 him during the preceding calendar year and the amount of the tax
23 due.
24 (c) Partial year of operation.--Every person subject to the
25 tax imposed under this subchapter who commences business
26 subsequent to the beginning of any license year shall, within 40
27 days from the date of commencing business and on or before April
28 15 of the succeeding license year, file a return with the
29 collector setting forth his name, his business and business
30 address, and such information as may be necessary in arriving at
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1 the actual gross amount of business transacted by him during his
2 first month of business and the amount of the tax due.
3 (d) Temporary or seasonal business.--Every person subject to
4 the payment of the tax imposed under this subchapter who engages
5 in a business temporary, seasonal or itinerant by its nature,
6 shall, within seven days from the day he completes business,
7 file a return with the collector setting forth his name, his
8 business and business address, and such information as may be
9 necessary in arriving at the actual gross amount of business
10 transacted by him during the period and the amount of the tax
11 due.
12 (e) Retroactive application of regulation prohibited.--No
13 tax return shall be reexamined nor an additional tax imposed on
14 any taxpayer on account of any rule or regulation which declares
15 certain activities to be included in the retail business
16 classification and which were allowed by the taxing authorities
17 to be included in the wholesale business classification in
18 previous returns, unless the rule or regulation is approved
19 prior to the date the return is required to be filed.
20 § 3557. Collection of unpaid taxes, interest and penalties.
21 (a) Suit for unpaid taxes.--It shall be the duty of the
22 board public education, or the collector if designated by the
23 board, to sue for the recovery of all taxes due, not paid when
24 due. Suits shall begin within one year after the taxes have been
25 assessed.
26 (b) Interest and penalty.--If for any reason the tax is not
27 paid when due in each year, interest at the rate of 6% per annum
28 on the amount of the tax and an additional penalty of .5% of the
29 amount of the unpaid tax for each month, or fraction thereof,
30 during which the tax remains unpaid, shall be added and
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1 collected. The maximum penalty which shall be imposed on a tax
2 not paid when due shall be 7%.
3 (c) Amount of recovery.--Where suit is brought for the
4 recovery of the tax, the person shall be liable for, in addition
5 to the tax assessed against such person, the costs of collection
6 and the interest and penalties imposed under this subchapter
7 shall be collected.
8 § 3558. Effect of subchapter on tax ordinances.
9 The validity of any ordinance or part of any ordinance
10 providing for or relating to the imposition, levy or collection
11 of any tax passed by the council of a city coextensive with a
12 school district of the first class in effect on the effective
13 date of this subchapter, and any amendments or supplements
14 thereto, which may be hereafter passed by council shall not be
15 affected or impaired by anything contained in this subchapter.
16 SUBCHAPTER F
17 EARNINGS TAX IN FIRST CLASS A DISTRICTS
18 Sec.
19 3561. Definitions.
20 3562. Levy of tax.
21 3563. Estimation and payment of tax on net profits.
22 3564. Payment of tax on compensation.
23 3565. Collection at source of tax on compensation.
24 3566. Suits for collection of unpaid taxes.
25 3567. Collection of interest, penalties and costs.
26 3568. Application of subchapter.
27 § 3561. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Association." A partnership, limited partnership or any
2 form of unincorporated enterprise owned by two or more persons.
3 "Business." An enterprise, activity, profession or
4 undertaking of any nature conducted for profit or ordinarily
5 conducted for profit, whether by an individual, partnership,
6 association or any other entity.
7 "Corporation." A corporation or joint-stock association
8 organized under the laws of the United States, this Commonwealth
9 or any other state, territory, foreign country or dependency.
10 "Earnings." Salaries, wages, commissions and other
11 compensation as defined in this subchapter.
12 "Employer." An individual, partnership, association,
13 corporation, governmental body or unit or agency, or any other
14 entity employing one or more persons on a salary, wage,
15 commission or other compensation basis.
16 "Net profits." The net gain from the operation of a
17 business, profession or enterprise, after provision for all
18 costs and expenses incurred in the conduct thereof, either paid
19 or accrued in accordance with the accounting system used in the
20 business, profession or enterprise, but without deduction of
21 taxes based on income.
22 "Nonresident." An individual, partnership, association or
23 other entity domiciled outside the school district imposing a
24 tax under this subchapter. As applied to employers,
25 "nonresident" shall mean an employer whose office is outside a
26 school district imposing a tax under this subchapter but within
27 this Commonwealth.
28 "Person." A natural person, partnership, corporation,
29 fiduciary or association. When used in any section prescribing
30 and imposing a penalty, as applied to association, the term
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1 "person" shall mean the partners of members thereof, and as
2 applied to corporations, the officers thereof.
3 "Resident." An individual, partnership, association or other
4 entity domiciled in the school district imposing a tax under
5 this subchapter. As applied to employers, "resident" shall mean
6 an employer whose office is within a school district imposing a
7 tax under this subchapter.
8 "Salaries, wages, commissions and other compensation."
9 Includes salaries, wages, commissions, bonuses, incentive
10 payments, fees and tips that may accrue or be received by an
11 individual for services rendered, whether directly or through an
12 agent and whether in cash or in property. The term does not
13 include:
14 (1) Periodic payments for sick or disability benefits
15 and those commonly recognized as old-age benefits, retirement
16 pay or pensions paid to persons retired from service after
17 reaching a specific age or after a stated period of
18 employment.
19 (2) Public assistance or unemployment compensation
20 payments.
21 (3) Wages or compensation paid by the United States to
22 any person for active service in the Army, Navy or Air Force
23 of the United States or any bonus or additional compensation
24 paid by the United States or the Commonwealth of Pennsylvania
25 or any other state for such service.
26 "Taxpayer." A person, whether an individual, partnership,
27 association or any other entity, required under this subchapter
28 to file a return of earnings or net profits, or to pay a tax
29 thereon.
30 "Tax year." The calendar year which is the fiscal year of a
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1 school district imposing a tax under this subchapter and the
2 year for which the tax is levied under this subchapter.
3 "Treasurer." The school treasurer of a school district
4 imposing a tax under this subchapter.
5 § 3562. Levy of tax.
6 (a) General rule.--The board of public education of school
7 districts of the first class A shall levy, annually, a tax of
8 not more than 1% on the following:
9 (1) Salaries, wages, commissions and other compensation
10 earned by residents. The tax levied under this paragraph
11 shall relate to and be imposed upon salaries, wages,
12 commissions and other compensation paid by an employer on his
13 behalf to a person who is employed by or renders services to
14 him.
15 (2) Net profits earned from business, professions and
16 other activities conducted by residents. The tax levied under
17 this paragraph shall relate to and be imposed on the net
18 profits of any business, profession or enterprise carried on
19 by any person as owner or as proprietor, either individually
20 or in association with some other person or persons.
21 (b) Other taxes unaffected.--The tax levied under this
22 subchapter shall be in addition to any other taxes any school
23 district of the first class A is empowered to levy and collect
24 under existing law.
25 (c) Use of taxes.--The taxes, interest and penalties
26 collected under the provisions of this subchapter shall be used
27 for general public school purposes.
28 § 3563. Estimation and payment of tax on net profits.
29 (a) Declaration of estimated tax.--Every taxpayer who
30 anticipates any net profits shall, on or before April 15 of a
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1 tax year, make and file with the treasurer, on a form prescribed
2 by the treasurer, a declaration of his estimated net profits
3 during the period beginning January 1 of the tax year and ending
4 December 31 of the tax year, setting forth the estimated amount
5 of net profits anticipated by him during the period and subject
6 to the tax, the amount of tax imposed by this subchapter on the
7 estimated net profits and such other information as the
8 treasurer may require.
9 (b) Time of payment.--The taxpayer making the declaration
10 shall, at the time of filing thereof, pay to the treasurer the
11 estimated amount of tax shown as due thereon or pay the
12 estimated tax in four quarterly installments as follows: the
13 first installment at the time of filing the declaration, and the
14 other installments on or before June 15 and September 15 of the
15 tax year and January 15 of the year next succeeding the tax
16 year, respectively.
17 (c) Declaration and payment for part of year.--Any taxpayer
18 who first anticipates any net profits after April 15 of the tax
19 year shall make and file the declaration required on or before
20 June 15, September 15 or December 31 of the tax year, whichever
21 of these dates next follows the date on which the taxpayer first
22 anticipates the net profits. The taxpayer making the declaration
23 shall, at the time of filing thereof, pay to the treasurer the
24 estimated amount of tax shown as due thereon or pay the
25 estimated tax in equal installments on or before the quarterly
26 installment payment dates which remain after the filing of the
27 declaration.
28 (d) Adjusted declaration and payment.--The treasurer may
29 provide by regulation for the making and filing of adjusted
30 declarations of estimated net profits and for the payment of the
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1 estimated tax in cases where a taxpayer who has filed the
2 declaration required anticipates additional net profits not
3 previously declared or finds that he has overestimated his
4 anticipated net profits.
5 (e) Final return and payment.--On or before April 15 of the
6 year next succeeding the tax year, every taxpayer who has
7 received net profits shall make and file with the treasurer, on
8 a form prescribed by him, a final return showing all of his net
9 profits for the tax year, the total amount of tax due, the
10 amount of estimated tax paid under the provisions of this
11 section and the balance due. Any taxpayer may, in lieu of paying
12 the fourth quarterly installment of his estimated tax, elect to
13 make and file with the treasurer the final return on or before
14 January 15 of the year next succeeding the tax year. At the time
15 of filing the final return, the taxpayer shall pay the balance
16 of the tax due or shall make demand for refund or credit in the
17 case of overpayment.
18 (f) Business discontinued during tax year.--Every taxpayer
19 who discontinues business prior to December 31 of a tax year
20 shall, within 15 days after the discontinuance of business, file
21 his final return and pay the tax due.
22 § 3564. Payment of tax on compensation.
23 Every taxpayer who is employed on a salary, wage, commission
24 or other compensation basis and who received any earnings not
25 subject to the provisions of section 3565 (relating to
26 collection at source of tax on compensation) shall, on or before
27 April 30, July 31 and October 31 of the tax year and January 31
28 of the year next succeeding the tax year, make and file with the
29 treasurer, on a form prescribed by the treasurer, a return
30 setting forth the aggregate amount of salaries, wages,
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1 commissions and other compensation earned by him during the
2 three-month periods ending March 31, June 30, September 30 and
3 December 31 of the tax year, respectively, and subject to the
4 tax, together with such other information as the treasurer may
5 require. Every taxpayer making the return shall, at the time of
6 filing thereof, pay to the treasurer the amount of tax shown as
7 due thereon.
8 § 3565. Collection at source of tax on compensation.
9 (a) Registration of employers.--Every person and resident
10 employer within a school district imposing a tax under this
11 subchapter who employs one or more persons on a salary, wage,
12 commission or other compensation basis, other than domestic
13 servants, shall, within 15 days after becoming an employer,
14 register with the treasurer his name and address and such other
15 information as the treasurer may require.
16 (b) Deduction and return of taxes.--Every person and
17 employer within a school district imposing a tax under this
18 subchapter, who employs one or more persons on a salary, wage,
19 commission or other compensation basis, other than domestic
20 servants, shall deduct monthly or more often than monthly, at
21 the time of payment thereof, the tax imposed under this
22 subchapter on the salaries, wages, commissions and other
23 compensation due to his employee or employees, and shall on or
24 before April 30, July 31 and October 31 of the tax year and
25 January 31 of the year next succeeding the tax year, file a
26 return of taxes deducted, on a form prescribed by the treasurer,
27 the amount of taxes deducted the preceding three-month periods
28 ending March 31, June 30, September 30 and December 31 of the
29 tax year, respectively.
30 (c) Annual returns by employers.--On or before the last day
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1 of February of the year next succeeding the tax year, every such
2 employer shall file with the treasurer, on forms prescribed by
3 him, the following returns:
4 (1) An annual return showing the total amount of
5 salaries, wages, commissions and other compensation paid, the
6 total amount of tax deducted and the total amount of tax paid
7 to the treasurer for the tax year.
8 (2) A return for each employee employed during all or
9 any part of the tax year, setting forth the employee's name,
10 address and social security number, the amount of salaries,
11 wages, commissions or other compensation paid to the employee
12 during the period, the amount of tax deducted, the amount
13 paid to the treasurer and such other information as the
14 treasurer may require. Every employer shall furnish a copy of
15 the individual return to the employee for whom it is filed.
16 (d) Business discontinued during tax year.--Every employer
17 who discontinues business prior to December 31 of a tax year
18 shall, within 15 days after the discontinuance of business, file
19 the returns required and pay the tax due.
20 (e) Employee responsibility.--The failure or omission of any
21 employer to make the deductions required by this section shall
22 not relieve any employee from the payment of the tax or from
23 complying with the requirements of this subchapter relating to
24 the filing of declarations and returns.
25 (f) Requirements on nonresident employers.--The board of
26 public education of a school district imposing a tax under this
27 subchapter, or its treasurer, may require similar returns and
28 similar withholding and payment of taxes, as required under this
29 section, to be made by any nonresident employer who is believed
30 to have in his or its employ any employee residing in the school
19810H1300B2899 - 329 -
1 district.
2 § 3566. Suits for collection of unpaid taxes.
3 (a) General rule.--It shall be the duty of the board of
4 public education of the school district imposing a tax under
5 this subchapter, or the treasurer if designated by the board, to
6 sue for the recovery of all taxes not paid when due.
7 (b) Time for instituting suit.--Any suit brought to recover
8 the tax imposed under this subchapter shall begin within six
9 years after the tax is due or within six years after a
10 declaration or return has been filed, whichever date is later,
11 except that this limitation shall not prevent the institution of
12 a suit for the collection of any tax due or determined to be due
13 in any of the following cases:
14 (1) Where no declaration or return was filed by any
15 person although a declaration or return was required to be
16 filed by him under the provisions of this subchapter.
17 (2) Where an examination of the declaration or return
18 filed by any person, or of other evidence relating to the
19 declaration or return, in the possession of the treasurer,
20 reveals a fraudulent evasion of taxes including, but not
21 limited to, substantial understatement of taxes deducted and
22 of actual or estimated net profits or earnings.
23 (3) Where any person had deducted taxes under the
24 provisions of this subchapter and has failed to pay the
25 amounts deducted to the treasurer.
26 § 3567. Collection of interest, penalties and costs.
27 If for any reason the tax is not paid when due, interest at
28 the rate of 6% per annum on the amount of the tax and an
29 additional penalty of .5% of the amount of the unpaid tax for
30 each month or fraction thereof during which the tax remains
19810H1300B2899 - 330 -
1 unpaid, shall be added and collected. Where suit is brought for
2 the recovery of the tax, the person liable therefor shall, in
3 addition, be liable for the costs of collection and the interest
4 and penalties.
5 § 3568. Application of subchapter.
6 (a) General rule.--The tax imposed under this subchapter
7 shall not apply to:
8 (1) Any person as to whom it is beyond the legal power
9 of a school district imposing a tax under this subchapter to
10 impose the tax under the Constitution of the United States
11 and the Constitution and laws of this Commonwealth.
12 (2) Institutions or organizations operated for public,
13 religious, educational or charitable purposes, institutions
14 or organizations not organized or operated for private
15 profit, or trusts and foundations established for any of the
16 foregoing purposes.
17 (3) Any person as to whom, or privilege, transaction,
18 subject, occupation or property as to which, cities of the
19 second class are without authority to tax under the
20 provisions of the act of December 31, 1965 (P.L.1257,
21 No.511), known as "The Local Tax Enabling Act."
22 (b) Construction of section.--This section shall not be
23 construed to exempt any person who is an employer from the duty
24 of collecting the tax at source from his employees and paying
25 the amount collected to the treasurer under the provisions of
26 section 3565 (relating to collection at source of tax on
27 compensation).
28 SUBCHAPTER G
29 PROVISIONS APPLICABLE TO SECOND CLASS DISTRICTS
30 Sec.
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1 3581. Property subject to tax.
2 3582. Per capita taxes.
3 3583. Levy of taxes in general.
4 3584. Tax equalization for districts in more than one
5 municipality.
6 3585. Revisions to tax duplicates from major improvements.
7 3586. Certification of duplicates of taxables to school boards.
8 3587. Certification of duplicates of tax levies to collectors.
9 3588. Appointment and authority of tax collectors.
10 3589. Delinquent taxes and tax collectors.
11 § 3581. Property subject to tax.
12 (a) General rule.--Except as provided in subsection (b), in
13 all school districts of the second class, the school taxes shall
14 be levied upon all the property upon which the county taxes are
15 levied.
16 (b) Third class cities.--In all school districts of the
17 second class which are coterminous with any city of the third
18 class, the school taxes shall be levied on the real estate and
19 personal property therein as contained in the assessment made
20 for city tax purposes. In school districts which are wholly
21 within the boundaries of a city of the third class, the school
22 district may use the assessment rate applicable in the city. In
23 any school district of the second class which is situated within
24 a county of the fourth to the eighth classes, the board of
25 school directors may, by resolution, accept the provisions of
26 the act of May 21, 1943 (P.L.571, No.254), known as "The Fourth
27 to Eighth Class County Assessment Law," whether or not the city
28 has accepted the provisions of that statute, and in such case
29 the school taxes shall be levied upon all the property upon
30 which the county taxes are levied.
19810H1300B2899 - 332 -
1 § 3582. Per capita taxes.
2 (a) Levy and rate.--The board of school directors in each
3 school district of the second class may levy a per capita tax of
4 not less than $1 nor more than $5 on each resident or inhabitant
5 of the school district over 18 years of age.
6 (b) Lists of residents.--When a per capita tax is levied,
7 the proper assessors shall prepare a list of residents or
8 inhabitants in the school district over 18 years of age and
9 return the same with the other taxable property in the district
10 as provided by law. In each school district the lists of
11 residents or inhabitants shall be included and certified in the
12 list of taxable property to be certified to the board of school
13 directors in each school district. Assessors whose assessment
14 district includes the whole or parts of more than one school
15 district shall return separate lists of residents and
16 inhabitants of each school district.
17 (c) Responsibility of new taxpayers.--Every resident or
18 inhabitant in any school district, upon attaining 18 years of
19 age, and every person 18 years of age or over becoming a
20 resident or inhabitant in any school district, shall, within 12
21 months after the happening thereof, notify the proper assessors
22 of his becoming of that age or becoming a resident or
23 inhabitant. Any person failing, within the period, to notify the
24 assessors of the school district within which he resides shall,
25 in addition to the tax levied by the school district, be liable
26 to the school district in a penal sum equal to the tax.
27 (d) Notice of tax.--The board of school directors shall, at
28 the same time as they give public notice of a proposed budget,
29 include a notice of the requirements of this section, together
30 with the name and address of the assessor to be notified.
19810H1300B2899 - 333 -
1 (e) Exemptions from tax.--Each school district may exempt
2 any person whose total annual income from all sources is less
3 than $2,000 from its per capita tax or any portion thereof. The
4 school district may adopt and employ regulations for the
5 processing of claims for the exemption.
6 § 3583. Levy of taxes in general.
7 (a) Time of levy.--In all school districts of the second
8 class, all school taxes for the following fiscal year shall be
9 levied by the board of school directors during the 150-day
10 period prior to the close of the current fiscal year.
11 (b) Amount and purpose of tax.--The board of school
12 directors of school districts of the second class are hereby
13 authorized to levy, annually, a tax on each dollar of the total
14 assessment of taxable property sufficient to pay:
15 (1) Up to and including the minimum salaries and
16 increments of teaching and supervisory staff.
17 (2) Rentals due any municipal authority or nonprofit
18 corporation or the State Public School Building Authority.
19 (3) Sinking fund charges incurred in connection with
20 school building projects approved by the department.
21 (4) The amortization of a bond issue approved prior to
22 July 1, 1959 for school construction purposes.
23 (c) Additional levy for expenses.--To meet educational
24 expenses in addition to those in subsection (b), the tax rate in
25 school districts of the second class shall not exceed 25 mills
26 on the dollar on the total assessed valuation of taxable
27 property of the district.
28 (d) Levy for salaries and increments.--The tax levied to pay
29 salaries and increments of the teaching and supervisory staff
30 shall not be invalidated by reason of the fact that in
19810H1300B2899 - 334 -
1 determining the amount to be raised by such tax for the payment
2 of salaries and increments no deduction was made for
3 appropriations or reimbursements paid or payable by the
4 Commonwealth to the school district which are applicable
5 directly or indirectly to the salaries and increments. None of
6 said taxes shall be invalidated or affected by reason of the
7 fact that it may increase the total annual school tax levy of
8 any school district beyond the millage fixed or limited by this
9 section.
10 (e) Method of expressing tax rate.--The board of school
11 directors of any school district shall, by resolution, fix the
12 rate of taxation for any year at a mill rate. The resolution
13 shall also include a statement expressing the rate of taxation
14 in dollars and cents on each $100 of assessed valuation of
15 taxable property.
16 § 3584. Tax equalization for districts in more than one
17 municipality.
18 (a) Two or more counties.--Whenever a school district shall
19 lie in more than one county, the property tax levy for school
20 purposes shall be equalized by either of the following methods:
21 (1) The total taxes levied on real estate within the
22 school district in each county shall be subject to the
23 limitation that the ratio which the total bears to the most
24 recent valuation of the same properties by the State Tax
25 Equalization Board shall be uniform in all of the counties,
26 and the school district shall adjust its rate of taxation
27 applicable to the portion of the district in each county to
28 the extent necessary to achieve uniformity.
29 (2) The board of assessment and revision of taxes in any
30 of the counties or all of the counties in which the school
19810H1300B2899 - 335 -
1 district is located shall, at the request of the school
2 directors of the district, furnish the market value of each
3 parcel of property on the tax roll required to be furnished
4 to the school directors under any assessment statute of this
5 Commonwealth. The market value of each parcel shall be the
6 quotient of the assessed value divided by the latest ratio of
7 assessed value to market value in the municipality as
8 determined by the State Tax Equalization Board or, at the
9 option of the school district, the market value of each
10 parcel shall be the quotient of the assessed value to market
11 value as determined by the State Tax Equalization Board in
12 the aggregate of all municipalities of the school district
13 within the county, or at the option of the school district
14 where there are two or more ratios of assessed value to
15 market value, the school directors of that school district
16 shall select the lowest of the ratios for a uniform assessed
17 value to market value throughout the school district, or at
18 the option of the school district where such school district
19 is located in a home rule county, the school directors of
20 that school district may use the county assessments. The
21 school directors shall set a tax rate based upon a percentage
22 not exceeding 75% of the market values which shall be uniform
23 throughout the district.
24 (i) Any school district which lies in more than one
25 county and which levies an occupational tax, shall levy
26 such tax uniformly upon each occupational category
27 existing in all counties in which the district lies, at
28 the lowest assessed valuation for each equivalent
29 occupational category as certified to the school district
30 by the counties in which the district lies.
19810H1300B2899 - 336 -
1 (ii) This paragraph does not apply to any school
2 district which levied an occupational assessment tax as
3 of November 20, 1979 unless the school district by
4 resolution elects otherwise.
5 (b) Two or more municipal corporations.--In the event a
6 school district or part thereof located within one county is
7 composed of two or more municipal corporations at least one of
8 which levies property taxes upon assessments made for county tax
9 purposes and at least one of which utilizes separate assessments
10 made for municipal tax purposes, the property tax levy for
11 school district purposes shall be equalized by either of the
12 methods prescribed in subsection (a). If the method under
13 subsection (a)(1) is adopted, the ratio which the total taxes
14 levied in each part of the school district bears to the most
15 recent valuation of the same properties by the State Tax
16 Equalization Board shall be uniform. If the method under
17 subsection (a)(2) is adopted, the market value of each parcel of
18 property on the tax roll shall be:
19 (1) In the case of the assessment made for county tax
20 purposes, the quotient of the assessed value divided by the
21 latest ratio of assessed value to market value for that
22 portion of the school district as determined by the State Tax
23 Equalization Board.
24 (2) In the case of the separate assessment for municipal
25 tax purposes, the quotient of the assessed value divided by
26 the product of the latest ratio of assessed value to market
27 value in the municipal corporation as determined by the State
28 Tax Equalization Board and the ratio of the total assessed
29 valuation of the same properties for municipal tax purposes
30 to the total assessed valuation of the properties for county
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1 tax purposes. However, the taxpayers of no municipality or
2 political subdivision within a school district shall pay an
3 aggregate amount in school property taxes which, as a
4 percentage of total school property taxes, shall exceed the
5 ratio of its market value to the total market value of the
6 school district as determined by the State Tax Equalization
7 Board.
8 (c) Revised assessments.--Whenever a revision of assessment
9 is completed in any portion of a school district and the revised
10 assessments are to be used for school tax purposes, the method
11 prescribed in subsection (a)(2) to equalize school property tax
12 levies shall not be used until the latest ratio of assessed
13 value to market value as determined by the State Tax
14 Equalization Board for that portion of the school district is
15 based upon the revised assessments.
16 § 3585. Revisions to tax duplicates from major improvements.
17 (a) General rule.--Whenever in school districts of the
18 second class there is any construction of a building or
19 buildings after September 1 of any year and the building is not
20 included in the tax duplicate of the school district, the
21 authority responsible for assessments in the municipality shall,
22 upon the request of the board of school directors, direct the
23 assessor in the district to inspect and reassess, subject to the
24 right of appeal and adjustment provided by the statute under
25 which assessments are made, all taxable property in the district
26 to which major improvements have been made after the beginning
27 of any fiscal year, and to give notice of such reassessments
28 within ten days to the authority responsible for assessments,
29 the school district and the property owner. The property shall
30 then be added to the duplicate and shall be taxable for school
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1 purposes at the reassessed valuation for that proportionate part
2 of the fiscal year of the school district remaining after the
3 property was improved. Any improvement made during the month
4 shall be computed as having been made on the first of the month.
5 (b) Filing and notice of revised duplicate.--A certified
6 copy of the additions or revisions to the duplicate shall be
7 furnished by the board of school directors to the tax collector
8 for the district and, within ten days thereafter, the tax
9 collector shall notify the owner of the property of the taxes
10 due the school district.
11 § 3586. Certification of duplicates of taxables to school
12 boards.
13 (a) General rule.--In order to enable the board of school
14 directors in all school districts of the second class, other
15 than school districts that are coterminous with the boundaries
16 of a city of the third class, to levy the necessary taxes
17 required by the district, the county commissioners or other
18 proper officials in each county shall, on or before April 1 in
19 each year and at the expense of the county, furnish to each
20 board of school directors, other than those whose school
21 district is coterminous with a city of the third class, a
22 properly certified duplicate of the last adjusted valuation of
23 real estate, personal property and residents. The duplicate
24 shall state the name of each taxable, and the valuation, kind
25 and description of each property and a list of the residents and
26 inhabitants assessed.
27 (b) Third class cities.--In the case of school districts of
28 the second class that are coterminous with the boundaries of a
29 city of the third class, the city clerk or other proper official
30 shall annually, on or before April 1, at the expense of the
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1 city, furnish to the board of directors of the school district a
2 certified duplicate of the last adjusted valuation of all real
3 estate, personal property, and a list of all residents and
4 inhabitants made taxable in the school district stating the name
5 of each taxable, the valuation, kind and location of each
6 property assessed.
7 (c) Taxable property and persons.--All property and
8 residents described in subsections (a) and (b) are taxable for
9 school purposes.
10 § 3587. Certification of duplicates of tax levies to
11 collectors.
12 (a) General rule.--As soon as the school tax is levied in a
13 school district of the second class, the proper officer shall
14 cause the same to be computed and entered, stating the amount of
15 school tax to be collected on the duplicate furnished to the
16 district. A certified copy of the tax duplicate shall be
17 furnished by the board of school directors to the tax collector
18 or collectors in each school district on or before July 1 in
19 each year.
20 (b) Use of duplicate from county.--In any school district
21 where the collector of taxes is also the collector of county
22 taxes, the proper officer of the board of school directors may
23 compute and add the amount of the school taxes to the duplicate
24 furnished by the county commissioners to the tax collector for
25 county purposes.
26 § 3588. Appointment and authority of tax collectors.
27 (a) Appointment for collection of certain taxes.--The board
28 of school directors in each school district may appoint one or
29 more suitable persons, public employees or private agencies or
30 corporations to collect the taxes authorized by the act of
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1 December 31, 1965 (P.L.1257, No.511), known as the "Local Tax
2 Enabling Act."
3 (b) Appointment in second class districts.--The board of
4 school directors in each school district of the second class
5 shall annually, on or before June 1, appoint one or more
6 suitable persons, public employees or private agencies or
7 corporations as tax collectors in the school district in the
8 event that:
9 (1) a tax collector was not elected to collect school
10 taxes;
11 (2) a vacancy in the position of school collector has
12 occurred;
13 (3) a school tax collector refuses to qualify; or
14 (4) a school tax collector refuses to furnish bond as
15 provided in section 3182 (relating to bonding of officials
16 for performance of duties).
17 (c) Collection areas.--The board of school directors in any
18 school district appointing any tax collectors may authorize and
19 direct any one tax collector to collect the school taxes in any
20 one or more wards or other proper divisions in the school
21 district.
22 (d) Settlement of duplicate.--In all school districts of the
23 second class no appointed tax collector shall be reappointed or
24 be authorized to collect any school taxes in any school year
25 unless he shall have first settled the duplicate in full with
26 the board of school directors for the preceding year in the
27 manner provided by this chapter.
28 § 3589. Delinquent taxes and tax collectors.
29 (a) Certification and collection of delinquent taxes.--In
30 all school districts of the second class, all unpaid school
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1 taxes assessed and levied upon real property where there is no
2 personal property out of which the taxes can be collected shall
3 be certified by the tax collector to the board of school
4 directors with a proper description of the real property on or
5 before June 1 in each year. All delinquent school taxes
6 certified to the board of school directors of any school
7 district of the second class by any school tax collector shall
8 be collected by the board as provided by law.
9 (b) Delinquent tax collectors.--On or before July 1 in each
10 year the board of school directors of any school district of the
11 second class may appoint one or more suitable persons as
12 delinquent tax collectors for the school district. The
13 delinquent tax collector shall collect any and all school taxes,
14 from the collection of which the original tax collector has been
15 exonerated, in accordance with the laws of this Commonwealth and
16 which taxes still remain unpaid upon any of the school tax
17 duplicates, other than unpaid school taxes that have been filed
18 as liens in the office of the prothonotary or have been returned
19 to the county commissioners for sale. The delinquent tax
20 collector, upon certification of the unpaid school taxes to him,
21 shall proceed to collect the taxes from the persons charged with
22 nonpayment. For this purpose the collector shall have all the
23 authority and power now vested by the law in any collector of
24 school taxes for the collection of school taxes. The board of
25 school directors issuing the original warrants shall issue an
26 additional warrant to the appointed collector of the delinquent
27 school taxes.
28 (c) Bond of collector.--The appointed delinquent tax
29 collector shall furnish a proper bond to the school district in
30 accordance with section 3182 (relating to bonding of officials
19810H1300B2899 - 342 -
1 for performance of duties).
2 (d) Compensation of collector.--The appointed delinquent tax
3 collector shall be paid the commissions or compensation as is
4 paid the regular collector. This account shall be paid in the
5 same manner as other accounts are paid by the school district.
6 (e) Accounting for taxes collected.--The appointed
7 delinquent tax collector shall be responsible and account to the
8 board of school directors for school taxes collected by him in
9 accordance with existing laws pertaining to school tax
10 collections.
11 SUBPART D
12 SCHOOL PROGRAMS
13 Chapter
14 37. General Education
15 39. Vocational Education
16 41. Special Education
17 43. Supportive Services
18 CHAPTER 37
19 GENERAL EDUCATION
20 Subchapter
21 A. General Provisions
22 B. School Calendar and Sessions
23 C. Educational Programs in Institutions
24 SUBCHAPTER A
25 GENERAL PROVISIONS
26 Sec.
27 3701. Development of programs or courses of study.
28 3702. Mandated and required programs or courses of study.
29 3703. Prescribed advance and special programs or courses of
30 study.
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1 3704. Development of additional programs or courses of study.
2 3705. Extension education programs.
3 3706. Language used in teaching subjects.
4 3707. Display of United States Flag.
5 3708. Program for development of citizenship and patriotism.
6 3709. Periods for prayer and meditation.
7 3710. Program for homebound instruction.
8 3711. Assessment statements of progress of students.
9 3712. Procedures for evaluation of educational programs.
10 3713. Diplomas for completing courses of instruction.
11 3714. Credits for examinations and courses.
12 3715. Governor's School for the Arts.
13 § 3701. Development of programs or courses of study.
14 (a) General rule.--The board of school directors, with the
15 advice of the superintendent of schools, shall develop and offer
16 programs or courses of study, or both, adapted to the needs and
17 development of students.
18 (b) Types of programs or courses.--The programs or courses
19 of study shall include:
20 (1) Programs or courses authorized by the State board as
21 follows:
22 (i) Mandated programs or courses to be offered by
23 all schools as described in section 3702(a) (relating to
24 mandated and required programs or courses of study).
25 (ii) Required programs or courses to be required of
26 all students or of all students in certain grade levels
27 as described in section 3702(b).
28 (iii) Prescribed programs or courses authorized to
29 be offered by schools or required to be offered if
30 petitioned for in accordance with section 3703 (relating
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1 to prescribed advance and special programs or courses of
2 study).
3 (2) Programs or courses authorized by local boards of
4 school directors in accordance with section 3704 (relating to
5 development of additional programs or courses of study).
6 (c) Humane treatment of birds and animals.--No cruel or
7 inhumane treatment or experimentation on any living bird or
8 animal shall be permitted in conjunction with the programs of
9 study outlined in this title.
10 (d) Outline of program or course.--The board of school
11 directors, with the assistance of the superintendent of schools,
12 shall, on written request of the parent or person in loco
13 parentis, prepare and make available a reasonably detailed
14 outline of any program or course of study in which such parent's
15 child is enrolled. Each outline shall contain sufficient detail
16 to give notice of the specific elements of the content of the
17 program or course of study offered.
18 (e) Right to withhold student from portions of program or
19 course.--
20 (1) The parents or persons in loco parentis of any
21 student shall have the right to temporarily withdraw such
22 student from that specific portion or those specific portions
23 of any program or course of study dealing with sex education
24 or sexual orientation which the parents deem to be morally or
25 religiously objectionable and such withdrawal shall in no way
26 prejudice such student's academic rights or standing.
27 (2) The parental right set forth in paragraph (1) shall
28 be exercised by written request to the superintendent of
29 schools which request shall specifically designate that
30 portion or those portions of the program or course of study
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1 which is objectionable and from which such student is to be
2 withdrawn.
3 § 3702. Mandated and required programs or courses of study.
4 (a) Mandated programs or courses.--The mandated programs or
5 courses of study are as follows:
6 (1) Kindergarten.--A kindergarten program may be offered
7 to children between the ages of four and six years.
8 (2) Elementary school level.--English, to include
9 spelling, reading, developmental and remedial reading and <--
10 writing; arithmetic; science; geography; history of the
11 United States and Pennsylvania; civics, safety education,
12 including regular and continuous instruction in the dangers
13 and prevention of fires; health and physiology COMPREHENSIVE <--
14 HEALTH EDUCATION; physical education; energy and
15 environmental education; music; and art.
16 (3) Secondary school level.--English, to include
17 developmental and remedial reading, language, literature, <--
18 speech and composition; science, to include biology, physics
19 and chemistry; geography; social studies, to include civics,
20 economics, world history, United States history and
21 Pennsylvania history; foreign languages; mathematics, to
22 include general mathematics and statistics, algebra, geometry
23 and trigonometry; industrial arts; home economics; art;
24 music; physical education; energy and environmental
25 education; health and physiology COMPREHENSIVE HEALTH <--
26 EDUCATION; and safety education, including regular and
27 continuous instruction in the dangers and prevention of
28 fires. The program of health and physiology shall include
29 instruction concerning the causes, effects, prevention and
30 treatment of drug and alcohol abuse and the undesirability of
19810H1300B2899 - 346 -
1 the abuse of these substances.
2 (b) Required programs or courses.--The State board shall
3 designate which of the mandated programs or courses of study
4 shall be required of all students or of all students in certain
5 grade levels.
6 (c) Nonpublic school programs or courses.--The certificate
7 of any principal or teacher-in-charge of any nonpublic school
8 operated by or under the authority of bona fide religious
9 institutions setting forth that the work of the school is in
10 compliance with the programs or courses stated in subsection (a)
11 shall be sufficient and satisfactory evidence thereof.
12 § 3703. Prescribed advance and special programs or courses of
13 study.
14 (a) General rule.--The State board shall prescribe programs
15 or courses of study, or both, designed to provide students with
16 the opportunity to develop advanced skills and special
17 interests.
18 (b) Implementation of programs or courses.--The board of
19 school directors may, and upon written application signed by 15
20 or more students shall, provide for the teaching of any
21 prescribed subject of study. No student shall be counted as an
22 applicant unless, in the judgment of the principal, he is
23 qualified to take the subject. The subject of study may be
24 withdrawn if less than ten students actually enroll.
25 § 3704. Development of additional programs or courses of study.
26 (a) General rule.--The board of school directors, with the
27 advice of the superintendent of schools, shall develop such
28 programs or courses of study in addition to those referred to in
29 this chapter as may be necessary to meet local needs or
30 conditions.
19810H1300B2899 - 347 -
1 (b) Courses in religious literature.--Courses in the
2 literature of the Bible and other religious writings, to be
3 prepared and adopted according to age levels by the department,
4 with the advice and counsel of the Council of Basic Education
5 and the approval of the State board, may be introduced and
6 studied as regular courses in the literature branch of education
7 in the secondary public schools. These courses shall be elective
8 and not required of any student.
9 § 3705. Extension education programs.
10 (a) General rule.--The board of school directors may, and
11 upon written application by 15 or more out-of-school youth and
12 adults shall, provide extension education as an integral part of
13 the school program. The subject of study may be withdrawn if
14 less than ten students actually enroll. No subject of study need
15 be provided if it is not on the list of programs to be provided
16 under section 3701(b)(1) (relating to development of programs or
17 courses of study) or provided in the school district in
18 accordance with section 3701(b)(2).
19 (b) State and local regulations.--Extension education
20 programs shall be offered in accordance with regulations of the
21 State board and the board of school directors.
22 (c) Charges to students.--Reasonable charges to students may
23 be made to recover the actual expenses incurred in providing the
24 extension education programs.
25 § 3706. Language used in teaching subjects.
26 All subjects, except foreign languages, shall be taught in
27 the English language and from English texts except that students <--
28 whose dominant language is not English shall be provided with an
29 educational program in accordance with State board regulations
30 adapted to their special needs, and taught by English language
19810H1300B2899 - 348 -
1 fluent teachers, to the specific end that English language
2 deficient students be transitioned to an all English language
3 curriculum in the shortest possible time. AT THE DISCRETION OF <--
4 THE SECRETARY OF EDUCATION, THE TEACHING OF SUBJECTS IN A
5 LANGUAGE OTHER THAN ENGLISH MAY BE PERMITTED AS PART OF A
6 SEQUENCE IN FOREIGN LANGUAGE STUDY OR AS PART OF A BILINGUAL
7 EDUCATION PROGRAM IF THE TEACHING PERSONNEL ARE PROPERLY
8 CERTIFIED IN THE SUBJECT FIELDS.
9 § 3707. Display of United States Flag.
10 (a) Outdoors.--The governing board of each school entity
11 shall display a United States Flag upon or near each public
12 school building in clement weather, during school hours and at
13 such other times as the board may determine.
14 (b) Indoors.--All boards of school directors, all
15 proprietors or principals of nonpublic schools and all
16 authorities in control of nonpublic schools or other educational
17 institutions shall display the United States Flag, not less than
18 three feet in length, within all school buildings under their
19 control during each day the schools are in session.
20 (c) National Flag Code.--Each school shall provide and
21 distribute to each student enrolled in the eighth grade of the
22 public schools, one illustrated copy of the National Flag Code,
23 and shall, from time to time, make available such copies as are
24 necessary for the replacements from year to year. It shall be
25 the duty of each teacher in the public schools to make such use
26 of the code as he may, from time to time, see proper.
27 § 3708. Program for development of citizenship and patriotism.
28 (a) General rule.--All administrators and teachers in charge
29 of public and nonpublic schools shall establish and direct the
30 conduct of appropriate daily instruction or ceremonies, or in
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1 lieu thereof, at least one full period per week, for the purpose
2 of affirming and developing all allegiance to and respect for
3 the Flag of the United States of America, and for promoting of a
4 clear understanding of our American way of life, with all of the
5 unparalleled individual opportunities, and our republican form
6 of government, with its responsiveness to majority decisions and
7 demands.
8 (b) Contents of program--The program shall include:
9 (1) Instruction in the fundamental principles of our
10 form of government.
11 (2) An understanding of the provisions of the
12 Constitution of Pennsylvania and the Constitution of the
13 United States of America.
14 (3) The values to be found in the freedom of speech, of
15 religion and of the press.
16 (4) The values to be found in obedience to the laws of
17 the land and this Commonwealth.
18 (5) The importance of exercising the right of franchise.
19 (6) The obligation of every citizen to stand ready to
20 defend his country at all times from infiltration or
21 aggression by those whose acts and ideologies are contrary to
22 the American philosophy of life.
23 § 3709. Periods for prayer and meditation.
24 (a) General rule.--In each public school classroom the
25 teacher in charge may, or if so authorized or directed by the
26 governing board by which he is employed shall, at the opening of
27 school upon every school day, conduct a brief period of silent
28 prayer or meditation with the participation of all the students
29 therein assembled.
30 (b) Purpose of section.--The silent prayer or meditation
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1 authorized by subsection (a) is not intended to be, and shall
2 not be conducted as, a religious service or exercise, but shall
3 be considered as an opportunity for silent prayer or meditation
4 on a religious theme by those who are so disposed, or a moment
5 of silent reflection on the anticipated activities of the day.
6 § 3710. Program for homebound instruction.
7 (a) General rule.--All children prohibited from attending
8 school for physical or other cogent reasons shall be provided
9 homebound instruction by the school district in which they
10 reside.
11 (b) State regulations and standards.--The program of
12 homebound instruction shall conform to regulations of the State
13 board and standards of the department.
14 § 3711. Assessment statements of progress of students.
15 (a) General rule.--The chief commissioned officer of each
16 school entity shall cause to be maintained for each student
17 within his jurisdiction such assessment statements as may be
18 necessary for the purpose of continuously monitoring each
19 student's progress toward achievement of those educational goals
20 as established by the State board and the governing board.
21 Professional employees shall, under the direction of the chief
22 commissioned officer, grade and classify the students in their
23 schools.
24 (b) Contents of statements.--Assessment statements may
25 include, but need not be limited to, report cards, progress
26 reports, anecdotal statements, achievement and other test
27 records.
28 (c) Cumulative personal records.--The chief commissioned
29 officer of each school entity may cause to be created and
30 maintained a personal cumulative record for each child within
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1 the district. The records shall be kept in accordance with
2 regulations of the State board and the governing board and
3 standards of the department.
4 § 3712. Procedures for evaluation of educational programs.
5 (a) General rule.--The State board shall establish and
6 maintain such evaluation procedures as may be necessary to
7 monitor the effectiveness of educational programs provided by
8 each school district within this Commonwealth. The evaluation
9 procedure shall provide for measurement of the achievement and
10 performance of students in all educational programs comprising
11 the curricula.
12 (b) Department assessment of learned skills.--To enable
13 directors and administrators to appraise the educational
14 performance of the school district and to strengthen the school
15 district's educational program, the department shall develop a
16 procedure to assess student performance in the
17 academic/cognitive skills learned through the mandated programs
18 of study outlined in section 3702 (relating to mandated and
19 required programs or courses of study).
20 (c) Rights of students and parents.--No behavioral,
21 attitudinal or personality testing under subsection (b) shall be
22 done unless:
23 (1) each student and his parents are given prior notice
24 of the assessment, a description of the assessment and an
25 opportunity to object to the assessment, which notice to
26 parents shall be given by mail or with such assessment
27 statements as are given to parents pursuant to section 3711
28 (relating to assessment statements of progress of students);
29 and
30 (2) the assessment is administered and evaluated so that
19810H1300B2899 - 352 -
1 no individual student's responses can be identified. No
2 student who objects, or whose parent objects, to the
3 assessment, and who has submitted his objection in writing to
4 the superintendent, is required to participate in the
5 assessment.
6 (d) Department assistance to strengthen programs.--The
7 department may provide such assistance as may be requested by
8 school districts to strengthen the district's educational
9 offerings.
10 § 3713. Diplomas for completing courses of instruction.
11 (a) General rule.--The board of school directors operating
12 any secondary school within this Commonwealth shall adopt one
13 standard diploma to be awarded to each student, regardless of
14 age, completing any course of instruction which meets the
15 requirements of the State board and the board of school
16 directors. When the diploma requirements have been satisfied,
17 the diploma shall be awarded by the local school district in
18 which the applicant legally resides.
19 (b) Credits for certain courses.--Any and all credits from
20 evening courses, alternative programs, courses offered by
21 examination, independent study courses, field experience
22 programs, extension courses or such other offerings consistent
23 with the regulations of the State board shall be weighed equally
24 and without prejudice toward satisfaction of diploma
25 requirements.
26 (c) Continuation of academic degree programs.--The power to
27 confer academic degrees, honorary or otherwise, heretofore
28 granted to and possessed by any board of public education, board
29 of school directors, or controllers of any school district, on
30 May 18, 1911, is hereby vested in the board of school directors
19810H1300B2899 - 353 -
1 of such school district as now constituted. Any public high
2 school, in any school district, existing on May 18, 1911, with a
3 course of study of not less than four years, and upon whose
4 students of the full prescribed course of study such academic or
5 other degrees have heretofore been conferred, shall be continued
6 by the board of school directors of the school district in which
7 it shall be located, under such name or title with such
8 regulations and courses of study of such length and character,
9 as the board may deem necessary.
10 § 3714. Credits for examinations and courses.
11 (a) Credits for examinations.--
12 (1) The department shall hold examinations in secondary
13 school subjects and issue certificates for satisfactory
14 performance on the examinations.
15 (i) No person under the age of 16 who is regularly
16 enrolled in a secondary school may take the examinations.
17 (ii) No person under the age of 16 not enrolled in a
18 secondary school shall be allowed to obtain more credit
19 through the examination in any year than could be
20 obtained through enrollment in a secondary school.
21 (2) Secondary schools may hold examinations in secondary
22 school subjects and issue certificates for satisfactory
23 performance on the examinations in accordance with standards
24 of the department.
25 (b) Credits for courses.--
26 (1) The department, in accordance with its standards,
27 shall grant to residents of this Commonwealth credits,
28 certificates or diplomas for secondary school education for
29 educational courses offered by:
30 (i) The military, naval or merchant marine services.
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1 (ii) The armed forces institute.
2 (iii) Evening or extension courses offered by
3 schools or colleges approved by the department.
4 (iv) Institutions maintained by the Commonwealth.
5 (2) Secondary schools may grant credits, certificates
6 and diplomas for educational courses not offered by them in
7 accordance with standards of the department.
8 § 3715. Governor's School for the Arts.
9 The department shall establish, out of funds appropriated for
10 extension education for the talented, a program of extension
11 education for artistically talented school-age persons who are
12 residents of this Commonwealth. The program shall be known as
13 the Governor's School for the Arts. Admission to the program
14 shall be according to standards and regulations promulgated by
15 the department, shall be on a tuition basis for all or part of
16 the cost and shall be on a competitive basis.
17 SUBCHAPTER B
18 SCHOOL CALENDAR AND SESSIONS
19 Sec.
20 3721. Establishment of school calendar.
21 3722. Approval of shorter instructional days.
22 § 3721. Establishment of school calendar.
23 (a) Definition.--As used in this section "instructional day"
24 means a minimum of five hours of instruction at the elementary
25 level and five and one-half hours of instruction at the
26 secondary level.
27 (b) General rule.--The board of school directors shall, with
28 the advice of the superintendent of schools, establish the
29 school calendar in accordance with section 103(c) (relating to
30 rulemaking procedure).
19810H1300B2899 - 355 -
1 (c) Minimum days of instruction.--Except as provided in
2 subsections (d) and (e), all public schools shall be kept open
3 for at least 180 days of instruction.
4 (d) Minimum hours of instruction.--The board of school
5 directors may establish a school calendar of less than 180
6 instructional days provided:
7 (1) there is a minimum of 900 hours of instruction in
8 the elementary schools;
9 (2) there is a minimum of 990 hours of instruction in
10 the secondary schools;
11 (3) the school day allows reasonable periods for lunch
12 and rest; and
13 (4) the department approves the school calendar as
14 providing a meritorious educational program.
15 (e) Severe weather conditions.--No school district shall be
16 required to change its graduation schedule or require graduating
17 students to return to school after graduation to make up class
18 days lost due to severe weather conditions or other emergency as
19 determined by the board. An emergency shall include, but not be
20 limited to, a breakdown of school plant facilities. A labor
21 dispute involving school district employees shall not constitute
22 an emergency for the purposes of this section. No district which
23 makes a bona fide effort as determined by the department to
24 provide 180 days of instruction for graduating students shall
25 receive less subsidy payments or reimbursements than it would
26 otherwise be entitled to receive on account of the school year
27 because of the provisions of this subsection.
28 (f) Lunch period for employees.--Professional employees
29 shall be allowed a lunch period free of supervisory or other
30 duties of at least 30 minutes.
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1 (g) Classes on weekends and holidays.--No school shall be
2 kept open on Sunday, Christmas, Memorial Day, the Fourth of July
3 or any other day specified by the board of school directors.
4 Regular classes may be held on Saturday only when Monday is
5 fixed as the school district's weekly holiday.
6 § 3722. Approval of shorter instructional days.
7 (a) General rule.--When emergency or crowded conditions
8 exist in a school, the department may approve, upon petition by
9 the board of school directors, a school calendar of at least 180
10 days which are shorter than the instructional day as defined in
11 section 3721 (relating to establishment of school calendar). The
12 approval shall be for a period not to exceed one school year.
13 The board of school directors may petition for reapproval when
14 emergency or crowded conditions persist. Each approved session
15 shall be regarded as a regular session.
16 (b) Hours of teachers.--Teachers employed for an approved
17 lesser session shall not be employed for a full second session
18 on the same day, but may be required by the school district to
19 serve every school day for the same number of hours as would
20 constitute a regular school day in the school district.
21 SUBCHAPTER C
22 EDUCATIONAL PROGRAMS IN INSTITUTIONS
23 Sec.
24 3731. Educational programs in State-owned institutions.
25 3732. Educational programs in places of detention.
26 § 3731. Educational programs in State-owned institutions.
27 (a) General rule.--The department shall organize and
28 supervise all educational programs in State schools and
29 hospitals, State correctional institutions and State-owned
30 institutions for deprived and delinquent children.
19810H1300B2899 - 357 -
1 (b) Contracts to provide programs.--The department may
2 contract with any public or private agency to provide the
3 programs.
4 (c) State board regulations.--The educational programs shall
5 conform to regulations promulgated by the State board.
6 (d) Financing programs.--The programs shall be financed by
7 the Commonwealth through appropriations made to the department
8 for that purpose.
9 § 3732. Educational programs in places of detention.
10 (a) General rule.--Every child in a public or nonpublic
11 place of detention as defined in Chapter 63 of Title 42
12 (relating to juvenile matters), shall be provided with an
13 educational program in accordance with this title and with State
14 board regulations.
15 (b) Program review by department.--The department shall
16 review educational programs in places of detention.
17 (c) Absence of approved program.--When a place of detention
18 fails to provide an educational program in conformity with State
19 board regulations, the department may take appropriate action
20 including a recommendation to the court that a child not be
21 placed in the place of detention.
22 CHAPTER 39
23 VOCATIONAL EDUCATION
24 Subchapter
25 A. General Provisions
26 B. Organization of Area Vocational-Technical Schools
27 C. Miscellaneous Provisions
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 Sec.
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1 3901. Definitions.
2 3902. Authority to establish and conduct programs.
3 3903. Extension and adult vocational education programs.
4 3904. Intensive classes for unemployed or underemployed
5 persons.
6 3905. Attendance in other districts.
7 § 3901. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Area vocational-technical board." The boards of school
12 directors of all the participating districts in an approved
13 attendance area acting jointly.
14 "Area vocational-technical school." An approved institution
15 offering vocational and technical education in an approved
16 attendance area.
17 "State Board for Vocational Education" or "State board." The
18 State Board of Education.
19 "Technical education." A vocational education program
20 designed to prepare an individual to enter or advance in an
21 occupational field requiring use of technical skills or
22 laboratory techniques the practice of which involves application
23 of scientific principles, supporting mathematics, management
24 principles and technical information.
25 "Vocational business education." That form of vocational
26 education designed to prepare an individual to enter or advance
27 in an occupational field wherein success is largely dependent
28 upon skills, knowledges, attitudes, work habits and leadership
29 development necessary to demonstrate competency in accounting,
30 clerical, data processing or secretarial occupations and similar
19810H1300B2899 - 359 -
1 business pursuits.
2 "Vocational education." Programs providing organized
3 instruction in theory and practice designed to develop skills,
4 knowledges, attitudes, work habits and leadership to prepare
5 individuals to enter and make progress in the fields of
6 agriculture, business, distribution of goods and services,
7 trades and industry, home economics and health.
8 § 3902. Authority to establish and conduct programs.
9 Each board of school directors, acting individually or in
10 conjunction with other boards of school directors, may, in
11 accordance with regulations of the State Board for Vocational
12 Education and standards of the department, establish, operate,
13 maintain and conduct vocational or technical education programs
14 or both.
15 § 3903. Extension and adult vocational education programs.
16 (a) Definition.--As used in this section "vocational
17 education for out-of-school youth and adults" means a part-time
18 or full-time program of instruction designed for youth and
19 adults who have left or completed high school and desire to
20 pursue a vocational education curriculum or course in
21 preparation for entrance into the labor market or who desire to
22 acquire new or updated skills.
23 (b) General rule.--Any school entity which is providing a
24 vocational education program may offer a program for out-of-
25 school youth and adults in vocational education and shall offer
26 a program when:
27 (1) the program is provided for in the State plan for
28 vocational education;
29 (2) fifteen or more out-of-school youth or adults
30 request the program in writing; and
19810H1300B2899 - 360 -
1 (3) the program is offered in accordance with
2 regulations of the State board and the governing board.
3 § 3904. Intensive classes for unemployed or underemployed
4 persons.
5 (a) General rule.--The State Board for Vocational Education
6 shall establish rules and regulations for intensive vocational
7 educational classes to increase skill levels for persons for
8 whom there are no public training programs available as the
9 needs of the economy of this Commonwealth shall require.
10 (b) Eligibility.--Persons eligible to attend classes shall
11 include:
12 (1) Qualified public assistance recipients or other
13 unemployed persons.
14 (2) Part-time workers who are not able to obtain full-
15 time employment.
16 (3) Employed persons who are working below their skill
17 levels and capacities.
18 (c) Payment of costs.--The State board shall approve and
19 authorize payment up to the full cost, including administration,
20 of the intensive classes from funds specifically appropriated
21 for that purpose. Where definite available employment is
22 contingent upon such training, the State board shall authorize
23 payment of full cost.
24 § 3905. Attendance in other districts.
25 (a) Application for admission to program.--Any resident of
26 any school district desiring a curriculum of vocational or
27 technical education not available in his district may apply for
28 admission to the governing board of any school entity offering
29 such a program. The district of residence must be consulted by
30 the school entity to which application for admission is made and
19810H1300B2899 - 361 -
1 prior to any action on the application to insure that all
2 pertinent facts and positions are known by all concerned before
3 action is taken.
4 (b) Appeal from denial of admission.--If admission to a
5 program is denied, the applicant may appeal to the State Board
6 for Vocational Education and the decision of the State board
7 shall be final. In deciding the appeal, the State board shall
8 consider:
9 (1) The opportunities for free vocational training in
10 the school district in which the applicant resides.
11 (2) The ability of the resident school district to bear
12 the costs.
13 (3) The age, preparation, aptitude and previous record
14 of the applicant.
15 (4) All other relevant circumstances.
16 (c) Payment of tuition.--If admission is approved, the
17 school district of residence shall promptly pay to the receiving
18 school entity a tuition charge equal to the current expenses,
19 debt service and capital outlay divided by the number of
20 students enrolled in the school.
21 SUBCHAPTER B
22 ORGANIZATION OF AREA VOCATIONAL-TECHNICAL SCHOOLS
23 Sec.
24 3911. Attendance area.
25 3912. Establishment of schools.
26 3913. Agreement of participating districts.
27 3914. Physical plant and construction.
28 3915. Adoption of annual budget.
29 3916. Powers and duties of governing board.
30 3917. Delegation to operating agent.
19810H1300B2899 - 362 -
1 3918. Organization of operating committee.
2 § 3911. Attendance area.
3 (a) Conformity to State plan.--Area vocational-technical
4 school attendance areas shall conform to the attendance area
5 plan of the State Board for Vocational Education.
6 (b) Proposals for inclusion.--Proposals for inclusion in the
7 attendance area plan shall be developed by the intermediate unit
8 board of directors. A school district in an adjacent
9 intermediate unit may be included in such a proposal if approved
10 by the board of school directors and the board of the
11 intermediate unit to which it belongs.
12 (c) Petition to State board.--The board of school directors
13 of any school district may petition the State board for
14 attendance area assignment or reassignment.
15 § 3912. Establishment of schools.
16 (a) Call for election by districts.--Where more than one
17 district constitutes an attendance area the appropriate
18 intermediate unit may, and upon the request of any school
19 district shall, call for an election by the boards of school
20 directors within the attendance area to determine if an area
21 vocational-technical school shall be established.
22 (b) School district election to participate.--Each school
23 district within the attendance area may elect to participate in
24 the establishment of the area vocational-technical school.
25 (c) Approval by State board.--With the approval of the State
26 board, the school shall be established.
27 (d) Organization and meetings.--After the establishment of
28 the school, the school directors of the participating school
29 districts shall organize to elect a president, vice president,
30 treasurer and secretary. Thereafter, the school directors of the
19810H1300B2899 - 363 -
1 participating school districts shall hold an annual meeting to:
2 (1) Elect a president, vice president, treasurer and
3 secretary of the area vocational-technical board.
4 (2) Carry out the responsibilities of the participating
5 boards of school directors as provided in this title.
6 (e) Single district attendance area.--Where a single school
7 district constitutes an attendance area, the board of school
8 directors of that district may establish and operate area
9 vocational-technical schools and be considered an area
10 vocational-technical board, subject to the approval of the State
11 board.
12 § 3913. Agreement of participating districts.
13 (a) General rule.--The boards of school directors of the
14 school districts electing to participate in the area vocational-
15 technical school shall enter into a written agreement setting
16 forth the rights and obligations of the participating school
17 districts.
18 (b) Change in agreement.--No change shall be made in the
19 agreement without the consent of each participating school
20 district by the affirmative vote of each board of school
21 directors.
22 (c) Withdrawal from agreement.--No school district may
23 withdraw from the agreement without the consent of each
24 participating school district and without the approval of the
25 State board.
26 § 3914. Physical plant and construction.
27 (a) Property acquisition and management.--The participating
28 school districts may, in accordance with the terms of their
29 agreement, locate, acquire, improve and dispose of property in
30 accordance with Chapter 49 (relating to physical plant and
19810H1300B2899 - 364 -
1 construction) and the terms of the agreement.
2 (b) Allocation of expenses.--All expenses incurred in
3 connection with the establishment of area vocational-technical
4 schools and additions and improvements thereto shall be borne by
5 each participating school district in the proportion agreed to
6 by the districts.
7 (c) Payments by new participating districts.--Any school
8 district not participating in the original establishment of the
9 area vocational-technical school, which later elects to
10 participate, shall contribute to the cost of the school an
11 amount agreed upon with the then participating districts and
12 shall make such further annual payments on account of
13 obligations to the State Public School Building Authority or on
14 account of rentals under leases with municipality authorities as
15 shall be agreed upon.
16 (d) Ownership of property.--All property acquired shall be
17 owned jointly by the several participating school districts in
18 the proportion that each district has contributed to the total
19 cost of acquisition, construction and improvement.
20 § 3915. Adoption of annual budget.
21 The participating school districts shall annually in
22 convention or by mail ballot adopt an operating budget by the
23 affirmative vote of:
24 (1) two-thirds of the participating school districts;
25 and
26 (2) a majority of the directors of the participating
27 districts.
28 § 3916. Powers and duties of governing board.
29 The participating school districts shall, by a majority vote
30 of the members of the boards of school directors, or, if they
19810H1300B2899 - 365 -
1 have designated an operating agent, it shall:
2 (1) Establish rules and regulations for the
3 administration and operation of the area vocational-technical
4 schools.
5 (2) Designate chief executive officers for the schools.
6 If the intermediate unit board is the operating agent, the
7 chief executive officer shall be the executive director of
8 the intermediate unit. In all other cases, the chief
9 executive officer shall be the superintendent of a
10 participating school district or the executive director of
11 the intermediate unit.
12 (3) Employ such persons as are necessary to carry on the
13 vocational-technical education and determine the salaries to
14 be paid. All professional employees shall have the same
15 rights as professional employees of school districts.
16 (4) Purchase, lease or otherwise acquire all necessary
17 furniture, implements, books, materials, equipment and
18 supplies in accordance with Chapter 31 (relating to local
19 finance).
20 (5) Enter into contracts to effectuate the purposes of
21 this chapter in accordance with section 3134 (relating to
22 contracts and payments for purchases).
23 (6) Make such reports as the department may require.
24 (7) Adopt criteria for admitting students to area
25 vocational-technical schools in accordance with regulations
26 of the State board.
27 (8) Accept students in area vocational-technical schools
28 from nonparticipating districts and compute tuition charges
29 therefor.
30 (9) When authorized by the participating school
19810H1300B2899 - 366 -
1 districts, provide transportation of district students to and
2 from the area vocational-technical school in which they have
3 been accepted and apply for and receive on behalf of the
4 school districts reimbursement on account of transportation
5 provided.
6 (10) Designate a person to perform the duties of
7 business administrator as defined in section 2376(a)
8 (relating to business administrator).
9 § 3917. Delegation to operating agent.
10 (a) General rule.--The participating school districts may
11 delegate, by a majority vote of each board of school directors,
12 the operation of the area vocational-technical schools to an
13 operating agent, which may be:
14 (1) one or more intermediate unit board of directors in
15 accordance with a written agreement between the participating
16 school districts and the intermediate boards of directors; or
17 (2) an operating committee elected from among the
18 members of the participating boards of school directors.
19 (b) Membership of operating committee.--The membership of
20 the committee shall be determined by the agreement between the
21 participating school districts except that each participating
22 school district shall have at least one member thereon. Each
23 participating board of school directors shall elect one or more
24 of its members, as the case may be, to serve on the committee.
25 The members so elected shall serve a three-year term commencing
26 the day of the election in the month of December. In the first
27 election, the terms of office of one-third of the members shall
28 expire at the end of the first year, the terms of office of one-
29 third of the members shall expire at the end of the second year,
30 and the terms of office of the remaining one-third shall expire
19810H1300B2899 - 367 -
1 at the end of the third year. The length of the terms of office
2 of the initial members shall be determined by the casting of
3 lots.
4 § 3918. Organization of operating committee.
5 (a) Chairman and vice chairman.--Each year, during the month
6 of December, the operating committee shall choose from its
7 members a chairman and vice chairman.
8 (b) Treasurer.--Annually, during the month of May, the
9 operating committee shall elect a treasurer to serve for one
10 year beginning the first Monday in July.
11 (1) The treasurer may or may not be a member of the
12 board.
13 (2) The treasurer may be any corporation duly qualified
14 and legally authorized to transact a fiduciary business in
15 this Commonwealth.
16 (3) The treasurer may receive for services rendered such
17 reasonable compensation as the board shall fix.
18 (4) The provisions of section 2377(a) (relating to
19 treasurer) shall apply to the treasurer of the operating
20 committee.
21 (c) Secretary.--Every four years, during the month of May,
22 the operating committee shall elect a secretary to serve for a
23 term of four years beginning the first Monday of July following
24 such election.
25 (1) The secretary may or may not be a member of the
26 board.
27 (2) The secretary may receive for services rendered such
28 reasonable compensation as the board may fix.
29 (3) The provisions of section 2374(a) (relating to
30 secretary) shall apply to the secretary of the operating
19810H1300B2899 - 368 -
1 committee.
2 (d) Interim officers.--The operating committee shall elect
3 interim officers to serve until the fully elected officers take
4 office.
5 (e) Removal, bond and insurance.--The provisions of Chapters
6 23 (relating to boards of school directors) and 31 (relating to
7 local finance) dealing with removal of officers, bond and
8 insurance shall apply to the area vocational-technical school
9 operating committee and to the officers elected under section
10 3912 (relating to establishment of schools).
11 SUBCHAPTER C
12 MISCELLANEOUS PROVISIONS
13 Sec.
14 3931. Establishment of advisory committees.
15 3932. Cooperation between schools and community colleges.
16 § 3931. Establishment of advisory committees.
17 The State Board for Vocational Education may prescribe
18 regulations providing for the establishment of advisory
19 committees at the local level to assure that the public,
20 employers, professional educators and labor representatives
21 provide the necessary advice and information for the effective
22 operation of the vocational education program.
23 § 3932. Cooperation between schools and community colleges.
24 Area vocational-technical schools and community colleges
25 shall coordinate their postsecondary vocational and technical
26 education programs to assure progressive advancement of students
27 and efficient use of educational resources. In no event shall a
28 full-time postsecondary program of instruction be initiated
29 after the effective date of this section by either an area
30 vocational-technical school or a community college where such a
19810H1300B2899 - 369 -
1 program is already being provided by either an area vocational-
2 technical school or a community college serving the area.
3 CHAPTER 41
4 SPECIAL EDUCATION
5 Subchapter
6 A. General Provisions
7 B. Programs for Exceptional Children
8 C. Finance Relating to Exceptional Children
9 D. Provisions Applicable to Certain Exceptional Children
10 SUBCHAPTER A
11 GENERAL PROVISIONS
12 Sec.
13 4101. Definitions.
14 4102. Evaluation of suspected exceptional children.
15 4103. Hearings for assignment of exceptional children.
16 4104. Reports on exceptional children.
17 § 4101. Definitions.
18 The following words and phrases when used in this chapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Approved private school." A private school whose specific
22 special education program is approved by the department and is
23 thereby eligible to receive payments for "tuition" or "tuition
24 and maintenance" from Commonwealth, intermediate unit or school <--
25 district funds.
26 "Exceptional children." Includes the following:
27 (1) Children of school age or deviate below the average
28 in physical, mental, emotional or social characteristics to
29 such an extent that they require special educational
30 programs, facilities or services and shall include all
19810H1300B2899 - 370 -
1 children in detention homes.
2 (2) Mentally gifted children of school age who deviate
3 above the average in mental characteristics to such an extent
4 that they require special educational programs, facilities or
5 services. The State board shall promulgate regulations
6 establishing criteria for identifying the category of
7 exceptional children enumerated in this paragraph. Parents
8 and guardians shall have the right to reject the placement of
9 the child in programs as stated in this paragraph.
10 "School age for exceptional children." Includes persons
11 defined in section 4701 (relating to right to free public
12 education) and also those exceptional children, as determined by
13 the department, who have not yet reached school age but are of
14 the age at which preschool programs are being made available to
15 nonexceptional children in the same school district. Every <--
16 exceptional child or person enrolled in a special education
17 program on or before September 1, 1979, shall receive a minimum
18 of eight years of instruction. This does not apply to
19 institutionalized individuals.
20 "Special education." An education program adjusted to meet
21 the specific educational needs of exceptional children.
22 § 4102. Evaluation of suspected exceptional children.
23 (a) General rule.--When thought to be exceptional or
24 identified as exceptional in accordance with section 4725
25 (relating to periodic census of school children in district) a
26 child shall be examined by a person certified as a public school
27 psychologist and by any other expert needed to determine the
28 nature and degree of the exceptional condition of the child.
29 (b) Notice to parents.--No examination shall be done as
30 provided in subsection (a) unless the parents of the child are
19810H1300B2899 - 371 -
1 provided prior notice of the examination and informed of their
2 rights to object to the evaluation and request a hearing in
3 accordance with the regulations of the State board. In addition,
4 the results of the examination shall be reported to the parents
5 after such time as may be necessary for the public school
6 psychologist and other experts to determine the nature and
7 degree of the exceptional condition of the child.
8 (c) Child entitled to special education.--A child evaluated
9 as exceptional shall be entitled to a special education program
10 in accordance with the provisions of this chapter.
11 § 4103. Hearings for assignment of exceptional children.
12 The parent of a child evaluated in accordance with section
13 4102 (relating to evaluation of suspected exceptional children)
14 shall be entitled to notice and the opportunity for a hearing in
15 a form prescribed by the State board prior to the assignment or
16 reassignment of the child.
17 § 4104. Reports on exceptional children.
18 The district superintendent of each school district shall
19 submit reports on exceptional children to the intermediate unit.
20 The reports shall be in a manner prescribed by the department
21 and shall include, but not be limited to:
22 (1) A report of all children evaluated in accordance
23 with section 4102 (relating to evaluation of suspected
24 exceptional children) and found to be exceptional.
25 (2) A report of all children residing in the school
26 district who are enrolled in special programs in public or
27 approved private schools.
28 (3) Any other reports which shall be prescribed by the
29 department.
30 SUBCHAPTER B
19810H1300B2899 - 372 -
1 PROGRAMS FOR EXCEPTIONAL CHILDREN
2 Sec.
3 4111. Plans for education of children.
4 4112. Regulations and standards for education of children.
5 4113. Special education programs, classes and schools.
6 4114. Instruction of children in the home.
7 4115. Placement of extraordinary exceptional children.
8 § 4111. Plans for education of children.
9 (a) Preliminary information.--Each school district, as the
10 school entity primarily responsible for the education of
11 exceptional children, shall provide to its intermediate unit
12 such information as may be necessary to prepare the plan
13 described in subsection (b).
14 (b) Preparation and approval of plan.--Each intermediate
15 unit working cooperatively with each school district within its
16 area shall annually, on or before June 1, prepare and submit for
17 approval or disapproval to the department an updated plan for
18 the proper education and training of all exceptional children
19 within the intermediate unit and component districts in
20 accordance with the standards of the department and the State
21 board. The department shall approve such intermediate unit plan
22 in accordance with section 705 (relating to departmental
23 approval of plans) with special attention to eliminating
24 unnecessary duplication of existing facilities and programs,
25 both public and private, except that the department shall have
26 90 days to act.
27 (1) The intermediate unit plan shall be derived from <--
28 plans submitted to the intermediate unit by its component
29 school districts. The intermediate unit plan shall include a
30 detailed description of all special classes to be offered or
19810H1300B2899 - 373 -
1 other special education services to be secured including an
2 indication of the amount and source of funding for each class
3 or service and an indication of the projected per pupil cost.
4 (2) Prior to the submission of the plan to the
5 department, the plan shall be submitted in a proposed form by
6 the intermediate unit to each school district within its area
7 for review and comment. Following opportunity for review and
8 comment, the proposed plan in final form shall be submitted
9 to each school district for vote upon the plan by the board
10 of school directors of each district. Only if the plan is
11 adopted by at least two-thirds of the boards of school
12 directors of the school districts may the intermediate unit
13 then submit the plan to the department for approval or
14 disapproval.
15 (3) It shall be the duty of the intermediate unit to
16 provide every school district within the intermediate unit
17 with such information as may be necessary for the boards to
18 fulfill their responsibility of approval or disapproval.
19 Further, the board of school directors may contract with
20 independent programmatic and fiscal experts to review the
21 plans submitted by the intermediate unit prior to vote.
22 (4) After the plan is approved by the department, the
23 special education of all exceptional children within the
24 intermediate unit area shall be in accordance with the
25 approved plan.
26 (5) A plan once approved by the department may be
27 amended without acceptance of the amendment by two-thirds
28 vote of the component school districts only if the amendment:
29 (i) concerns one district or group of districts;
30 (ii) is acceptable to the intermediate unit and the
19810H1300B2899 - 374 -
1 district or group of districts which the amendment
2 concerns;
3 (iii) does not decrease the services, funds or
4 resources made available to the remaining districts under
5 the approved plan or increase the responsibilities of the
6 districts under the approved plan; and
7 (iv) is submitted to and approved by the department.
8 (c) Revision of plan.--Plans provided for in this section
9 shall be revised as conditions warrant, subject to the approval
10 of the department.
11 (d) Status of plan.--The plan to be submitted under this
12 section shall be considered a "regulation" for the purpose of
13 section 103(c) (relating to rulemaking procedure).
14 (1) EACH SCHOOL DISTRICT SHALL INCLUDE IN ITS LONG-RANGE <--
15 PLAN PROCEDURES FOR THE EDUCATION OF ALL EXCEPTIONAL SCHOOL-
16 AGED PERSONS.
17 (2) EACH INTERMEDIATE UNIT SHALL PREPARE A COMPREHENSIVE
18 PLAN FOR THE EDUCATION OF EXCEPTIONAL SCHOOL-AGED PERSONS
19 WHICH INCLUDES THE DISTRICT PLANS, THE INTERMEDIATE UNIT PLAN
20 AND COMBINATION OF THE TWO PLANS. THIS PLAN SHALL INCLUDE ALL
21 PROGRAMS AND SERVICES AVAILABLE INCLUDING WELFARE AGENCIES,
22 APPROVED PRIVATE SCHOOLS AND OTHER PRIVATE AGENCIES.
23 (3) THE SECRETARY SHALL PRESCRIBE THE FORMAT AND CONTENT
24 OF THE INTERMEDIATE UNIT AND SCHOOL DISTRICT PLANS.
25 § 4112. Regulations and standards for education of children.
26 (a) Regulations.--The State board shall promulgate
27 regulations for the proper education and training of all
28 exceptional children by school districts, intermediate units,
29 approved private schools and the department.
30 (b) Standards.--The State board SECRETARY shall issue <--
19810H1300B2899 - 375 -
1 standards by which programs and services shall be established,
2 operated and maintained for the education and training of all
3 exceptional children regardless of the school in which the child
4 is enrolled, and require for such purpose any reports it THE <--
5 SECRETARY deems necessary. The standards shall recognize such
6 factors as:
7 (1) Numbers of exceptional children.
8 (2) Types of handicaps.
9 (3) Adequacy of existing provisions including supportive
10 services and modes of transportation.
11 (4) Sufficiency of facilities including type, kind,
12 quality and location.
13 (5) Composition and size of classes.
14 (6) Conditions of admission and withdrawal of students.
15 (7) Qualifications of teachers and supportive personnel.
16 (c) Adoption of rules, REGULATIONS AND STANDARDS.--All <--
17 rules, regulations and standards promulgated or issued by the
18 State board OR THE SECRETARY under this section shall be adopted <--
19 in compliance with section 508 (relating to legislative action
20 on rules or regulations) OR 702(B) (RELATING TO POWERS AND <--
21 DUTIES OF SECRETARY), WHICHEVER IS APPROPRIATE.
22 (D) CHANGES IN REGULATIONS AND STANDARDS.--NO CHANGE IN THE <--
23 RULES, REGULATIONS OR STANDARDS, OTHER THAN EDITORIAL CHANGES,
24 SHALL BE ADOPTED BY THE STATE BOARD UNTIL EACH INTERMEDIATE UNIT
25 HAS NOTIFIED THE PUBLIC OF THE TIME, PLACE AND SUBJECT OF A
26 PUBLIC HEARING ON THE PROPOSED CHANGE IN THE MANNER PROVIDED FOR
27 NOTICE OF PUBLIC MEETINGS IN SECTION 5 OF THE ACT OF JULY 19,
28 1974 (P.L.486, NO.175), REFERRED TO AS THE PUBLIC AGENCY OPEN
29 MEETING LAW, AND EACH INTERMEDIATE UNIT HAS HELD A PUBLIC
30 HEARING ON THE PROPOSED CHANGE IN WHICH MEMBERS OF THE PUBLIC
19810H1300B2899 - 376 -
1 ATTENDING THE HEARING ARE PROVIDED AN OPPORTUNITY TO EXPRESS
2 OPPOSITION OR SUPPORT FOR THE PROPOSED CHANGE AND EACH
3 INTERMEDIATE UNIT HAS SUBMITTED TO THE STATE BOARD A SUMMARY OF
4 THE STATEMENTS MADE AT THE HEARINGS IN OPPOSITION OR SUPPORT OF
5 THE CHANGE WHICH SUMMARY SHALL INCLUDE AN INDICATION OF THE
6 NUMBER OF INDIVIDUALS IN ATTENDANCE AT THE HEARING WHO
7 DEMONSTRATED OPPOSITION AND THE NUMBER WHO DEMONSTRATED SUPPORT.
8 § 4113. Special education programs, classes and schools.
9 (a) Duty of school district.--It shall be the duty of the
10 board of school directors of every school district to provide
11 and maintain special education programs, for the proper
12 education and training of exceptional children in accordance
13 with the approved intermediate unit plan. Whenever educationally
14 feasible exceptional children shall be educated within regular
15 or special classes operated by the school district of their
16 residence.
17 (b) Duty of intermediate unit.--The intermediate unit shall
18 have the power and the duty to provide classes for exceptional
19 children who cannot be educated in a regular or special class
20 operated by a school district. The determination as to whether
21 or not such a child can or cannot be educated in a school
22 district operated class rests with the district in which the
23 child resides and shall be made in accordance with the
24 individual and educational needs of the child, the requirements
25 of least restrictive environment and due process procedures for
26 exceptional children.
27 (c) Authority of department.--Where, in the judgment of the
28 department, the provisions of this title relating to the proper
29 education and training of exceptional children have not been
30 complied with or the needs of exceptional children are not being
19810H1300B2899 - 377 -
1 adequately served, the department is authorized to provide,
2 operate, lease, maintain, administer and supervise programs,
3 services and facilities as needed.
4 (d) Enrollment in private schools.--The department shall
5 have the power and the duty to approve enrollment of certain
6 exceptional children in approved private schools in accordance
7 with the plan submitted under section 4111 (relating to plans
8 for education of children) and with State board regulations and
9 standards promulgated by the department.
10 § 4114. Instruction of children in the home.
11 (a) Definition.--As used in this section "instruction in the
12 home" means special education programs provided in the home to
13 exceptional children and their parents.
14 (b) General rule.--The intermediate unit shall provide
15 instruction in the home to all exceptional children eligible for
16 such programs and services.
17 (c) Eligibility.--Instruction in the home shall not be
18 viewed as a preferred placement or as homebound instruction as
19 defined in section 3710 (relating to program for homebound
20 instruction) but shall be reserved for those few exceptional
21 children unable to attend an organized school program.
22 § 4115. Placement of extraordinary exceptional children.
23 (a) Definition.--As used in this section "extraordinary
24 exceptional child" means a child who is functioning at an
25 extremely limited level due to severe mental or physical
26 handicaps or a combination thereof, to the extent that the child
27 cannot profit from a program in the public schools.
28 (b) General rule.--Any child who is determined to be
29 extraordinarily exceptional shall be provided a placement
30 jointly by the school district and the Departments of Education
19810H1300B2899 - 378 -
1 and Public Welfare or by the school district and the Departments
2 of Education and Health into a program appropriate to the needs
3 of the child. The parents of the child shall be entitled to the
4 protections of the provisions of section 4103 (relating to
5 hearings for assignment of exceptional children).
6 SUBCHAPTER C
7 FINANCE RELATING TO EXCEPTIONAL CHILDREN
8 Sec.
9 4121. Child member of district for reimbursement.
10 4122. Payments for programs and schools operated by department.
11 4123. Tuition charges for children in private schools.
12 4124. Tuition payments for children in private schools.
13 4125. Tuition charges for children in chartered schools.
14 § 4121. Child member of district for reimbursement.
15 The average daily membership of students enrolled in programs
16 for exceptional children operated by an intermediate unit or by
17 the department shall be credited to the school district of
18 residence for the purpose of determining the weighted average
19 daily membership of the school district.
20 § 4122. Payments for programs and schools operated by
21 department.
22 For each child enrolled in any special program or school for
23 exceptional children operated by the department pursuant to
24 section 4113(c) (relating to special education programs, classes
25 and schools), the school district in which the child is resident
26 shall pay the Commonwealth a sum equal to 110% of the "tuition
27 charge per elementary or secondary school student" as determined
28 for the schools operated by the district based upon the costs of
29 the preceding school year as provided for in section 2972
30 (relating to determination of charges for nonresident students).
19810H1300B2899 - 379 -
1 § 4123. Tuition charges for children in private schools.
2 (a) Allocation of liability for tuition.--When any child of
3 school age residing in this Commonwealth who is blind, deaf,
4 cerebral palsied, brain damaged, muscular dystrophied or
5 mentally retarded or socially and emotionally disturbed is
6 enrolled, with the approval of the department, in an approved
7 private school, the school district in which the child is a
8 resident shall pay 20% of the charges for "tuition and
9 maintenance" of each child and the department, out of funds
10 appropriated for special education, shall pay 80% of the
11 charges, not to exceed the amounts specified in subsection (c).
12 (b) Liability where resident district unascertainable.--If
13 the school district of residence of the children described in
14 subsection (a) cannot be determined, the department shall pay
15 the total charges for "tuition" or "tuition and maintenance" of
16 any such child enrolled in an approved private school, not to
17 exceed the amounts specified in subsection (c).
18 (c) Maximum charges.--In no event shall the total charges
19 for:
20 (1) Tuition and maintenance for residential students
21 exceed $10,500 a year.
22 (2) Tuition for deaf or blind or cerebral palsied or
23 muscular dystrophied day students exceed $6,100 a year.
24 (3) Tuition for brain damaged or mentally retarded or
25 socially and emotionally disturbed day students exceed $5,100
26 a year.
27 (d) Nonschool age children.--When any person above or below
28 school age with the types of exceptionalities listed in
29 subsection (a) is enrolled, with the approval of the department
30 in accordance with State board regulations, in an approved
19810H1300B2899 - 380 -
1 private school, the charges for "tuition" or "tuition and
2 maintenance" of the persons shall be paid by the department. The
3 payments shall be made out of funds appropriated to special
4 education. Charges for students enrolled pursuant to this
5 subsection shall be determined according to subsection (c).
6 (e) Charges to students or parents.--No private institution
7 receiving payment in accordance with this section may impose any
8 charge on the student or parents who are Pennsylvania approved
9 reimbursable residents for a program of instruction and
10 maintenance appropriate to the needs of the student except that
11 charges for programs not part of the normal school year may be
12 made.
13 (f) Vocational education programs.--Where the private
14 institution provides a vocational education program to the
15 students enrolled therein as an established and integral part of
16 its on-going approved program and where the department deems the
17 program to be necessary because of the unavailability of an
18 appropriate program for the students, the maximum rate payable
19 shall be increased by the audited cost of the program per
20 approved Pennsylvania resident enrolled in the program.
21 (g) Multihandicapped students.--Where the private
22 institution provides special education programs for
23 multihandicapped students which is adjudged necessary by the
24 department, the maximum rate payable shall be increased by 75%
25 for the second severe handicap, 85% for the third severe
26 handicap and 100% for more than three severe handicaps.
27 (h) Audits.--The department shall be provided with such
28 financial data from private schools as may be necessary to
29 determine the reasonableness of charges for tuition and room and
30 board of the institution made on Pennsylvania resident approved
19810H1300B2899 - 381 -
1 reimbursed students. The department shall evaluate the data and
2 shall disallow any charge deemed unreasonable. Any charges
3 deemed unreasonable by the department for disallowance shall be
4 considered an adjudication within the meaning of Title 2
5 (relating to administrative law and procedure). For the purpose
6 of providing adequate administration of the program and to carry
7 out the preaudit functions authorized in this subsection, 0.50%
8 of the total appropriations for approved private schools from
9 all funds shall be allocated to the department.
10 § 4124. Tuition payments for children in private schools.
11 (a) School district share.--Amounts due by school districts
12 for the "tuition" or "tuition and maintenance" of the
13 exceptional children defined in section 4123 (relating to
14 tuition charges for children in private schools) shall be
15 withheld by the department from any moneys due to the school
16 districts out of any Commonwealth appropriations. Amounts
17 withheld shall be paid to the approved private schools by
18 warrant of the Auditor General upon the State Treasurer after
19 requisition of the department, for which purpose all amounts
20 withheld are hereby specifically appropriated to the department
21 for special education.
22 (b) Commonwealth share.--Payment of the Commonwealth's
23 portion of the charges of "tuition" or "tuition and maintenance"
24 of the exceptional children defined in section 4123 shall be
25 made quarterly out of moneys appropriated to the department for
26 special education by warrant of the Auditor General upon the
27 State Treasurer after requisition by the department.
28 (c) Periodic review of payments.--The maximum amount payable
29 for the charges of "tuition" or "tuition and maintenance" of
30 exceptional children shall be subject to review at least every
19810H1300B2899 - 382 -
1 two years for the purpose of recommending an adjustment.
2 § 4125. Tuition charges for children in chartered schools.
3 (a) Definition.--As used in this section "chartered school"
4 means any of the following chartered schools for the education
5 of the deaf or the blind:
6 (1) The Scranton State PENNSYLVANIA School for the Deaf. <--
7 (2) The Overbrook School for the Blind.
8 (3) The Western Pennsylvania School for Blind Children.
9 (4) The Western Pennsylvania School for the Deaf.
10 (b) General rule.--When any deaf or blind child of school
11 age residing in this Commonwealth is enrolled, with the approval
12 of the department, as a student in any chartered school in
13 accordance with standards and regulations promulgated by the
14 Council of Basic Education, the school district in which the
15 child is a resident shall pay 20% of the actual cost of tuition
16 and maintenance of the child in the school as determined by the
17 department and the department shall pay, out of funds
18 appropriated for special education, 80% of the actual cost of
19 their tuition and maintenance as determined by the department.
20 (c) Liability where resident district unascertainable.--If
21 the residence of the child in a particular school district
22 cannot be determined, the department shall pay, out of moneys
23 appropriated for special education, the entire cost of tuition
24 and maintenance of the child.
25 (d) Nonschool age children.--When any deaf or blind child
26 less than school age residing in this Commonwealth is enrolled,
27 with the approval of the department, as a residential student in
28 any chartered school, the department shall pay to the school,
29 out of moneys appropriated for special education, the actual
30 cost of tuition and maintenance of the child as determined by
19810H1300B2899 - 383 -
1 the department subject to review and approval in accordance with
2 standards and regulations promulgated by the Council of Basic
3 Education and, in addition, in the case of any child less than
4 school age who is blind, the cost as determined by the
5 department of instructing the parent of the blind child in
6 caring for the child.
7 (e) Limitation on other charges by schools.--None of the
8 chartered schools receiving payment in accordance with this
9 section shall impose any charge on the student or parents who
10 are approved reimbursable residents for a program of instruction
11 and maintenance appropriate to the needs of the child except
12 that charges for programs not part of the normal school year may
13 be made.
14 (f) Audits.--The department shall be provided with such
15 financial data from each chartered school as may be necessary to
16 determine the reasonableness of charges for tuition and room and
17 board of each chartered school made on Pennsylvania resident
18 approved students. The department shall evaluate the data and
19 shall disallow any charge deemed unreasonable. Any charges
20 deemed unreasonable by the department for disallowance shall be
21 considered an adjudication within the meaning of Title 2
22 (relating to administrative law and procedure).
23 SUBCHAPTER D
24 PROVISIONS APPLICABLE TO CERTAIN
25 EXCEPTIONAL CHILDREN
26 Sec.
27 4131. Instruction for parents of the blind.
28 4132. Higher education expenses for blind and deaf persons.
29 4133. Providing special personnel and equipment.
30 § 4131. Instruction for parents of the blind.
19810H1300B2899 - 384 -
1 (a) General rule.--The department is authorized to instruct
2 parents of blind children below school age in the care of such
3 children.
4 (b) Payment of costs.--The cost of the programs shall be
5 paid out of moneys appropriated to the department for special
6 education.
7 § 4132. Higher education expenses for blind and deaf persons.
8 (a) General rule.--The department may make provisions for
9 defraying the necessary expenses, not to include tuition, of any
10 blind or deaf person regularly enrolled in a course of higher
11 education approved by the department.
12 (b) Limitations.--The amount expended out of the moneys
13 appropriated for this purpose shall not exceed $500 a year for
14 each person and shall not be considered by any other department
15 of the Commonwealth in determining eligibility for, or amounts
16 of, aid or programs provided to the person by those departments.
17 § 4133. Providing special personnel and equipment.
18 (a) General rule.--Any child of school age who is blind,
19 partially sighted, deaf, hard of hearing or afflicted with
20 cerebral palsy and enrolled in an approved program of education
21 in any of the public schools of this Commonwealth may be
22 provided with readers, helpers, guides, appliances, aids or
23 devices.
24 (b) Reimbursement of school district.--The Commonwealth
25 shall reimburse school districts out of moneys appropriated to
26 the department an amount equal to the costs of the services and
27 equipment multiplied by the district's aid ratio when the
28 expenditures are made in accordance with a budget approved by
29 the department. The total expenditure by the Commonwealth shall
30 not exceed 75% of the amount of tuition and maintenance for
19810H1300B2899 - 385 -
1 residential students allowed in section 4123(c) (relating to
2 tuition charges for children in private schools).
3 CHAPTER 43
4 SUPPORTIVE SERVICES
5 Subchapter
6 A. Educational Media
7 B. Library Program
8 C. Food Service
9 D. Student Personnel Services
10 E. School Health Services
11 F. Transportation
12 SUBCHAPTER A
13 EDUCATIONAL MEDIA
14 Sec.
15 4301. Educational broadcasting and communication technologies.
16 4302. Expenditure of funds for media purposes.
17 § 4301. Educational broadcasting and communication
18 technologies.
19 (a) State plan.--The State board shall adopt and amend, when
20 necessary, a State Plan for Educational Broadcasting. The State
21 plan shall provide for the development of educational
22 broadcasting facilities in this Commonwealth and shall define
23 educational broadcasting service areas which shall be served by
24 specified broadcasting centers. The department shall adopt
25 standards to implement the State plan. Prior to adoption or
26 amendment of the State plan, the board shall submit the plan to
27 the Pennsylvania Public Television Network Commission and
28 receive its comments thereon.
29 (b) Agreements by school entities.--The governing boards of
30 any school entity may enter into agreements with nonprofit or
19810H1300B2899 - 386 -
1 commercial organizations for the purpose of broadcasting and
2 other related educational communication activities.
3 (c) Agreements by department.--The department may enter into
4 agreements with educational or commercial radio or television
5 networks or stations, nonprofit organizations, cable operators
6 or television production centers or nonpublic schools or any
7 other appropriate agency for the purpose of educational
8 broadcasting and other educational communication technologies.
9 (d) Contracts for broadcasts.--The department and governing
10 boards of any school entities may contract for educational
11 broadcasts for students or adults, using State funds or State-
12 administered Federal funds appropriated for that purpose or
13 private grants or gifts.
14 (e) Operation of broadcasting stations.--In accordance with
15 the State Plan for Educational Broadcasting, the department may
16 establish or operate a broadcasting station or purchase, produce
17 or contract to purchase or produce tapes, films and other
18 recordings for educational uses.
19 § 4302. Expenditure of funds for media purposes.
20 Whenever funds become available from any source for
21 educational media purposes, the department may expend the funds
22 for these purposes. Media purposes include, but are not limited
23 to:
24 (1) Making grants to intermediate units for the
25 expansion of instructional materials service programs which
26 have been developed in accordance with regulations of the
27 State board and standards of the department.
28 (2) Establishing and, where necessary, operating pilot
29 educational television and communications projects.
30 (3) Purchasing, producing and contracting for the
19810H1300B2899 - 387 -
1 purchase or production of tapes, films, recordings and other
2 materials for educational use.
3 (4) Making special grants to school entities, State
4 colleges, educational broadcasting councils and stations,
5 commercial television and other agencies for educational
6 broadcasting services and other communications services
7 procured by them where it is determined by the department
8 that the awarding of special grants will materially encourage
9 the use of educational television facilities and other
10 educational communication technologies.
11 (5) Establishing educational television facilities and
12 other educational communication technologies in accordance
13 with State plans.
14 (6) Establishing network facilities to link educational
15 broadcasting facilities and other educational communication
16 technologies as may be required by State plans.
17 (7) Improving the preparation of teachers and students
18 utilizing various communication technologies by pre-service
19 and in-service training workshops, publications and similar
20 methods.
21 (8) Performing other functions required by educational
22 communication technologies.
23 SUBCHAPTER B
24 LIBRARY PROGRAM
25 Sec.
26 4311. Comprehensive school library program.
27 § 4311. Comprehensive school library program.
28 Every school district shall develop, in accordance with
29 regulations of the State board, a comprehensive library program
30 meeting standards established by the department. Cooperation and
19810H1300B2899 - 388 -
1 coordination with local, county, district and other public-
2 funded library systems consistent with these standards shall be
3 effected to the greatest extent possible to avoid unnecessary
4 duplication of services.
5 SUBCHAPTER C
6 FOOD SERVICE
7 Sec.
8 4321. Food service facilities in schools.
9 4322. Free food for needy students.
10 4323. Nonprofit child nutrition program.
11 § 4321. Food service facilities in schools.
12 (a) General rule.--Any governing board shall have the power
13 to establish, equip, maintain and operate food service
14 facilities or to contract for any services necessary for the
15 operation of a food service program in any of the schools under
16 its jurisdiction.
17 (b) Price of food served.--The food served shall be sold to
18 the students and school employees at a price that will not
19 materially exceed the cost of operation.
20 (c) Food service fund.--A separate fund shall be maintained
21 for the food service programs and any balance of funds accruing
22 from the operation may be used only for the improvement or
23 maintenance of the food service programs.
24 § 4322. Free food for needy students.
25 Any governing board may furnish food, including milk, to
26 under-nourished and deprived students attending their schools at
27 the expense of the school entity.
28 § 4323. Nonprofit child nutrition program.
29 (a) Definition.--As used in this section "child nutrition
30 program" means a program under which food is served by any
19810H1300B2899 - 389 -
1 school on a nonprofit basis to children in attendance, including
2 a program under which a school receives assistance out of funds
3 appropriated by the Congress of the United States.
4 (b) Disbursement of Federal funds.--The department is
5 authorized to accept and direct the disbursement of funds
6 appropriated by any act of Congress and apportioned to this
7 Commonwealth for use in connection with child nutrition
8 programs. The department shall deposit the funds received from
9 the Federal Government in a special account with the State
10 Treasurer who shall make disbursements therefrom upon the
11 direction of the department.
12 (c) Administration of program.--The department may enter
13 into agreements with any agency of the Federal Government, with
14 any governing board or with any other sponsoring agency or
15 person, prescribe standards, employ personnel and take other
16 necessary action to provide the establishment, maintenance,
17 operation and expansion of any child nutrition program and to
18 direct the disbursement of Federal and State funds in accordance
19 with any applicable provisions of Federal or State law.
20 (d) Use of non-Federal funds.--Pursuant to any power of
21 governing boards and other sponsors to operate or provide for
22 the operation of child nutrition programs in schools under their
23 jurisdiction, governing boards and other sponsors may, in
24 addition to funds disbursed to them under the provisions of this
25 section, use gifts and other funds received from the sale of
26 school food under the programs.
27 (e) Studies and reports by department.--The department may,
28 to the extent that funds are available for that purpose and in
29 cooperation with other appropriate agencies and organizations,
30 conduct studies of methods of improving and expanding school
19810H1300B2899 - 390 -
1 food programs and promoting nutritional education in the
2 schools, conduct appraisals of the nutritive benefits of school
3 food programs and report its findings and recommendations, from
4 time to time, to the Governor.
5 SUBCHAPTER D
6 STUDENT PERSONNEL SERVICES
7 Sec.
8 4331. Student personnel services program.
9 4332. Students absent for lack of necessities.
10 4333. Attendance officers and home and school
11 visitors/school social workers.
12 4334. Special police for traffic and crowd control.
13 § 4331. Student personnel services program.
14 (a) General rule.--Each school entity may provide a program
15 of student personnel services to all students enrolled in the
16 public schools of the entity.
17 (b) Scope of program.--The program of student personnel
18 services may include, but need not be limited to:
19 (1) Guidance and counseling.
20 (2) Psychological services.
21 (3) Social work.
22 (4) Health services as provided for in section 4341
23 (relating to school health services program).
24 (5) Enforcement of compulsory attendance.
25 (6) Other services defined by the State board or by the
26 board of school directors.
27 § 4332. Students absent for lack of necessities.
28 Whenever it comes to the attention of the governing board,
29 the board secretary, the attendance officer, home and school
30 visitor/school social worker, principal or chief executive
19810H1300B2899 - 391 -
1 officer that any student of compulsory school age is prevented
2 from attending school because of lack of necessary food,
3 clothing, or other necessities of life, the case shall be
4 promptly reported to any suitable relief agency operated in the
5 school district. If there is no suitable agency within the
6 school district, the case shall be reported to the proper county
7 board of assistance for investigation and relief.
8 § 4333. Attendance officers and home and school
9 visitors/school social workers.
10 (a) Employment.--The board of school directors of each
11 school district shall employ one or more attendance officers, or
12 home and school visitors/school social workers, to enforce the
13 compulsory attendance provisions of this title.
14 (b) Powers.--The attendance officers, or home and school
15 visitors/school social workers, shall possess all the powers and
16 duties of municipal police officers in order to enforce the
17 compulsory attendance provisions of Chapter 47 (relating to
18 students).
19 (c) Certification or training.--All home and school
20 visitors/school social workers shall be certificated in
21 accordance with Chapter 51 (relating to personnel). All
22 attendance officers shall possess adequate training for the
23 performance of their duties as detailed in job descriptions
24 established by the school district.
25 § 4334. Special police for traffic and crowd control.
26 Governing boards may enter into agreements with local
27 municipalities, private persons or corporations to provide
28 special police for the directing and controlling of traffic and
29 crowds at or near schools.
30 SUBCHAPTER E
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1 SCHOOL HEALTH SERVICES
2 Sec.
3 4341. School health services program.
4 4342. Powers and duties of Secretary of Health and Secretary
5 of Education.
6 4343. Physical and dental examinations of students.
7 4344. Immunization of children prior to admission to school.
8 4345. Objections to examination or treatment on religious
9 grounds.
10 4346. Examinations of school buildings and grounds.
11 4347. Fire drills and instruction.
12 § 4341. School health services program.
13 (a) General rule.--Each school district in this Commonwealth
14 shall provide a program of health services in accordance with
15 regulations and standards of the Secretary of Health to every
16 student enrolled in a public or nonpublic school in the school
17 district. The program shall include, but need not be limited to:
18 (1) Identification of the health needs of the school
19 district's population of compulsory school age.
20 (2) A comprehensive assessment of the health status and
21 health history of each child entering school which shall
22 include, but need not be limited to:
23 (i) A vision test by a school nurse or medical
24 technician under the supervision of a school nurse.
25 (ii) A hearing test by a school nurse or medical
26 technician under the supervision of a school nurse.
27 (iii) Anthropometry by a school nurse or medical
28 technician or teacher.
29 (iv) Assessment of immunization status.
30 (v) A medical examination by a school physician.
19810H1300B2899 - 393 -
1 (vi) A dental examination by a school dentist. This
2 requirement does not apply to school districts which have
3 instituted a program of dental hygiene services approved
4 by the Secretary of Health.
5 (3) Periodic monitoring of the health of each student
6 which shall include, but need not be limited to:
7 (i) Periodic testing and assessment as described in
8 paragraph (2)(i), (ii), (iii) and (iv).
9 (ii) At least one medical examination by a school
10 physician before the student enters the eighth grade.
11 (iii) A dental examination by a school district for
12 each student enrolled in the third grade and in the
13 seventh grade. This requirement does not apply to school
14 districts which have instituted a program of dental
15 hygiene services approved by the Secretary of Health.
16 (b) Modified programs.--Upon petition by the board of school
17 directors, the Secretary of Health may modify the school health
18 services program specified in this section in order to meet
19 local conditions in individual school districts. The modified
20 program shall provide adequate medical and dental services.
21 (c) Employment of health professionals.--To provide services
22 in the school health program, the school district shall employ
23 the necessary health personnel. The personnel shall include, but
24 need not be limited to:
25 (1) School physicians who shall be physicians as defined
26 in the act of October 5, 1978 (P.L.1109, No.261), known as
27 the "Osteopathic Medical Practice Act", and the act of July
28 20, 1974 (P.L.551, No.190), known as the "Medical Practice
29 Act of 1974."
30 (2) School nurses properly certificated under Chapter 51
19810H1300B2899 - 394 -
1 (relating to personnel). The number of students under the
2 care of each school nurse shall not exceed 1,500.
3 (3) To carry out the requirements of subsection
4 (a)(3)(iii), a school dentist or one or more dental
5 hygienists.
6 (D) ADMINISTRATION OF MEDICINAL PREPARATIONS.--EACH SCHOOL <--
7 DISTRICT WITH THE ADVICE OF THE SCHOOL OR DISTRICT PHYSICIAN MAY
8 ESTABLISH SPECIFIC POLICY AND REGULATIONS CONCERNING THE
9 ADMINISTRATION OF MEDICINAL PREPARATIONS BY A SCHOOL NURSE OR,
10 IN THE ABSENCE OF SUCH NURSE, BY THE PRINCIPAL OR THE DESIGNATED
11 PROFESSIONAL BUILDING SUPERVISOR AND SHALL SUBMIT THE SPECIAL
12 POLICY AND REGULATIONS TO THE DEPARTMENT OF HEALTH FOR APPROVAL
13 AND SUBJECT TO THE FOLLOWING CONDITIONS:
14 (1) PHYSICIAN'S ORDERS FOR MEDICINAL PREPARATIONS TO BE
15 ADMINISTERED SHALL SPECIFY IN WRITING THE DURATION OF THE
16 ORDER, NAME OF THE DRUG AND THE DOSE AND SHALL BE RENEWED
17 EACH SCHOOL YEAR.
18 (2) EACH SCHOOL WHEREIN ANY MEDICINAL PREPARATIONS ARE
19 ADMINISTERED SHALL KEEP A BOUND BOOK WITH CONSECUTIVELY
20 NUMBERED PAGES IN WHICH SHALL BE RECORDED IN INK THE
21 ADMINISTRATION OF MEDICINAL PREPARATIONS IN EACH CASE
22 SHOWING:
23 (I) THE DATE AND TIME OF ADMINISTRATION.
24 (II) THE NAME OF THE STUDENT TO WHOM MEDICINAL
25 PREPARATION WAS ADMINISTERED.
26 (III) THE KIND AND QUANTITY OF MEDICINAL
27 PREPARATION.
28 (IV) THE NAME OF THE PRESCRIBING PHYSICIAN.
29 (V) THE SIGNATURE OF THE NURSE, PRINCIPAL OR THE
30 DESIGNATED PROFESSIONAL BUILDING SUPERVISOR OF THE SCHOOL
19810H1300B2899 - 395 -
1 ADMINISTERING THE MEDICINAL PREPARATION.
2 (3) TRANSACTIONS SO RECORDED SHALL NOT BE ALTERED.
3 (4) THE BOOK SHALL CONSTITUTE A RECORD WHICH SHALL BE
4 MADE AVAILABLE TO DEPARTMENT OF HEALTH REPRESENTATIVES AND
5 EACH RECORD SHALL BE KEPT IN A DESIGNATED PLACE FOR A PERIOD
6 OF TWO YEARS FROM THE DATE OF THE LAST TRANSACTION RECORDED
7 IN THE BOOK.
8 (5) THE SPECIFIC WRITTEN ORDER OF THE PHYSICIAN AND THE
9 WRITTEN AUTHORIZATION OF A PARENT OR GUARDIAN SHALL BE FILED
10 WITH THE STUDENT'S CUMULATIVE HEALTH RECORD AND KEPT AT LEAST
11 TWO YEARS AND, ACCORDING TO LOCAL POLICY, ALL WRITTEN
12 AUTHORIZATIONS SHALL BE RENEWED EACH SCHOOL YEAR.
13 (6) THE LOCAL REGULATIONS SHALL INCLUDE A PLAN UNDER
14 DIRECTION OF THE DISTRICT PHYSICIAN FOR ENABLING PERSONS
15 ADMINISTERING MEDICINAL PREPARATIONS TO ACQUIRE ADEQUATE
16 KNOWLEDGE AND SKILL TO SAFELY ADMINISTER THE PREPARATIONS.
17 (7) NOT MORE THAN ONE MONTH'S SUPPLY OF A PRESCRIBED
18 MEDICATION SHALL BE STORED IN A SCHOOL. THE PRESCRIBED
19 MEDICINAL PREPARATIONS SHALL BE STORED IN A DESIGNATED PLACE
20 SECURELY LOCKED AT ALL TIMES.
21 (E) DEFINITION.--AS USED IN THIS SECTION THE TERM "MEDICINAL
22 PREPARATIONS" MEANS AND INCLUDES ONLY THOSE PREPARATIONS WHICH
23 MUST BE ADMINISTERED PURSUANT TO THE WRITTEN ORDER OF A
24 PHYSICIAN DURING HOURS THAT SCHOOL IS IN SESSION.
25 § 4342. Powers and duties of Secretary of Health and
26 Secretary of Education.
27 (a) Secretary of Health.--The Secretary of Health shall:
28 (1) Prescribe the technical content of the medical,
29 dental, nursing and sanitary portions of school health
30 programs.
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1 (2) Approve all appointments of school physicians and
2 school dentists, prescribe their duties and formulate and
3 prescribe standards for medical technicians and sanitary
4 officers for employment in the school health program.
5 (3) Suggest or recommend to the State board standards of
6 qualification for school nurses and dental hygienists for
7 employment by a school district or joint school board in the
8 school health services program and advise school
9 administrators on matters connected with carrying out the
10 school health program.
11 (b) Secretary of Education.--The Secretary of Education
12 shall:
13 (1) Administer and supervise the educational and
14 teaching aspects of the health services programs.
15 (2) Approve certification of school nurses and dental
16 hygienists for employment by a school district or joint
17 school board and administer and direct their services and
18 program. The services of school nurses and dental hygienists
19 shall be utilized exclusively in connection with medical and
20 dental examinations and associated health activities.
21 (3) Advise the Secretary of Health and school physicians
22 and school dentists on matters pertaining to the educational
23 impact of the school health services program.
24 (c) Secretary of Health and Secretary of Education.--The
25 Secretary of Health and the Secretary of Education, after
26 consultation, shall:
27 (1) Adopt such records and report forms as will
28 facilitate the efficient operation, administration and
29 comprehensive evaluation of the school health program.
30 (2) Adopt and enforce rules and regulations for the
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1 school health program not inconsistent with the provisions of
2 this part.
3 § 4343. Physical and dental examinations of students.
4 (a) Place and scope of examination.--The school physician
5 and school dentist shall conduct medical, dental and other
6 examinations in rooms in any appropriate and convenient facility
7 set aside for this special purpose, and equipped with adequate
8 facilities and with such other accessories as may be required by
9 the Department of Health for the thorough examination of
10 students. The school physicians shall require the removal of
11 sufficient clothing to insure complete examination.
12 (b) Presence of parents.--Parents of minor students shall be
13 advised in advance of the date of examination and urged to be
14 present. Medical examinations shall be made in the presence of
15 the parent of the student when so requested by the parent.
16 (c) Report of examinations to parents.--The Secretary of
17 Health shall, through the promulgation of appropriate rules and
18 regulations, insure that parents receive reports of physical and
19 dental examinations, including recommendations for medical,
20 surgical or dental care, but the reports shall not be forwarded
21 in cases described by the act of February 13, 1970 (P.L.19,
22 No.10), relating to consent by minors to medical, dental and
23 health services. In cases where such care is needed and parents
24 are unable to provide it, the school district shall contact the
25 appropriate agency to insure that the care is provided.
26 (d) Examinations by own practitioner.--Any student may
27 furnish the local school officials with a VISION, medical or <--
28 dental report of examination made at his own expense by the
29 FAMILY OPTOMETRIST OR OPHTHALMOLOGIST, family physician or <--
30 family dentist on a form approved by the Secretary of Health for
19810H1300B2899 - 398 -
1 that purpose.
2 (e) Special medical and dental examinations.--All teachers
3 shall report to the school nurse, school physician or school
4 dentist any unusual behavior, changes in physical appearance,
5 changes in attendance habits and changes in scholastic
6 achievement which may indicate impairment of a child's health.
7 The nurse or school physician or school dentist may, upon
8 referral from the teacher or on his own initiative, advise a
9 child's parent of the apparent need for a special OPTOMETRIC, <--
10 medical or dental examination. If a parent fails to report the
11 results to the nurse, school physician or school dentist, the
12 nurse, school physician or school dentist shall arrange a
13 special OPTOMETRIC, medical or dental examination for the child. <--
14 § 4344. Immunization of children prior to admission to school.
15 (a) General rule.--It shall be the duty of all school
16 directors, superintendents, principals or other persons in
17 charge of any public, private, parochial or other school,
18 including kindergarten, to ascertain that every child, prior to
19 admission to school for the first time, has been immunized, as
20 the Secretary of Health may direct, against such diseases as
21 shall appear on a list to be made and from time to time reviewed
22 by the Advisory Health Board. All certificates of immunization
23 shall be issued in accordance with the rules and regulations
24 promulgated by the Secretary of Health with the sanction and
25 advice of the Advisory Health Board.
26 (b) Penalty for violation.--Any person who shall fail,
27 neglect or refuse to comply with, or who shall violate, any of
28 the provisions or requirements of this section commits a summary
29 offense and shall, upon conviction thereof, be sentenced to pay
30 a fine of not less than $5 nor more than $100. All fines shall
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1 be paid into the treasury of the school district.
2 (c) Exceptions.--The provisions of this section shall not
3 apply in the case of any child:
4 (1) Deemed to have a medical contraindication which may
5 contraindicate immunization and so certified by a physician.
6 The certificate may be accepted in lieu of a certificate of
7 immunization.
8 (2) Whose parent or guardian objects in writing to the
9 immunization on religious grounds.
10 § 4345. Objections to examination or treatment on religious
11 grounds.
12 (a) General rule.--No person may be compelled to submit to
13 any medical or dental examination or treatment under the
14 authority of this title when the person, or the parent of the
15 person if a minor, objects to the examination or treatment on
16 religious grounds, or to permit any discrimination against any
17 person on account of such objections.
18 (b) Exception.--The exemption from medical or dental
19 examination under subsection (a) shall not apply if the
20 Secretary of Health finds that facts exist under which the
21 exemption constitutes a present substantial menace to the health
22 of other persons exposed to contact with the unexamined person.
23 § 4346. Examinations of school buildings and grounds.
24 The Department of Health shall employ inspectors or request
25 local health authorities to assign inspectors to make a careful
26 examination of the sanitary conditions of school buildings and
27 grounds in accordance with rules and regulations of the
28 Department of Health.
29 § 4347. Fire drills and instruction.
30 (a) General rule.--In all public schools where fire escapes,
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1 appliances for the extinguishment of fires, or proper and
2 sufficient exits in case of fire or panic, are required by law
3 to be maintained, fire drills shall be conducted at least once a
4 month by the teacher or teachers in charge under rules and
5 regulations promulgated by the district superintendent as
6 approved by the board of school directors. During the fire
7 drills, the students and teachers shall be instructed in, and
8 made thoroughly familiar with, the use of the fire escapes,
9 appliances and exits. The drills shall include the actual use
10 thereof, and the complete removal of the students and teachers
11 in an expeditious and orderly manner, by means of fire escapes
12 and exits, from the building to a place of safety outside of the
13 building.
14 (b) Emergency bus evacuation.--All schools using or
15 contracting for school buses for the transportation of school
16 children shall conduct on school grounds two emergency
17 evacuation drills on buses during each school year, the first to
18 be conducted during the first full week of the first school term
19 and the second during the month of March, and at such other
20 times as the chief school administrator may require. Each drill
21 shall include the practice and instruction concerning the
22 location, use and operation of emergency exit doors and fire
23 extinguishers and the proper evacuation of buses in the event of
24 fires or accidents. Bus operators shall be provided with proper
25 training and instruction and may be required to attend classes
26 and drills to enable them to carry out the provisions of this
27 subsection. On or before April 10 of each year, each district
28 superintendent shall certify to the department that the
29 emergency evacuation drills required under this subsection have
30 been conducted.
19810H1300B2899 - 401 -
1 (c) Duty of superintendents.--District superintendents shall
2 enforce the provisions of this section in the schools over which
3 they have charge.
4 (d) Penalty.--Any person who violates or fails to comply
5 with the provisions of this section commits a summary offense.
6 SUBCHAPTER F
7 TRANSPORTATION
8 Sec.
9 4351. Transportation of resident students.
10 4352. Transportation facilities and liability insurance.
11 4353. Appropriations to mass transportation authorities.
12 4354. Computation of distances for transportation purposes.
13 4355. Compensation in excess of transportation contract.
14 4356. Transportation or board and lodging for exceptional
15 students.
16 4357. Board and lodging for vocational-technical students.
17 § 4351. Transportation of resident students.
18 (a) Authority of school board.--The board of school
19 directors in any school district may, out of the funds of the
20 school district, provide for the free transportation of any
21 resident student to and from the kindergarten, elementary or
22 secondary school in which he is lawfully enrolled provided the
23 school is not operated for profit and is located within the
24 district boundaries or outside the district boundaries at a
25 distance not exceeding ten miles by the nearest public highway
26 except that the ten-mile limit shall not extend across State <--
27 boundaries nor shall the ten-mile limit apply to area EXCEPT <--
28 THAT THE TEN-MILE LIMIT SHALL NOT APPLY TO AREA vocational-
29 technical schools which regularly serve eligible district
30 students or to special schools and classes approved by the
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1 department and to and from any points within or without this
2 Commonwealth to provide field trips for any purpose connected
3 with the educational pursuits of the students.
4 (b) Identical provisions for nonpublic schools.--When
5 provision is made by a governing board for the transportation of
6 resident school students to and from public schools or to and
7 from any points within or without this Commonwealth in order to
8 provide field trips, the governing board shall make identical
9 provisions for resident school students attending nonpublic
10 schools. Transportation of students attending nonpublic schools
11 shall be provided during regular school hours on such dates and
12 periods that the eligible nonpublic school is in regular
13 session, according to the official school calendar of the
14 school. Whenever a lockout or a strike or other work stoppage by
15 professional employees occurs in a school district,
16 transportation shall be offered for resident school students
17 attending nonpublic schools.
18 (c) Transportation required by law.--The governing board
19 shall provide transportation whenever required by any of the
20 provisions of this title or of any other statute.
21 § 4352. Transportation facilities and liability insurance.
22 (a) Authorized conveyances.--The free transportation of
23 students, as required or authorized by this title or any other
24 statute, may be furnished by using school conveyances, private
25 conveyances, electric railways or other common carriers.
26 (b) Duty to walk to bus stop.--If free transportation is
27 provided, the board of school directors may require a student to
28 walk up to one and one-half miles along a public highway to a
29 bus stop when stations or shelters are provided for the use of
30 the students where needed or other proper measures are taken for
19810H1300B2899 - 403 -
1 the protection of the students, but no student shall be required
2 to walk if the Department of Transportation certifies that the
3 public highway constitutes a hazard to the safety of the
4 student. The Department of Transportation shall take into
5 account the presence of sidewalks along the highway, but the
6 presence or lack of sidewalks shall not be controlling, and the
7 Department of Transportation shall consider all relevant safety
8 factors in making its determination as to whether or not walking
9 constitutes a hazard to students.
10 (c) Public liability insurance.--All motor vehicles
11 transporting students shall be covered by public liability
12 insurance in amounts prescribed by the board of school
13 directors.
14 § 4353. Appropriations to mass transportation authorities.
15 (a) General rule.--The board of school directors in any
16 school district may, if the board deems it in the best interest
17 of the school district, for the purposes of transporting
18 students as required or authorized by this title or by any other
19 statute, appropriate funds for urban common carrier mass
20 transportation from current revenues to mass transportation
21 authorities to meet costs of operation, maintenance, capital
22 improvements and debt service.
23 (b) Ineligibility for reimbursement.--Appropriations made by
24 school districts under subsection (a) shall not be subject to
25 reimbursement by the Commonwealth.
26 § 4354. Computation of distances for transportation purposes.
27 All distances for the purpose of student transportation shall
28 be computed by way of the public highway from the nearest point
29 where a private way or private road connects the dwelling house
30 of the student with the highway to the nearest point where the
19810H1300B2899 - 404 -
1 highway touches the school grounds of the school in which the
2 student has been lawfully enrolled. No allowance shall be made
3 for the distance that the dwelling house of the student is
4 situated off the public highway.
5 § 4355. Compensation in excess of transportation contract.
6 No driver or owner of a vehicle transporting students
7 entitled to free transportation under contract with a school
8 district shall demand, request or accept any extra compensation
9 for the transportation other than that stipulated in a contract
10 executed on a form approved by the department.
11 § 4356. Transportation or board and lodging for exceptional
12 students.
13 Any exceptional student who is regularly enrolled in a
14 special school or class that is approved by the department or
15 who is enrolled in a regular school or class in which approved
16 educational provisions are made for the student, may be
17 furnished with free daily transportation by the school district.
18 The board of school directors may, in lieu thereof, pay for
19 suitable board and lodging for the student. If free
20 transportation or board and lodging is not provided for any
21 exceptional student, the intermediate unit shall provide free
22 transportation if, without such transportation, the student
23 would be unable to attend the class or center to which he is
24 assigned.
25 § 4357. Board and lodging for vocational-technical students.
26 The governing board of any area vocational-technical school
27 may pay for approved suitable board and lodging for any student
28 when the governing board determines it is not feasible to
29 provide free daily transportation for the student.
30 SUBPART E
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1 STUDENTS
2 Chapter
3 47. Students
4 CHAPTER 47
5 STUDENTS
6 Subchapter
7 A. Admission and Assignment
8 B. Compulsory Attendance
9 C. Student Affairs
10 SUBCHAPTER A
11 ADMISSION AND ASSIGNMENT
12 Sec.
13 4701. Right to free public education.
14 4702. Admission of students under six years of age.
15 4703. Students residing in children's institutions.
16 4704. Nonresident student placed in home of resident.
17 4705. Permitting attendance of other nonresident students.
18 4706. Assignment of students to schools.
19 4707. Reassignment of students in closed schools.
20 4708. Attendance outside district when transportation not
21 furnished.
22 § 4701. Right to free public education.
23 (a) Resident students.--Every resident of a school district
24 who is between the ages of 5 and 21 shall have a right to attend
25 the public schools of that district, without charge, subject to
26 the provisions of this title. A child residing on a Federal
27 installation shall be counted as a resident student of the
28 school district or districts in which the installation is
29 situated. A child shall be considered a resident of the school
30 district in which his parents reside or the guardian of his
19810H1300B2899 - 406 -
1 person resides unless his residency is determined to be
2 elsewhere in accordance with law. For purposes of this section,
3 a resident who has reached the age of five by September 30 of
4 the school term shall be considered to be five years of age.
5 (b) Students supported by residents.--When a resident of a
6 school district supports a child, not his own, in the resident's
7 home and at the resident's expense, the child shall be entitled
8 to all free public education accorded to resident school
9 children of the district and shall be subject to all the
10 requirements placed upon resident school children of the
11 district. Before accepting the child as a student, the board of
12 school directors of the district may require the resident to
13 file with the secretary of the board an affidavit and such proof
14 as may be reasonably required of:
15 (1) Residency.
16 (2) Support of the child gratis.
17 (3) Assumption of all personal obligations for the child
18 relative to school requirements.
19 (4) Intention to so keep and support the child
20 continuously and not merely through the school term.
21 (c) Temporary resident students.--The board of school
22 directors of any school district may admit to the schools of the
23 district, with or without the payment of tuition, any
24 nonresident child temporarily residing in the district and may
25 require the attendance of the nonresident child in the same
26 manner and on the same conditions as it requires the attendance
27 of a resident child.
28 (d) Shared time.--No student shall be refused admission to
29 the courses in the public schools by reason of the fact that his
30 basic education is being or has been received in a school other
19810H1300B2899 - 407 -
1 than a public school.
2 (e) Application of section.--The provisions of this section
3 shall not apply to persons who hold a diploma from a public
4 school issued pursuant to section 3713 (relating to diplomas for
5 completing courses of instruction) or its equivalent.
6 § 4702. Admission of students under six years of age.
7 (a) Kindergarten.--Children between the ages of four and six
8 years may be admitted to kindergarten at the discretion of the
9 school district. Any school district which, prior to the
10 effective date of this section, admitted children at age three
11 years seven months by September 30 to kindergarten may continue
12 to admit children of that age to kindergarten. Attendance in
13 kindergarten shall not be compulsory nor a prerequisite for
14 admission to the first grade.
15 (b) Other grades or classes.--For the 1982-1983 school year, <--
16 children who have reached the age of six years by November 30
17 shall be admitted to the first grade. For each year thereafter,
18 children
19 (B) FIRST GRADE.--CHILDREN who will have reached the age of <--
20 six years by September 30 JANUARY 1 shall be admitted to the <--
21 first grade. Children who will not have reached the age of six <--
22 by September 30 may be admitted to the lowest grade of the
23 primary school or the lowest primary class above the
24 kindergarten level in accordance with regulations promulgated by
25 the State board.
26 (c) Time of admission.--Admission of students under this
27 section may be confined to the first two weeks of the school
28 term.
29 § 4703. Students residing in children's institutions.
30 (a) General rule.--Any student who is a resident of this
19810H1300B2899 - 408 -
1 Commonwealth and who resides in a children's institution shall
2 have the right to attend the public schools and classes within
3 the district where the institution is located, on a tuition or
4 nontuition basis, unless an alternative placement is approved by
5 the department or such child is placed in a private residential
6 rehabilitative institution, as defined in section 2718(11)(iii)
7 (relating to powers and duties of board), pursuant to a
8 procedure or proceeding under Chapter 63 of Title 42 (relating
9 to juvenile matters). Such education may be offered in public
10 school classes either on or off the grounds of the institution
11 or through the purchase of instructional services from a private
12 agency.
13 (b) Payment of tuition.--The payment of tuition for students
14 under this section shall be as follows:
15 (1) Students who are residents of the school district in
16 which the institution is located shall not be charged
17 tuition.
18 (2) The Commonwealth shall advance the tuition for the
19 school year 1982-1983 for students who are residents of this
20 Commonwealth and who have not previously been enrolled in
21 classes of the district in which the institution is located.
22 If the district of residence can be determined, that district
23 shall be charged for tuition. If the district of residence
24 cannot be determined, the Commonwealth shall bear the entire
25 tuition and transportation cost.
26 (3) The institution shall pay the tuition and
27 transportation for students who have been received from
28 outside of this Commonwealth and who have been accepted into
29 a public school program of education. The tuition shall be
30 the average cost of instruction for the program in which the
19810H1300B2899 - 409 -
1 out-of-state student is enrolled. Enrollment of any out-of-
2 state student in a school district or intermediate unit
3 program shall be conditioned upon a guarantee, or actual
4 advance receipt, of tuition and transportation payment from
5 the institution, from the student's home state or out-of-
6 state school district, or from the out-of-state party or
7 agency which placed the student in the institution.
8 (c) Identification of students.--The department shall
9 establish such forms and procedures as are necessary to identify
10 the children and to determine their residency.
11 (d) Transportation of students.--Transportation to school
12 shall be provided for all students who reside in a children's
13 institution on the same basis as is provided for other residents
14 of the school district.
15 (e) Alternative placement.--If the school district in which
16 the institution is located cannot accommodate some or all of the
17 institutionalized children in its classes or schools during the
18 school term, the board of directors of the district should
19 notify the intermediate unit in which the institution is located
20 and the department. If the department, after investigation,
21 finds that the district cannot accommodate such children, the
22 department shall direct the intermediate unit to educate and,
23 where necessary, transport such children.
24 § 4704. Nonresident student placed in home of resident.
25 (a) General rule.--Any nonresident student placed in the
26 home of a resident of a school district by order of the court or
27 by official arrangement with any agency or institution having
28 responsibility for the care of neglected children shall have the
29 same right to a free public education as does a resident
30 student. Before the placement has been finalized, the court,
19810H1300B2899 - 410 -
1 agency or institution shall notify the superintendent of the
2 district of its intention and allow 15 calendar days for the
3 superintendent to object. If no objection is received, the
4 placement shall become final. If an objection is made, the
5 court, agency or institution shall consider the objections and
6 make whatever order it deems appropriate and just.
7 (b) Payment of tuition.--The payment of tuition for students
8 under this section shall be as follows:
9 (1) The Commonwealth shall advance the tuition for
10 students who are residents of this Commonwealth. If the
11 district of residence can be determined, that district shall
12 be charged for the tuition and the tuition deducted from the
13 annual reimbursement due to that district. If the district of
14 residence cannot be determined, the Commonwealth shall bear
15 the entire cost.
16 (2) The tuition for students who have been received from
17 outside this Commonwealth shall be the average cost of
18 instruction for the program in which the out-of-state student
19 is enrolled. The court, agency or institution placing the
20 student shall pay the tuition. No out-of-state student placed
21 in the home of a resident of the school district shall be
22 admitted to the public schools of the school district until
23 the court, agency or institution placing the student
24 guarantees the payment of tuition to the school district.
25 (c) Forms for identification of students.--The department
26 shall establish such forms as are necessary to identify the
27 children and to determine their residency.
28 § 4705. Permitting attendance of other nonresident students.
29 The board of school directors of any school district may
30 permit any nonresident student not otherwise provided for in
19810H1300B2899 - 411 -
1 this chapter to attend the public schools in its district upon
2 such terms as it may determine, subject to the provisions of
3 this title.
4 § 4706. Assignment of students to schools.
5 (a) District schools.--The board of school directors of
6 every school district shall assign students to any public school
7 in the district.
8 (b) Schools in other districts.--The board of school
9 directors of any district may, upon cause shown and with the
10 consent of the student's parent, assign any student to attend
11 the schools of another district including one in a neighboring
12 state, with the consent of the governing board of that district,
13 and pay such tuition as is required by that board.
14 (c) Contracting for instructional services.--The board of
15 school directors, notwithstanding anything to the contrary
16 stated in this title, may in its discretion purchase
17 instructional services for children referred, pursuant to
18 proceeding under Chapter 63 of Title 42 (relating to juvenile
19 matters), to a private children and youth agency which operates
20 a day treatment program under approval from the Department of
21 Public Welfare. Before the board of school directors purchases
22 educational service for a specific child, it must be documented
23 that the child cannot receive appropriate educational services
24 in a normal classroom setting because of behavioral or emotional
25 reasons.
26 (d) Payment for instructional services.--The payment of
27 instructional services provided in subsection (c) shall be the
28 actual cost, not to exceed the tuition charges of the school
29 district of the child. The cost shall be borne by the school
30 district of the child's residence. If the school district of
19810H1300B2899 - 412 -
1 residence of the child cannot be determined, the costs shall be
2 borne by the Department of Education. The school district shall
3 be responsible only for those costs necessary to the provision
4 of basic instructional services, excluding transportation and
5 similar costs. The department shall effectuate necessary
6 procedures for the transfer of funds from the sending school
7 district to the purchasing school district. In effectuating the
8 transfer of funds, the department may deduct the appropriate
9 amount from the basic instructional subsidy of any school
10 district which had resident students who were provided
11 instructional services by an approved children and youth agency.
12 § 4707. Reassignment of students in closed schools.
13 The governing board of any school entity may close any one or
14 more of the public schools in its district for a low number of
15 students in attendance or for better gradation and
16 classification or for other good reasons. Upon the school or
17 schools being closed, the students who attend the school shall
18 be assigned to other schools, or upon cause shown, be permitted
19 to attend schools in other districts.
20 § 4708. Attendance outside district when transportation not
21 furnished.
22 (a) General rule.--Students not receiving proper free
23 transporation from their school district of residence may attend
24 a public school of more convenient access in another school
25 district or in another state under the following conditions:
26 (1) If the student is an elementary student:
27 (i) He must reside one and one-half miles or more by
28 the public road from the nearest public elementary school
29 in the district.
30 (ii) He must obtain the consent of the governing
19810H1300B2899 - 413 -
1 board of the neighboring school district.
2 (iii) In the case of attendance in another state, he
3 must obtain the consent of the governing board of the
4 school district of residence.
5 (2) If the student is a secondary school student:
6 (i) He must reside three miles or more by the public
7 road from the nearest public secondary school in the
8 district.
9 (ii) He must obtain the consent of the governing
10 board of the neighboring school district.
11 (iii) In the case of attendance in another state, he
12 must obtain the consent of the governing board of the
13 school district of residence.
14 (b) Payment of tuition.--In all cases where the conditions
15 in subsection (a) have been met, the school district of
16 residence shall promptly pay to the receiving school district
17 the tuition charge provided by this title.
18 SUBCHAPTER B
19 COMPULSORY ATTENDANCE
20 Sec.
21 4721. Attendance required of school age children.
22 4722. Modified programs to meet compulsory attendance
23 requirements.
24 4723. Parental responsibility for attendance of child.
25 4724. Attendance of migrant children.
26 4725. Periodic census of school children in district.
27 4726. Use of information obtained from census.
28 4727. Reports of enrollments, attendance and withdrawals.
29 4728. Excused absence of student from school.
30 4729. Illegal absence of student from school.
19810H1300B2899 - 414 -
1 4730. Penalties for violations of subchapter.
2 4731. Exemptions from compulsory attendance requirements.
3 § 4721. Attendance required of school age children.
4 (a) General rule.--Every child from the age of 8 years until
5 the age of 17 years having a residence in this Commonwealth is
6 required to attend a public or nonpublic school in which the
7 programs mandated by this title are offered.
8 (b) Application of section.--The provisions of this section
9 shall not apply to any person who holds a diploma from a public
10 school issued pursuant to section 3713 (relating to diplomas for
11 completing courses of instruction) or its equivalent.
12 § 4722. Modified programs to meet compulsory attendance
13 requirements.
14 (a) Enrollment in business or trade school.--In lieu of the
15 school attendance required in section 4721 (relating to
16 attendance required of school age children) any student with the
17 approval of the district superintendent of schools may enroll as
18 a student in a private trade school or in a private business
19 school licensed by the appropriate authority or in a trade,
20 business or other school operated by a local governing board.
21 The modified program shall be in accordance with applicable
22 regulations of the State board and standards of the department.
23 (b) Other modified programs.--In addition to the program
24 described in subsection (a), the State board may adopt
25 regulations providing for similar modified programs of
26 educational value for other students. The programs shall be
27 properly supervised and may be substituted for the normal school
28 attendance required in section 4721. The programs may be
29 instituted or recommended by the superintendent, with the
30 approval of the local board of school directors, or by a
19810H1300B2899 - 415 -
1 nonpublic school, in accordance with applicable regulations of
2 the State board and standards of the department.
3 (c) Tutoring by certificated PROPERLY QUALIFIED personnel.-- <--
4 Regular daily instruction for the time required by section 3721
5 (relating to establishment of school calendar) by a certificated <--
6 PROPERLY QUALIFIED person shall be considered as complying with <--
7 the provisions of this section.
8 § 4723. Parental responsibility for attendance of child.
9 Every parent having a residence in this Commonwealth and
10 having control or charge of any child of compulsory school age
11 is required to see to it that the child attends a school in
12 which the programs provided for in section 4721 (relating to
13 attendance required of school age children) or 4722 (relating to
14 modified programs to meet compulsory attendance requirements)
15 are offered.
16 § 4724. Attendance of migrant children.
17 Any child of compulsory school age whose parent is not a
18 resident of a school district but is engaged in seasonal
19 employment in the school district, shall attend the schools of
20 the district during the period such child is located in the
21 district when its schools are in session. The cost of the
22 child's education shall be borne exactly as if he were a
23 resident of the district.
24 § 4725. Periodic census of school children in district.
25 (a) General rule.--The board of school directors of each
26 school district shall maintain a continuing school census or
27 shall make an annual enumeration between March and September of
28 all children from birth to 18 years of age residing in the
29 district except children holding a diploma from a public school
30 issued pursuant to section 3713 (relating to diplomas for
19810H1300B2899 - 416 -
1 completing courses of instruction) or its equivalent.
2 (b) Information to be obtained.--The enumeration shall
3 contain the full name of each child, date of birth, age, sex,
4 place of residence in the school district, name and address of
5 parent, the name and location of the school where the child is
6 enrolled or has been assigned and the name and address of the
7 employer of any child under 18 years of age who is engaged in
8 any regular employment or service during the hours the public
9 schools are in session.
10 (c) Accuracy of census.--The census or enumeration shall be
11 compiled in such a manner as to insure its accuracy and utility.
12 Names shall be added to or deleted from the census or
13 enumeration, as required, to keep it as accurate and as current
14 as possible.
15 § 4726. Use of information obtained from census.
16 The information compiled in accordance with section 4725
17 (relating to periodic census of school children in district)
18 shall be used for the following purposes:
19 (1) Assignment of students to the public schools.
20 (2) Comparison with reports of enrollment received in
21 accordance with section 4727 (relating to reports of
22 enrollments, attendance and withdrawals) so as to assure that
23 all children subject to compulsory attendance under this
24 title are properly enrolled and are attending school and so
25 as to take the appropriate enforcement action where
26 necessary.
27 (3) Providing the department with such information or
28 reports as the department shall require concerning the
29 enforcement of the compulsory attendance provisions of this
30 title.
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1 § 4727. Reports of enrollments, attendance and withdrawals.
2 (a) General rule.--Every district superintendent or his
3 designee shall receive from each school and institution in the
4 district the following reports:
5 (1) A complete listing of all students enrolled in the
6 schools and the address of parents of the students.
7 (2) The names of all children assigned to the schools
8 who have not reported for enrollment.
9 (3) Upon withdrawal of students, the name and date of
10 withdrawal.
11 (4) Upon absence of students without excuse for five
12 school days or their equivalent during any school year, the
13 names of the students together with the facts concerning
14 their absence.
15 (b) Forms for reports.--The department may prescribe such
16 forms as may be necessary to carry out the provisions of this
17 section.
18 § 4728. Excused absence of student from school.
19 (a) General rule.--The chief executive officer of each
20 school entity may excuse a student temporarily from school
21 attendance upon the showing that the student is unable to attend
22 school on account of any medical, mental, physical or other good
23 and sufficient reasons such as educational trips or travel with
24 parents, in accordance with rules and regulations of the
25 governing board and of the State board.
26 (b) Weekly religious instruction.--The chief executive
27 officer of each school entity may, upon request, excuse students
28 from school for not more than one hour a week in order to attend
29 classes for religious instruction in accordance with regulations
30 of the governing board.
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1 (c) Release of students for religious instruction.--The
2 chief executive officer of each school district shall, upon the
3 written request of a parent or other person in loco parentis,
4 excuse any student who is the child of the parent or person in
5 loco parentis from school attendance for a total period of five
6 days per school year in order to attend classes for religious
7 instruction or religious exercises or functions. The request
8 shall identify and describe the instruction, exercise or
9 function and the dates and hours for which the absences are
10 requested and that the parent or person in loco parentis shall,
11 following each absence, furnish in writing to the chief
12 executive officer of the school district a statement attesting
13 that the child did in fact attend the instruction, exercise and
14 function and the dates and hours upon which the attendance took
15 place.
16 § 4729. Illegal absence of student from school.
17 (a) Definition.--As used in this section "illegal absence"
18 means nonattendance of a student of compulsory school age
19 without an acceptable excuse as defined in section 4728
20 (relating to excused absence of student from school).
21 (b) Notice to parents.--At the time when a student
22 accumulates five days of illegal absence in any school year, it
23 shall be the responsibility of the district superintendent to
24 provide the parents of the student with a written notification
25 of the illegal absences.
26 (c) Enforcement proceedings.--In cases where the absences
27 persist, the district superintendent shall notify the persons
28 responsible for student personnel services and the attendance
29 officers who shall proceed against the parents in accordance
30 with the provisions of this chapter and Chapter 63 of Title 42
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1 (relating to juvenile matters). The district attorney of the
2 county in which the student resides or the school solicitor
3 shall provide assistance in prosecution of such cases where
4 requested. Action against the parents for continuing violations
5 of this chapter may be initiated at any time during the school
6 year in which the initial notice was served without the need to
7 provide further notice.
8 (d) Absences.--When a student has accumulated 20 absences <--
9 during a school year, any further absences shall require a
10 written excuse from a physician citing medical reasons for the
11 absence. In lieu of a physician's written excuse, the student
12 shall be considered ineligible for promotion to the next higher
13 grade level. Absences above 20 during the senior year, unless
14 justified by a physician's written excuse, may be considered
15 cause for denial of graduation and diploma.
16 (e) (D) Nonresident students.--In all cases where the <--
17 student does not reside in the district where he is attending
18 school, the notices shall be forwarded to the district of
19 residence for appropriate action.
20 § 4730. Penalties for violations of subchapter.
21 (a) Administrators.--Any person charged with responsibility
22 for administration and enforcement of the provisions of this
23 title regarding compulsory attendance who is found to have
24 willfully refused or neglected to comply with the provisions of
25 this subchapter commits a summary offense and shall, upon
26 conviction thereof, be sentenced to pay a fine not exceeding
27 $50. The fine shall be payable to the school district with which
28 the offender is affiliated.
29 (b) Parents.--Any parent having control of any child of
30 compulsory school age who has been found to willfully fail to
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1 comply with the provisions of this subchapter commits a summary
2 offense and shall, upon conviction thereof, be sentenced to pay
3 a fine not exceeding $50. The fine shall be payable to the
4 school district in which the offender resides.
5 § 4731. Exemptions from compulsory attendance requirements.
6 The provisions of this subchapter requiring regular
7 attendance shall not apply to any student who:
8 (1) Has attained the age of 16 years and who is
9 regularly engaged in any useful and lawful employment or
10 service during the time the public schools are in session,
11 and who holds an employment certificate issued according to
12 law.
13 (2) Has been determined by the board of school
14 directors, with the approval of the department after a
15 finding by an approved clinic or public school psychologist
16 or psychological examiner, to be unable to take part in a
17 program of education and training, whether in the home or in
18 the school, without jeopardy, and at the election of the
19 parent is withdrawn from attendance.
20 (3) Has attained the age of 14 years and is engaged in
21 farm work or domestic service in a private home on a permit
22 issued by the board of school directors and who has
23 satisfactorily completed, either in public or private
24 schools, the equivalent of the highest grade of the
25 elementary school organization prevailing in the public
26 schools of the district of residence, if the issuance of the
27 permit has first been recommended by the superintendent of
28 schools having supervision of the schools of the district
29 where the child resides or by the principal of the private
30 school where the child is enrolled, in accordance with
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1 regulations of the State board.
2 SUBCHAPTER C
3 STUDENT AFFAIRS
4 Sec.
5 4741. Exercise of control over students and corporal
6 punishment.
7 4742. Suspension of students for misconduct.
8 4743. Expulsion of students for misconduct.
9 4744. Governing board empowered to issue subpoenas.
10 4745. Proceedings against delinquent students.
11 4746. Employment of minors.
12 4747. Confidentiality of student records and communications.
13 § 4741. Exercise of control over students and corporal
14 punishment.
15 (a) General rule.--Every teacher and school administrator in
16 a school entity shall have the right to exercise the same
17 authority as to conduct and behavior of the students attending
18 the schools of that school entity during the time students are
19 in attendance, including the time required in going to and from
20 their homes, as the parents may exercise over the students. Each
21 governing board shall adopt rules and regulations governing the
22 use or prohibition of corporal punishment (physical punishment
23 imposed on the person of a student).
24 (b) Dress code.--The board of school directors in all school
25 districts may establish a dress code for students when they are
26 present upon school grounds.
27 (c) Notice of use of corporal punishment.--In school
28 entities in which corporal punishment is authorized, all parents
29 upon entering their child in school shall be notified of the
30 rules and regulations governing its use. Whether or not a
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1 governing board prohibits corporal punishment, teachers and
2 school administrators may use reasonable force where necessary
3 to quell a disturbance, obtain possession of weapons or other
4 dangerous objects, protect persons or property, or as a means of
5 self-defense.
6 (d) Rules and regulations.--Consistent with subsection (e),
7 the governing board of each school entity shall promulgate and
8 enforce such reasonable rules and regulations as it may deem
9 necessary and proper regarding student conduct and affairs.
10 (e) Constitutional rights of students.--All students in this
11 Commonwealth shall be afforded the protections guaranteed by the
12 Constitution of the United States and of this Commonwealth. The
13 State board may promulgate general rules consistent with
14 established constitutional rights to assure that all students
15 are afforded these protections.
16 § 4742. Suspension of students for misconduct.
17 (a) Suspension for three days.--Every principal or person in
18 charge of a public school may suspend a student on account of
19 each incident of disobedience or misconduct for a period of up
20 to three school days after having met with the student to
21 discuss the reasons for the suspension. The parent and the chief
22 executive officer shall be notified immediately with
23 confirmation in writing when the student is suspended.
24 (b) Suspension for ten days.--The chief executive officer,
25 principal, assistant principal or vice principal may suspend a
26 student for a period of up to ten school days after the student
27 and parent have been given an opportunity for an informal
28 hearing with the student and parent and any other persons having
29 knowledge of the incident for which the suspension is being
30 given. If the student has been temporarily suspended in
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1 accordance with subsection (a), the total length of time a
2 student may be suspended for actions arising from a single
3 incident shall not exceed ten school days unless an alternative
4 educational program is provided by the school entity.
5 § 4743. Expulsion of students for misconduct.
6 (a) General rule.--The governing board of any school entity
7 may expel a student who is insubordinate or disorderly or whose
8 conduct adversely affects the school routine or otherwise
9 endangers the safety, morals, health or welfare of others.
10 (b) Opportunity for hearing.--No student shall be expelled
11 unless the student and the parent of the student shall have had
12 an opportunity for a hearing. Each student and parent shall be
13 given:
14 (1) Reasonable notice of the time and place of the
15 hearing.
16 (2) Reasons for the proposed expulsion.
17 (3) Names of the complainants.
18 (4) The opportunity to hear all witnesses testifying
19 against the student.
20 (5) The opportunity to examine the witnesses.
21 (6) The opportunity to offer testimony.
22 (7) The right to be represented by counsel.
23 (c) Hearing procedure.--The hearing shall be held as
24 expeditiously as possible and in no event later than 30 days
25 after the initial determination to proceed for expulsion has
26 been made. The hearing shall be held before the governing board
27 or a duly authorized committee of the board or a duly qualified
28 hearing examiner who shall report findings of fact and
29 conclusions of law to the board for its determination. The
30 hearing shall be public unless the student requests that it be
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1 private in which case only the parties, counsel and witnesses
2 shall be admitted.
3 (d) Education pending proceedings.--Except as provided in
4 section 4742 (relating to suspension of students for
5 misconduct), the student, during the period of time pending the
6 hearing, its determination and implementation, shall either be
7 placed in his normal class or, if necessary to protect the
8 safety, morals, health and welfare of others, be provided with
9 alternative instruction.
10 (e) Length and revocation of expulsion.--Unless the board
11 has reviewed and voted to renew the expulsion, no expulsion
12 shall extend beyond the beginning of the following school year.
13 If an expulsion is extended beyond the beginning of the
14 following school year, the student may appeal the extension to
15 the department. If the extension is appealed, the student shall
16 either be placed in his normal class or be provided with
17 alternative instruction during the period of time pending the
18 appeal, its determination and implementation. This section does
19 not prevent the special placement of an expelled student in
20 accordance with the provisions of Chapter 41 (relating to
21 special education). The governing board may revoke an expulsion
22 whenever it appears to be in the best interests of the student
23 to do so.
24 (f) Judicial review.--In case any student considers himself
25 aggrieved by the decision of the governing board to expel, the
26 student shall have an appeal to the court of common pleas in
27 which the district or the largest part thereof is located.
28 (g) Records expunged on decision for student.--In all cases
29 where the final decision of the governing board is in favor of
30 the student, the charges made shall be physically expunged from
19810H1300B2899 - 425 -
1 the student's record and from the record of the governing board.
2 (h) Education or action following expulsion.--Whenever any
3 student of compulsory school age has been expelled, the
4 governing board, after consultation with the parents, shall
5 provide alternative education in accordance with State board
6 regulations or as a last resort take action under Chapter 63 of
7 Title 42 (relating to juvenile matters).
8 § 4744. Governing board empowered to issue subpoenas.
9 In any hearing convened pursuant to section 4742 (relating to
10 suspension of students for misconduct) or 4743 (relating to
11 expulsion of students for misconduct), the governing body of the
12 school entity shall have the power to issue subpoenas requiring
13 the attendance of witnesses at such hearing on its own behalf or
14 at the discretion of the board at the request of the party
15 against whom a complaint is made. If any person shall refuse to
16 appear and testify in answer to any subpoena issued by the
17 governing body, the board may petition the court of common pleas
18 to enforce such subpoena. Any person refusing to appear and
19 testify before the board after being ordered by the court to do
20 so shall be held for contempt. All testimony at such hearings
21 shall be taken under oath, and any member of the governing body
22 shall have power to administer oaths to such witnesses.
23 § 4745. Proceedings against delinquent students.
24 If any student of compulsory school age has committed a
25 delinquent act, as defined by Chapter 63 of Title 42 (relating
26 to juvenile matters), while under the control and authority of
27 the public schools, the governing board shall, by its chief
28 executive officer, under such rules and regulations as the
29 governing board may adopt, proceed against the student under the
30 provisions of Chapter 63 of Title 42 or as is now or may
19810H1300B2899 - 426 -
1 hereafter be provided by law.
2 § 4746. Employment of minors.
3 (a) General rule.--No person, either for himself or for any
4 firm, association or corporation shall, during the hours the
5 public schools are in session, accept service from, engage or
6 employ any minor unless the employer shall have on file an
7 employment certificate or farm or domestic service permit issued
8 according to law.
9 (b) Reports from employers.--
10 (1) If a minor lawfully employed leaves or is absent
11 from his employment for five days, the employer shall
12 immediately, in writing, notify the school official who
13 issued the certificate.
14 (2) Every person or establishment accepting service from
15 or employing a minor shall publicly post a listing which
16 includes the minor's name, age, place of residence, name of
17 parent and the dates of application and issuing of
18 certificates, names of persons issuing the certificates and
19 the time of beginning and ending of service, at the place of
20 employment of the minor where it may be inspected by any
21 interested person at any time during business hours.
22 (c) Penalty for violation.--Any person or persons failing to
23 comply with the provisions of this section commits a summary
24 offense and, upon conviction, shall:
25 (1) For a first offense be sentenced to pay a fine of
26 not less than $10 nor more than $25, or to undergo
27 imprisonment for 10 days, or both.
28 (2) For each subsequent offense be sentenced to pay a
29 fine of not less than $20 nor more than $50, or to undergo
30 imprisonment for 90 days, or both.
19810H1300B2899 - 427 -
1 (d) Application of section.--This section does not apply to
2 minors of the age of 17 who have been graduated from high school
3 or who have been declared to have attained their academic
4 potential by the superintendent of the school district wherein
5 they reside.
6 § 4747. Confidentiality of student records and
7 communications.
8 (a) Student records.--The maintenance and release by schools
9 of official student records shall be governed by rules and
10 regulations of the State board designed to assure access to
11 records by students and parents and to preserve their general
12 confidentiality.
13 (b) Health records.--
14 (1) All official school health records established and
15 maintained pursuant to rules and regulations of the
16 Department of Health shall be confidential in accordance with
17 rules and regulations established by the State board.
18 (2) When a student of school age transfers from one
19 school district or nonpublic school in this Commonwealth to
20 another, the receiving school district or nonpublic school
21 shall request and the former school district or nonpublic
22 school shall provide the health record of the student. School
23 districts or nonpublic schools shall not destroy a student's
24 health record for a period of at least six years after the
25 student ceases to be enrolled but may surrender the record to
26 the student's parents in cases where the student does not re-
27 enroll in a school district or nonpublic school in this
28 Commonwealth.
29 (c) Student communications.--No guidance counselor, school
30 nurse, school psychologist, home and school visitor/school
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1 social worker or clerical worker, under their direction, in any
2 school providing elementary or secondary education who, while in
3 the course of their duties, has acquired information from a
4 student in confidence shall be compelled or allowed without the
5 consent of the student, if the student is 18 years of age or
6 over or without the consent of parent, if the student is under
7 the age of 18 years, to disclose that information in any legal
8 proceeding, before the General Assembly or any committee
9 thereof, or before any commission, department or bureau of the
10 Commonwealth or municipal body, officer or committee thereof.
11 However, no such person shall be excused or prevented from
12 complying with the act of November 26, 1975 (P.L.438, No.124),
13 known as the "Child Protective Services Law."
14 SUBPART F
15 PHYSICAL PLANT AND CONSTRUCTION
16 Chapter
17 49. Physical Plant and Construction
18 CHAPTER 49
19 PHYSICAL PLANT AND CONSTRUCTION
20 Subchapter
21 A. General Provisions
22 B. Governing Board Procedures
23 C. Regulation of Property and Projects
24 D. Approval of Buildings and Projects
25 E. Acquisition of Property
26 F. Contracts for Construction and Improvements
27 G. Disposition of Property
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 Sec.
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1 4901. Duty to provide appropriate facilities.
2 4902. Use of school facilities for other purposes.
3 4903. Exemption of property from taxation.
4 § 4901. Duty to provide appropriate facilities.
5 (a) General rule.--The board of school directors of each
6 school district shall provide suitable buildings and properties
7 to accommodate the needs of the school district and the students
8 within its jurisdiction.
9 (b) Method of acquisition.--School facilities may be
10 provided by purchase or lease in accordance with this chapter.
11 (c) Purpose of facilities.--All facilities shall be
12 constructed, altered, renovated, improved, furnished, equipped
13 and maintained to provide a safe and healthful learning
14 environment in a manner consistent with this title and
15 applicable statutes of this Commonwealth.
16 § 4902. Use of school facilities for other purposes.
17 The governing board of each school entity shall establish
18 reasonable rules and regulations for the use of school
19 facilities by community groups and governmental and quasi-
20 governmental bodies in accordance with the following standards:
21 (1) School facilities shall, to the maximum extent
22 feasible in harmony with school programs, be available to the
23 community for social, recreational and other proper purposes.
24 (2) School facilities to be made available shall
25 include, but need not be limited to, classrooms, assembly
26 halls, libraries, swimming pools, gymnasiums, playing fields
27 and grounds.
28 (3) Reasonable fees may be charged to reimburse the
29 school entity for any cost resulting from the use of any
30 facility.
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1 (4) Reasonable bonds may be required.
2 § 4903. Exemption of property from taxation.
3 All buildings and properties owned by a school district and
4 used for any purpose provided in this title shall be exempt from
5 taxation for any purpose whatever.
6 SUBCHAPTER B
7 GOVERNING BOARD PROCEDURES
8 Sec.
9 4911. Definitions.
10 4912. Authorization of maximum project and building costs.
11 4913. Public hearing prior to construction or lease.
12 4914. Referendum prior to construction or lease.
13 § 4911. Definitions.
14 The following words and phrases when used in this subchapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Aggregate building expenditure standards." The total amount
18 calculated for each building or substantial addition by
19 multiplying the rated student capacity approved by the
20 department by the following per student amounts:
21 (1) $2,800 - for elementary - k-6
22 (2) $4,200 - for junior high - 7-9
23 (3) $5,200 - for senior high - 10-12
24 (4) $5,200 - for vocational-technical - 10-12 (not to
25 include equipment and fixtures in vocational-technical).
26 Rated elementary student capacity or rated secondary student
27 capacity for any school building shall be the rated student
28 capacity determined on the basis of the method used by the
29 department for school building reimbursement purposes during the
30 school year 1971-1972. The per student amounts used to calculate
19810H1300B2899 - 431 -
1 the aggregate building expenditure standard shall be adjusted by
2 the department on July 1, 1974 and annually thereafter by
3 multiplying the per student amounts for the preceding year by
4 the ratio of the composite construction cost index compiled and
5 published by the United States Department of Commerce, for the
6 preceding calendar year to the index for the next preceding
7 calendar year.
8 "Building construction cost." The cost of all building
9 construction including general construction costs, plumbing,
10 heating, ventilating, electrical and other structural costs,
11 equipment and fixtures and architectural and engineering fees
12 relating thereto. The term does not include site acquisition and
13 development, rough grading to receive the building, sewage
14 treatment facilities or equivalent capital contributions, or
15 architectural and engineering fees relating thereto.
16 "Equipment and fixtures." Property fixed or movable which is
17 incidental and necessary to conduct the educational program and
18 includes, but is not limited to, movable equipment such as
19 desks, chairs, tables, portable physical educational equipment,
20 audio-visual equipment and science, homemaking, industrial art
21 and business equipment; instructional materials and fixtures
22 such as casework, laboratory equipment, kitchen equipment,
23 auditorium seating; and any other special fixtures or equipment
24 required to conduct a particular educational program.
25 "Site acquisition." Includes the cost of land and mineral
26 rights, demolition and clearing, rights-of-way and related
27 utility relocations, surveys and soil analyses, and the costs of
28 all fees relating thereto.
29 "Site development." Includes excavation, grouting and
30 shoring, access roads to site, utilities on site, and extension
19810H1300B2899 - 432 -
1 of utilities to site.
2 "Substantial addition." An addition which is more than 20%
3 of the area and replacement value of the structure to which the
4 improvement is to be added.
5 § 4912. Authorization of maximum project and building costs.
6 In the event that a new school building or a substantial
7 addition to an existing building is to be constructed or leased
8 in a school district of the second class, the board of directors
9 shall authorize a maximum project cost and a maximum building
10 construction cost to be financed by the district or amortized by
11 lease rentals to be paid by the district.
12 § 4913. Public hearing prior to construction or lease.
13 (a) General rule.--Except where the approval of the electors
14 is obtained to incur indebtedness to finance the construction of
15 a school project, the board of school directors of any school
16 district of the second class shall not construct, enter into a
17 contract to construct or enter into a contract to lease a new
18 school building or substantial addition to an existing school
19 building without holding a public hearing.
20 (b) Time of hearing.--The public hearing shall be held after
21 the board of school directors has complied with the provisions
22 of section 4912 (relating to authorization of maximum project
23 and building costs). The public hearing shall be held not less
24 than 30 days before the school district submits initial building
25 construction cost estimates to the department for approval.
26 (c) Notice of hearing.--Notice of the public hearing shall
27 be given not less than 20 days before the date of the hearing.
28 (d) Second hearing if bids exceed estimates.--If the final
29 building construction cost bids to be submitted to the
30 department for approval are less than the aggregate building
19810H1300B2899 - 433 -
1 expenditure standard but exceed by 8% or more the initial
2 building construction cost estimates submitted to the department
3 for approval, a second public hearing shall be held before the
4 department shall give its final approval.
5 § 4914. Referendum prior to construction or lease.
6 (a) General rule.--When, in a school district of the second
7 class, the maximum building construction cost authorization
8 exceeds the aggregate building expenditure standard, the board
9 of school directors shall submit its authorization to the
10 electors of the school district for their approval within six
11 months prior to submission of the final building cost bids to
12 the department for approval. Referenda shall be held as provided
13 by law for the approval of incurring indebtedness by referendum.
14 (b) Contents of question submitted.--The question submitted
15 shall specify the maximum project cost, the maximum building
16 construction cost and the annual sinking fund charge or lease
17 rental to be incurred by the school district and the portion of
18 the charge or rental expected to be reimbursed by the
19 Commonwealth.
20 SUBCHAPTER C
21 REGULATION OF PROPERTY AND PROJECTS
22 Sec.
23 4921. Building and property regulations.
24 4922. Advisory committee on building and property regulations.
25 4923. Substrata evaluation for building projects.
26 § 4921. Building and property regulations.
27 (a) General rule.--All public school buildings shall conform
28 to State board regulations on:
29 (1) Substantiated building need.
30 (2) Building cost.
19810H1300B2899 - 434 -
1 (3) Site selection and size.
2 (4) Space allocation and design.
3 (5) Environmental factors.
4 (6) Health and safety.
5 (b) Periodic revision of building cost standards.--Each year
6 the State board shall review and if necessary revise applicable
7 school building cost guidelines and standards pertaining to the
8 percentage of total space which may be reimbursable, the
9 percentage of total district budget represented by capital
10 outlay required for the project, the financial capability of the
11 applicant to sustain and maintain the obligation of indebtedness
12 to be created by the proposed project and such other factors as
13 the State board may consider necessary to establish reasonable
14 cost standards.
15 (c) Periodic revision of building regulations.--At least
16 every three years the State board shall review and revise all
17 building regulations in light of changing methods, technologies
18 and philosophies of education.
19 (d) Disapproval of projects nonconforming to regulations.--
20 The department shall deny approval to any school building
21 construction, alteration or renovation project which fails to
22 meet State board regulations.
23 (e) Exceptions from regulation compliance.--The board of
24 school directors of any school district may petition the State
25 board to grant an exception to specific regulations where
26 financial or other unnecessary hardship or educational
27 inadequacy would otherwise result. The State board shall hold a
28 hearing upon petitions of the board of school directors for
29 exceptions or may authorize the department to conduct the
30 hearings.
19810H1300B2899 - 435 -
1 § 4922. Advisory committee on building and property
2 regulations.
3 (a) Membership.--The Governor shall appoint an advisory
4 committee on building and property regulations consisting of 15
5 members to be composed of:
6 (1) Three registered architects experienced in school
7 design.
8 (2) One registered engineer experienced in controlled
9 environmental design of schools.
10 (3) One registered engineer experienced in design or
11 evaluation of maintenance techniques, facilities or
12 equipment.
13 (4) Two school administrators.
14 (5) Two classroom teachers.
15 (6) One physician.
16 (7) One representative of the construction industry
17 experienced in school construction.
18 (8) Two school board members who are not teachers or
19 administrators.
20 (9) Two residents of this Commonwealth not
21 professionally engaged in any of the above occupations.
22 (b) Duties.--The advisory committee shall present to the
23 State board:
24 (1) Recommended changes and revision in building and
25 property regulations.
26 (2) Justifications for the recommended changes and
27 revisions.
28 (3) Educational and healthful benefits of the
29 recommended changes and revisions.
30 (4) Impact on construction or maintenance costs as the
19810H1300B2899 - 436 -
1 result of recommended changes and revisions.
2 (c) Expenses.--The members of the advisory committee shall
3 serve without compensation but shall be reimbursed for necessary
4 expenses actually incurred in the performance of their duties.
5 Reimbursement for expenses shall not exceed the greater of the
6 following amounts:
7 (1) The sum of $40 per day for food and lodging and 15¢
8 per mile for travel by automobile.
9 (2) Amounts for traveling expenses determined by the
10 Commissioner of Internal Revenue under the authority of
11 section 274 of the Internal Revenue Code of 1954 and
12 regulations promulgated thereunder as not requiring
13 substantiation by adequate records or other sufficient
14 evidence.
15 § 4923. Substrata evaluation for building projects.
16 Any school district or authority planning to construct or
17 reconstruct a school building located in an area certified by
18 the Department of Environmental Resources to be subject to mine
19 subsidence shall, before beginning design, obtain an evaluation
20 of the substrata of the land upon which the building will be
21 situated from the Department of Environmental Resources. All
22 substrata evaluations shall be made available to the contractor
23 prior to bidding.
24 SUBCHAPTER D
25 APPROVAL OF BUILDINGS AND PROJECTS
26 Sec.
27 4931. General powers and duties of department.
28 4932. Department approval of buildings and improvements.
29 § 4931. General powers and duties of department.
30 The department shall, with respect to construction,
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1 renovation or alterations of buildings for school districts of
2 the second class:
3 (1) Assist in preplanning of projects and offer such
4 architectural, engineering and financial advice as to enable
5 the project to comply with the State board regulations.
6 (2) Review all projects, plans and specifications.
7 (3) Make recommendations to the General Assembly and the
8 Governor.
9 (4) Act as liaison between the public, local school
10 officials, the General Assembly and the Governor on school
11 district projects.
12 (5) Receive and investigate complaints from the public
13 or other source concerning any school district project.
14 (6) Conduct investigations on any phase of a school
15 district project.
16 (7) Hold hearings on any or all projects and subpoena
17 witnesses, administer oaths, take testimony and compel the
18 production of documents relevant to any investigation.
19 (8) Inspect any or all building projects for compliance
20 with the approved plans, this title and regulations of the
21 State board.
22 § 4932. Department approval of buildings and improvements.
23 (a) Construction of buildings.--No public school building
24 shall be contracted for, constructed or reconstructed in any
25 school district of the second class until the plans and
26 specifications therefor have been approved by the department.
27 Approval shall not be granted unless the district's plans <--
28 include the removal of an existing structure which the new
29 building is designed to replace. Approval may be granted if in
30 lieu of razing the district has a contractually guaranteed
19810H1300B2899 - 438 -
1 arrangement for continued usage of the existing structure.
2 (b) Improvements to buildings.--When ordinary repairs are
3 proposed, such as plastering, painting, replacement of floors,
4 improvement of school grounds, repairing or providing walks,
5 roadways or retaining walls, the cost of which will not exceed
6 $20,000 per building, no approval shall be required. For repair
7 projects that exceed $20,000, or where structural change is
8 involved such as moving or adding doors, windows, partitions,
9 making additions or any excavations, or any work which may
10 affect the safety or health of the students or any work which
11 comes under the jurisdiction of another Commonwealth agency,
12 approval of the department shall be required regardless of the
13 cost of the structural change.
14 (c) Purchase of buildings.--No school building shall be
15 purchased by any school district until the purchase shall have
16 been approved by the department. The approval shall not be given
17 unless the school building to be purchased and any approved
18 structural changes or renovations meet the standards required to
19 operate public school buildings of a similar age currently in
20 use in this Commonwealth.
21 SUBCHAPTER E
22 ACQUISITION OF PROPERTY
23 Sec.
24 4941. Determination of location and amount of property.
25 4942. Acquisition and holding of property.
26 4943. Lease of buildings constructed or altered for school use.
27 4944. Lease of grounds and buildings for school purposes.
28 4945. Authority of district concerning projects for school
29 purposes.
30 4946. Equipping and operating recreational facilities.
19810H1300B2899 - 439 -
1 § 4941. Determination of location and amount of property.
2 The board of school directors of each school district shall
3 determine the location and amount of real estate required by the
4 school district subject to State board regulations on site
5 selection and size.
6 § 4942. Acquisition and holding of property.
7 The board of school directors of any school district may
8 acquire property, within or outside of the school district, by
9 purchase, gift, devise, agreement, condemnation or otherwise.
10 All property shall be acquired and held in the name of the
11 school district.
12 § 4943. Lease of buildings constructed or altered for school
13 use.
14 (a) General rule.--The board of school directors of any
15 school district may lease buildings or portions of buildings
16 constructed or altered for school district use provided the
17 buildings comply with standards and regulations established by
18 the State board, the Department of Labor and Industry and the
19 Department of Environmental Resources.
20 (b) Department approval of leases.--The approval of the
21 department shall be required for all leases of five years or
22 more.
23 § 4944. Lease of grounds and buildings for school purposes.
24 (a) General rule.--The board of school directors of any
25 school district may:
26 (1) Enter into a lease or leases with a municipality
27 authority, a profit or nonprofit corporation, partnership,
28 association or person for the rental of necessary grounds and
29 buildings for school purposes or buildings to be erected for
30 school purposes. The school district shall have the right to
19810H1300B2899 - 440 -
1 renew the lease or leases for a term not to exceed 40 years
2 at a stipulated rental. The rental is to be paid out of
3 current revenues.
4 (2) Purchase the grounds and buildings at any time
5 during the continuance of the lease or leases in paragraph
6 (1) at a stipulated price.
7 (3) In the case of joint leases, agree upon the manner
8 of sharing the rental or rentals and the costs and expenses
9 of insuring, operating, maintaining and repairing the school
10 property leased.
11 (b) Department approval of leases.--The approval of the
12 department shall be required for leases under this section.
13 § 4945. Authority of district concerning projects for school
14 purposes.
15 The board of school directors of any school district may,
16 upon the written approval of the department:
17 (1) Sell, lend, grant or convey to any municipality
18 authority, profit or nonprofit corporation, partnership,
19 association or person, with or without consideration, any
20 lands, easements or rights in land which may be deemed
21 necessary for any project, together with any buildings,
22 structures or improvements erected thereon, as well as
23 furnishings and equipment used or useful in connection
24 therewith.
25 (2) Purchase or otherwise acquire additional lands or
26 interests in lands which may be deemed necessary for the
27 project and to finance the acquisition by the issuance and
28 sale of general obligation bonds.
29 (3) Transfer, assign and set over to the municipality
30 authority, profit or nonprofit corporation, partnership,
19810H1300B2899 - 441 -
1 association or person any contract which may have been
2 awarded for the project or projects.
3 (4) Make appropriations to the municipality authority,
4 profit or nonprofit corporation, partnership, association or
5 person out of its general funds or out of any other available
6 funds. Any funds which represent the proceeds of general
7 obligation bonds heretofore or hereafter issued by the school
8 district shall be used by the party receiving them for the
9 purpose or purposes for which the bonds were issued. In the
10 event that any bonds were issued pursuant to a vote of the
11 electors, any appropriation of the proceeds shall not be
12 deemed such a change of purpose from that for which such
13 bonds were authorized as shall require the question to be
14 again submitted to a vote of the electors under any existing
15 statute.
16 § 4946. Equipping and operating recreational facilities.
17 (a) General rule.--The board of school directors of any
18 school district may equip, operate and maintain parks,
19 playgrounds, playfields, gymnasiums, swimming pools and indoor
20 recreation centers and may appropriate money for these purposes.
21 (b) Additional tax levy.--For the purposes set forth in
22 subsection (a), the board of school directors of any school
23 district may levy an annual tax not to exceed two mills on the
24 dollar of the assessed evaluation of taxable property in the
25 school district for joint ventures with any city, borough,
26 incorporated town, township or county or any combination
27 thereof. Funds raised by the levy may be used only for the
28 purposes specified in subsection (a).
29 SUBCHAPTER F
30 CONTRACTS FOR CONSTRUCTION AND IMPROVEMENTS
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1 Sec.
2 4951. General requirements for work performed on school
3 property.
4 4952. Contract provisions covering competency of workmen.
5 4953. Contract provisions covering minimum wages.
6 4954. Contract provisions for compliance with Human Relations
7 Act.
8 4955. Architects and engineers employed prohibited from
9 bidding on public works.
10 § 4951. General requirements for work performed on school
11 property.
12 (a) General rule.--All site improvement, construction,
13 alteration, renovation, maintenance or work of any nature made
14 upon any building or property of a school district or upon any
15 building or portion of a building leased under the provisions of
16 section 4943 (relating to the lease of buildings constructed or
17 altered for school use) shall be made in accordance with
18 sections 3131 (relating to general requirements for purchasing),
19 3132 (relating to solicitation for quotations for certain
20 purchases) and 3133 (relating to formal bidding for certain
21 purchases) except as provided in subsections (b) and (c). The
22 board of school directors may invite proposals, either for
23 completely erecting, altering or adding to any building, or
24 separately for parts of the work, or both, on all projects under
25 $25,000 base construction cost. All projects exceeding $25,000
26 shall be subject to the act of May 1, 1913 (P.L.155, No.104),
27 entitled "An act regulating the letting of certain contracts for
28 the erection, construction, and alteration of public buildings."
29 Whenever the board of school directors enters into a single
30 contract for a project, in the absence of good and sufficient
19810H1300B2899 - 443 -
1 reasons, the contractor shall pay each subcontractor within 15
2 days of receipt of payment from the board of school directors an
3 amount equal to the percentage of completion allowed to the
4 contractor on account of the subcontractor's work. The
5 contractor shall also require the subcontractor to make similar
6 payments to his subcontractors.
7 (b) Work performed by school personnel.--Where the entire
8 estimated cost or value of the work to be done is less than
9 $20,000, or where maintenance work of any cost or value is to be
10 done, it may be done by the school district's own maintenance
11 personnel. In addition, the board of school directors of any
12 school district may use its own maintenance or other personnel
13 to perform maintenance work irrespective of the entire cost or
14 value of the work.
15 (c) Work performed by students.--The board of school
16 directors of any school district may have any work, determined
17 by the department to be within the capabilities of vocational-
18 technical students, performed by students enrolled in the area
19 vocational-technical school or, where an area school is not
20 available, by students of technical training programs of the
21 secondary schools, subject to the following conditions:
22 (1) The board shall certify that the primary purpose in
23 involving the vocational-technical students in the school
24 entity's construction program is for practical field
25 experience and instructional purposes.
26 (2) The work shall be done under supervision of
27 experienced instructors or tradesmen.
28 (3) The plans, specifications and material lists for any
29 project shall be prepared, with the involvement of students
30 where possible, by a registered architect or engineer of this
19810H1300B2899 - 444 -
1 Commonwealth. This condition may be waived by the department
2 where type and size of projects warrants such action.
3 (4) The responsible architect or engineer shall
4 periodically check, during construction, for adherence to the
5 approved plans and specifications.
6 § 4952. Contract provisions covering competency of workmen.
7 All contracts awarded and entered into by any school entity
8 for all site improvements and construction, alteration,
9 renovation, repair or work of any nature shall contain a clause
10 or stipulation requiring that no person shall be employed to do
11 work under the contract except competent and first-class workmen
12 and mechanics. No workmen shall be regarded as competent and
13 first class, within the meaning of this section, except those
14 who are duly skilled in their respective branches of labor, and
15 who shall be paid not less than such rates of wages and for such
16 hours' work as shall be the established and current rates of
17 wages paid for such hours by employers of organized labor in
18 doing similar work in the district where work is being done.
19 § 4953. Contract provisions covering minimum wages.
20 (a) General rule.--All contracts awarded and entered into by
21 any school district for all site improvements and renovation,
22 construction, alteration, repair and work of any nature other
23 than maintenance that is in excess of $25,000 shall be performed
24 under the provisions of the act of August 15, 1961 (P.L.987,
25 No.442), known as the "Pennsylvania Prevailing Wage Act."
26 (b) Reports of contract violations.--Every officer or person
27 designated as an inspector of, or having supervision over, the
28 work to be performed under any contract, in order to aid in
29 enforcing the fulfillment thereof, shall, upon observation or
30 investigation, report to the board of school directors which let
19810H1300B2899 - 445 -
1 the contract all violations of minimum wage stipulations,
2 together with the name of each laborer or mechanic who has been
3 paid a wage less than that prescribed by the specifications and
4 the day or days of violation.
5 (c) Collecting penalties for violations.--All penalties
6 shall be withheld and deducted for the use of the school
7 district from any moneys due the contractor by the officer or
8 person whose duty it shall be to authorize the payment of moneys
9 due the contractor, whether the violation of the minimum wage
10 stipulation of the specifications was by the contractor or by
11 any of his subcontractors. If any contractor or subcontractor
12 subsequently pays to all laborers and mechanics the balance of
13 the amounts stipulated in such contract, the board of school
14 directors shall pay to the contractor the amount so withheld as
15 penalties.
16 § 4954. Contract provisions for compliance with Human Relations
17 Act.
18 All contracts awarded and entered into by any school entity
19 for site improvements and construction, alteration, renovation,
20 repair or work of any nature shall contain a provision that the
21 contractor agrees to comply with the provisions of the act of
22 October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania
23 Human Relations Act."
24 § 4955. Architects and engineers employed prohibited from
25 bidding on public works.
26 (a) General rule.--
27 (1) It is unlawful for any architect or engineer, in the
28 employ of any school district, and engaged in the preparation
29 of plans, specifications or estimates, to bid or negotiate on
30 any public work at any letting of such work by the school
19810H1300B2899 - 446 -
1 district, except that any such architect or engineer who
2 shall have prepared preliminary plans only shall not be
3 prohibited from bidding or negotiating on the final contract
4 for such work.
5 (2) It is unlawful for the officers of school districts
6 charged with the duty of letting any public work, to award a
7 contract to any such architect or engineer, in the employe of
8 the school district who is in any way interested in any
9 contract for public work for the school district or for any
10 such architect or engineer to receive any remuneration or
11 gratuity from any person interested in such contract except
12 under the terms and conditions as provided in section 3137
13 (relating to fee sharing restricted).
14 (b) Forfeiture and penalty.--Any person violating any of the
15 provisions of this section shall forfeit his office and shall be
16 guilty of a misdemeanor of the third degree.
17 SUBCHAPTER G
18 DISPOSITION OF PROPERTY
19 Sec.
20 4961. Authority to dispose of property.
21 4962. Procedure for abandonment of property.
22 4963. Lease of unused and unnecessary property.
23 4964. Sale of unused and unnecessary property.
24 4965. Payment of consideration on private sale of property.
25 4966. Sale of property acquired for nonpayment of taxes.
26 4967. Lease or transfer in connection with school project
27 leases.
28 4968. Conveyance to municipality for municipal purposes.
29 4969. Conveyance to or for community college.
30 § 4961. Authority to dispose of property.
19810H1300B2899 - 447 -
1 (a) General rule.--The board of school directors of any
2 school district may sell, convey, transfer, dispose of or
3 abandon any real property or any part thereof which it may own
4 subject to the provisions of this title.
5 (b) Advertisement of proposal.--Prior to any decision of the
6 board of school directors to sell, convey, transfer, dispose of
7 or abandon any real property, the board of school directors
8 shall make its proposal known to the public by advertisement
9 once a week for three weeks in not less than two newspapers of
10 general local circulation. If there are less than two newspapers
11 of general local circulation in the service area of the school
12 entity, the notice shall be published in one newspaper of
13 general local circulation and shall be posted in at least five
14 separate public places. In addition, advertisements or notices
15 may also be placed in trade journals and other newspapers as an
16 inducement to potential purchasers or lessees. During all
17 negotiations, emphasis shall be placed on the reuse of the
18 existing school building for either public activities or private
19 development prior to any decision to raze the building.
20 § 4962. Procedure for abandonment of property.
21 No real property that has heretofore been acquired by, or
22 conveyed or granted to, any school district for school district
23 purposes, or which may hereafter be acquired by any school
24 district for school district purposes, shall be considered as
25 abandoned until the board of school directors of the district
26 shall pass a resolution declaring it to be the intention of the
27 district to vacate and abandon the property, whereupon all
28 right, title and interest of the district in the premises shall
29 be fully terminated.
30 § 4963. Lease of unused and unnecessary property.
19810H1300B2899 - 448 -
1 The board of school directors of any school district may
2 lease for any lawful purpose other than educational use, unused
3 and unnecessary real property of the school district pending the
4 sale thereof, or until such time as the board shall decide again
5 to make use of the real property for school purposes. Terms and
6 conditions of the lease shall be fixed by the board in the
7 motion or resolution authorizing the lease. All rents collected
8 shall be paid into the general fund of the school district.
9 § 4964. Sale of unused and unnecessary property.
10 (a) General rule.--The board of school directors of any
11 district may sell unused and unnecessary real property by any of
12 the methods set forth in this section.
13 (b) Public auction.--Property may be sold by public auction,
14 either on the premises to be sold or at places selected by the
15 school board, after due notice as provided in section 3133(a)
16 (relating to formal bidding for certain purchases) and by
17 handbills, one or more of which must be posted on the property
18 proposed to be sold and at least five of which must be posted at
19 conspicuous places within the vicinity of the real estate. The
20 terms and conditions of sale shall be fixed by the school board
21 in the motion of resolution authorizing the sale.
22 (c) Sealed bids.--Property may be sold upon sealed bids
23 requested by the board of school directors, notice of the
24 request to be given as provided in subsection (b). The terms and
25 conditions of sale shall be fixed by the board in the motion or
26 resolution authorizing the request for sealed bids.
27 (d) Private sale.--Property may be sold at private sale,
28 subject to the approval of the court of common pleas of the
29 county in which the property is located. Approval of the court
30 shall be on petition of the governing board.
19810H1300B2899 - 449 -
1 (1) The petition shall be executed by the proper
2 officers of the board and shall contain:
3 (i) A full and complete description of the land
4 proposed to be sold.
5 (ii) A brief description and character of the
6 building or buildings erected thereon, if any.
7 (iii) The name of the prospective purchaser.
8 (iv) The amount offered for the property.
9 (v) An affidavit of at least two persons who are
10 familiar with the values of real estate in the locality
11 in which the land is located certifying that:
12 (A) They have examined the property.
13 (B) The price offered therefor is a fair and
14 reasonable one and, in their opinion, a better price
15 than could be obtained at public sale.
16 (C) They are not interested either directly or
17 indirectly in the purchase or sale thereof.
18 (2) Before the court may act upon the petition, it shall
19 fix a time for a hearing and shall direct that public notice
20 thereof be given as provided in subsection (b). A return of
21 sale shall be made to the court after the sale has been
22 consummated and the deed executed and delivered.
23 (3) The board of school directors, when selling property
24 at a private sale, may engage the services of licensed real
25 estate brokers to secure prospective purchasers and pay them
26 the customary real estate agents' commission charged within
27 the school district. The commission shall be paid only in the
28 event the sale is actually consummated by the brokers.
29 § 4965. Payment of consideration on private sale of property.
30 The board of school directors may, at its discretion, when
19810H1300B2899 - 450 -
1 selling real estate subject to the provisions of section 4964
2 (relating to sale of unused and unnecessary property), sell and
3 convey the real estate to the purchaser for the accepted
4 consideration payable partly in cash and partly in the form of a
5 purchase money mortgage and bond to be paid in not more than
6 five years from the date thereof and bearing interest at the
7 rate of not less than 5%. The mortgage and bond shall contain
8 the customary provisions requiring fire insurance and payment of
9 taxes, water rents and assessments by the mortgagor and obligor.
10 § 4966. Sale of property acquired for nonpayment of taxes.
11 (a) General rule.--In the case of land or any interest
12 therein acquired by a school district of the first class or
13 first class A at any sale on a tax or municipal claim, or on a
14 bid submitted at any judicial sale where the school district has
15 an interest arising out of unpaid taxes against the premises
16 being sold, or by voluntary conveyance in payment of taxes, the
17 land acquired may be sold by the school district of the first
18 class or first class A at public or private sale pursuant to a
19 resolution of the governing board of the school district without
20 advertisement and without further proceedings or confirmation by
21 the court.
22 (b) Disposition of proceeds.--Moneys derived from sales of
23 real estate enumerated in subsection (a) shall be paid into the
24 general fund and may be used for current expenses of the school
25 district.
26 § 4967. Lease or transfer in connection with school project
27 leases.
28 Notwithstanding sections 4964 (relating to sale of unused and
29 unnecessary property), 4965 (relating to payment of
30 consideration on private sale of property) and 4966 (relating to
19810H1300B2899 - 451 -
1 sale of property acquired for nonpayment of taxes), any school
2 district may lease, grant, assign or convey to the State Public
3 School Building Authority, a municipality authority or any
4 profit or nonprofit corporation, partnership, association or
5 person, with or without consideration, in connection with any
6 lease for a school building or project, any lands, easements or
7 rights in lands, together with any improvements, buildings or
8 structures therein or thereon, now owned by the school district
9 or hereafter acquired by it, deemed necessary to carry out the
10 project, as well as furnishings and equipment used or useful in
11 connection therewith.
12 § 4968. Conveyance to municipality for municipal purposes.
13 Notwithstanding sections 4964 (relating to sale of unused and
14 unnecessary property), 4965 (relating to payment of
15 consideration on private sale of property) and 4966 (relating to
16 sale of property acquired for nonpayment of taxes), any school
17 district, upon approval of two-thirds of the legally qualified
18 members of the board of school directors, may convey unused and
19 unnecessary lands and buildings of the district to the city,
20 borough, town or township, the boundaries of which are
21 coterminous with or within those of the school district, without
22 consideration or for such consideration and on such terms of
23 exchange as may be agreed upon, without first complying with the
24 requirements of sections 4964, 4965 and 4966. The conveyances
25 may contain a clause whereby the lands and buildings will revert
26 to the school district if they are no longer being used for
27 municipal or authority purposes.
28 § 4969. Conveyance to or for community college.
29 (a) General rule.--Notwithstanding sections 4964 (relating
30 to sale of unused and unnecessary property), 4965 (relating to
19810H1300B2899 - 452 -
1 payment of consideration on private sale of property) and 4966
2 (relating to sale of property acquired for nonpayment of taxes)
3 and subject to the limitations set forth in this section, any
4 school district, upon approval of two-thirds of the legally
5 qualified members of the board of school directors, may convey,
6 with or without consideration, any unused or unnecessary lands
7 and buildings of the district to:
8 (1) a community college organized and existing under the
9 provisions of the act of August 24, 1963 (P.L.1132, No.484),
10 known as the "Community College Act of 1963"; or
11 (2) the State Public School Building Authority or a
12 municipal authority with which the community college has
13 entered into or is about to enter into a lease rental
14 agreement for the use of the subject lands and buildings.
15 (b) Qualification of grantor.--The conveying school district
16 shall:
17 (1) be a sponsor of the community college to which the
18 conveyance is to be made or with which the State Public
19 School Building Authority or the municipality authority to
20 which the conveyance is to be made has entered into or is
21 about to enter into a lease rental agreement for the use of
22 the subject lands and buildings; or
23 (2) be coterminous with or included within the
24 boundaries of a political subdivision sponsoring the
25 community college to which the conveyance is to be made or
26 with which the State Public School Building Authority or the
27 municipality authority to which the conveyance is to be made
28 has entered into or is about to enter into a lease rental
29 agreement for the use of the subject lands and buildings.
30 SUBPART G
19810H1300B2899 - 453 -
1 PERSONNEL
2 Chapter
3 51. Personnel
4 CHAPTER 51
5 PERSONNEL
6 Subchapter
7 A. General Provisions
8 B. Certification
9 C. Employment Rights of Professional Personnel
10 D. Leave and Retirement Benefits
11 E. Commissioned Personnel
12 F. Principals
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 5101. Definitions.
17 5102. Medical examinations of employees and agents.
18 5103. Religious garb worn by employee prohibited.
19 5104. Personnel actions concerning relatives of school
20 directors.
21 5105. Access to personnel records.
22 5106. Rights of professional employees in special
23 institutions.
24 § 5101. Definitions.
25 As used in this chapter the following words and phrases shall
26 have the meanings set forth in this section unless the context
27 clearly indicates otherwise:
28 "Auxiliary personnel." Persons employed by the governing
29 board of any school entity in positions for which commissions or
30 certificates are not required.
19810H1300B2899 - 454 -
1 "Commissioned personnel." Persons who are commissioned by
2 the secretary as superintendents and assistant superintendents
3 for school districts or as executive directors and assistant
4 executive directors for intermediate units.
5 "Furlough." A temporary interruption of employment initiated
6 by the governing board.
7 "Nontenured professional employee." A professional employee
8 who has not received tenure in accordance with section 5132
9 (relating to tenure).
10 "Professional employees." Persons employed in the public
11 schools, other than commissioned personnel, who hold positions
12 requiring professional certificates issued by the department.
13 Except for the provisions of sections 5145 (relating to
14 substitute teachers), 5158 (relating to right to sick leave) and
15 5165 (relating to retirement), substitutes shall not be
16 considered professional employees under Subchapters C (relating
17 to employment rights of professional personnel) and D (relating
18 to leave and retirement benefits). Professional employees shall
19 be:
20 (1) Teachers.
21 (2) Visiting teachers.
22 (3) Supervisors.
23 (4) Principals.
24 (5) Assistant principals.
25 (6) Vice principals.
26 (7) Directors of vocational education.
27 (8) Home and school visitors/school social workers.
28 (9) School counselors.
29 (10) Child nutrition program specialists.
30 (11) School librarians.
19810H1300B2899 - 455 -
1 (12) School nurses.
2 (13) Dental hygienists.
3 (14) School secretaries, the selection of whom is on the
4 basis of merit as determined by eligibility lists.
5 (15) School speech therapists.
6 (16) School hearing therapists.
7 (17) School psychologists.
8 "School administrators." Employees who are responsible for
9 administering, directing and managing the instructional
10 activities of a school. The term includes principals, assistant
11 principals and directors of vocational education.
12 "Seniority." The length of service in the school entity of
13 current employment except as otherwise provided in this title.
14 Substitutes." Persons employed to perform the duties of
15 regular professional employees during such period of time as the
16 regular professional employee is absent on sabbatical leave or
17 for other legal cause authorized and approved by the governing
18 board. Substitutes who are employed for 20 consecutive school <--
19 days or more shall be long term substitutes and those employed
20 for less than 20 consecutive school days shall be short term
21 substitutes SUBSTITUTES SHALL BE GIVEN SICK LEAVE RIGHTS BASED <--
22 ON ONE SICK DAY FOR EACH CONTINUOUS 20 DAYS WORKED unless
23 otherwise provided in a local collective bargaining agreement.
24 "Supervisors." Persons responsible for supervising,
25 coordinating and directing the activities of professional
26 personnel.
27 "Teachers." Persons who are engaged in teaching or other
28 direct educational activities and who are properly certificated
29 in accordance with the provisions of this chapter and with the
30 regulations of the State board.
19810H1300B2899 - 456 -
1 "Tenure." The right of a person to hold a position and not
2 be removed except for proper cause.
3 § 5102. Medical examinations of employees and agents.
4 (a) Preemployment examination.--All school employees shall
5 be required to take a preemployment medical examination the
6 results of which shall be recorded on forms prescribed by the
7 Secretary of Health and shall be made available to the governing
8 board.
9 (b) Tuberculosis testing.--All school employees and persons
10 under contract providing services to school children, all
11 student teachers and all volunteers regularly participating in
12 student activities shall be given tests for tuberculosis in
13 accordance with rules and regulations adopted by the Secretary
14 of Health. No person shall be required to submit to a particular
15 test if he furnishes a statement setting forth adequate reasons
16 for being excused from taking the test. In such cases, an
17 alternate method of testing shall be administered.
18 (c) Special examination.--Governing boards may, in
19 accordance with their rules and regulations, require a special
20 medical examination for any school employee at any time at board
21 expense.
22 (d) Examiners.--Medical examinations shall be made by the
23 physicians of the school entity, if provision is made by the
24 school entity, or by a physician of the employee's own choice
25 legally qualified to practice medicine in this Commonwealth.
26 § 5103. Religious garb worn by employee prohibited.
27 No person employed in a public school while engaged in the
28 performance of his duty shall wear any dress, habit or uniform
29 indicating the fact that such person is a member or adherent of
30 any religious order, sect or denomination.
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1 § 5104. Personnel actions concerning relatives of school
2 directors.
3 (a) General rule.--Except for actions affecting employees as
4 a whole, no personnel action shall be taken by any governing
5 board on any person related to a member of the board, such as,
6 father, mother, brother, sister, husband, wife, son, daughter,
7 stepson, stepdaughter, grandchild, nephew, niece, first cousin,
8 sister-in-law, brother-in-law, uncle, aunt, son-in-law,
9 daughter-in-law, or person residing in the same household unless
10 the action receives a majority vote of all legally qualified
11 members of the board. No member related to the person affected
12 by the action shall vote.
13 (b) Disclosure of relationship.--Any employee or prospective
14 employee related in the manner described in subsection (a) to
15 any member of the governing board, a commissioned officer or
16 school administrator in the entity shall disclose the
17 relationship to the board and that fact shall be duly recorded
18 in the minutes.
19 § 5105. Access to personnel records.
20 (a) General rule.--Access to and confidentiality of
21 personnel records of all employees shall be determined in
22 accordance with the provisions of the act of November 26, 1978
23 (P.L.1212, No.286), referred to as the Inspection of Employment
24 Records Law, and rules and regulations of the State board
25 consistent therewith.
26 (b) Right of employee.--Any employee may examine the
27 contents of his official personnel file and have the contents
28 copied. The school entity may charge for the actual cost of
29 reproduction including the cost of clerical labor.
30 § 5106. Rights of professional employees in special
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1 institutions.
2 Except as otherwise provided by law, professional employees
3 in the Scranton State School for the Deaf, Thaddeus Stevens
4 State School of Technology and Scotland School for Veterans'
5 Children and professional employees of school entities in
6 educational programs operated under sections 3731 (relating to
7 educational programs in State-owned institutions) and 3732
8 (relating to educational programs in places of detention) shall
9 enjoy the same privileges, including tenure rights, and be
10 subject to the same laws as professional employees in the public
11 schools of this Commonwealth.
12 SUBCHAPTER B
13 CERTIFICATION
14 Sec.
15 5111. Requirement of professional certification.
16 5112. Professional Standards and Practices Commission.
17 5113. Emergency certificates and substitutes.
18 5114. Provisional and intern certificates.
19 5115. Permanent certification.
20 5116. Certification of personnel from other states and
21 countries.
22 5117. Existing professional certificates.
23 5118. Other professional certificates.
24 5119. Suspension and revocation of professional certificates.
25 5120. Assurance of certification and proper assignment.
26 5121. Penalty for serving without a certificate.
27 5122. Permanent registration of certificated personnel.
28 5123. Department waiver of certification requirements.
29 § 5111. Requirement of professional certification.
30 (a) General rule.--Any person serving as a commissioned
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1 officer, school administrator, supervisor or teacher in the
2 public schools shall hold a valid certificate issued by the
3 department in accordance with regulations of the State board.
4 (b) Scope of certificate.--Each certificate issued shall set
5 forth the area or areas in which its holder is entitled to
6 serve. No professional employee shall serve in any public school
7 in any area or areas for which he is not properly certificated.
8 (c) Fees for certificates.--The department may fix and
9 collect a reasonable fee for certificates necessary to defray
10 the costs of processing such certificates.
11 (d) Department waiver of certification requirements.--
12 (1) The department may grant a waiver of certification
13 requirements for a period not to exceed one year for a
14 certificated professional employee currently employed by or
15 on furlough from a school entity when the school entity
16 submits a written waiver request containing the following:
17 (i) The reason for the waiver.
18 (ii) A program of study being followed by the
19 employee to secure certification in the new position.
20 (iii) The period of time necessary for the employee
21 to secure certification in the new position.
22 (iv) A statement showing the employee's application
23 for placement in the new position.
24 (2) The employee for whom the waiver is granted shall
25 pursue certification as outlined in the school entity's
26 waiver request. Failure to do so shall result in a revocation
27 of the waiver.
28 § 5112. Professional Standards and Practices Commission.
29 (a) Definitions.--As used in this section the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Commission." The Professional Standards and Practices
3 Commission.
4 "Teach." To engage in the practice of teaching in the public
5 schools of this Commonwealth or to provide related educational
6 specialist, administrative or supervisory services in such
7 schools.
8 "Teacher." Any person who holds a valid teaching certificate
9 in this Commonwealth.
10 (b) Appointment, terms and removal.--There is hereby created
11 a Professional Standards and Practices Commission consisting of
12 16 members appointed by the Governor. The term of office of
13 members of the commission, except the student member whose term
14 shall be one year, shall be three years commencing on January 1
15 of the year following their appointment, except that original
16 appointments shall be staggered terms of one, two and three
17 years in order that the terms of five members of the commission
18 shall expire each year thereafter. Vacancies shall be filled for
19 an unexpired term in the manner as original appointments. No
20 person shall serve for more than two consecutive terms as a
21 member of the commission. The Governor may remove any member
22 from the commission for misconduct or malfeasance in office,
23 incapacity, or neglect of duty. All members of the commission
24 shall be residents of this Commonwealth.
25 (c) Qualifications of members.--
26 (1) The membership of the commission shall consist of:
27 (i) Eight classroom teachers including one
28 educational specialist broadly representative of the
29 teaching profession from public schools.
30 (ii) Three administrators from public schools.
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1 (iii) Two faculty members from approved institutions
2 of higher learning in this Commonwealth offering approved
3 teacher education programs.
4 (iv) One administrator from an approved institution
5 of higher learning in this Commonwealth offering approved
6 teacher education programs.
7 (v) One college student currently enrolled in a
8 program of teacher education in an approved institution
9 of higher learning in this Commonwealth offering approved
10 teacher education programs.
11 (vi) One member from the general public who shall be
12 a parent of a student attending a public school.
13 (2) Except for the representative of the general public
14 and the student representative, the Governor, in making
15 appointments, shall consider recommendations from panels of
16 nominees submitted by Statewide organizations of professional
17 educators which certify that the panels include only
18 representatives of the category of professional personnel for
19 which the panel or panels of nominees are submitted.
20 (3) All members of the commission, except the persons
21 representing the college students and general public, shall
22 have been actively engaged in teaching or providing related
23 educational, administrative or supervisory services in a
24 public school or approved institution of higher education
25 with approved teacher education programs for at least five of
26 the eight years immediately preceding their appointment. A
27 person appointed to the commission who leaves this
28 Commonwealth to become domiciled in another state or whose
29 employment status changes to a category different from that
30 for which he was appointed shall have his position on the
19810H1300B2899 - 462 -
1 commission deemed vacated.
2 (d) Power and duties.--The commission shall have the power
3 and its duty shall be:
4 (1) To recommend to the State board standards for
5 certification of teachers to render professional services in
6 the public schools of this Commonwealth and for accreditation
7 of teacher education programs and to evaluate teacher
8 education and certification program services and activities
9 to determine the effectiveness in terms of the annual and
10 long-range program plans and to recommend changes to the
11 State board as indicated by the evaluations.
12 (2) To recommend to the State board standards of
13 professional practice for teachers in public schools.
14 (3) To recommend to the State board procedures which
15 assure that actions concerning suspension, annulment or
16 revocation of teaching certificates shall comply with due
17 process except that this paragraph does not confer upon the
18 State board the authority to suspend, annul or revoke
19 teaching certificates other than as is otherwise provided in
20 law.
21 (4) To require the department to furnish all information
22 the commission deems necessary to exercise its functions
23 under this section.
24 (5) To adopt rules and regulations as may be necessary
25 to carry out the purposes of this section.
26 (6) To hold public hearings and take testimony
27 concerning proposed recommendations which shall be presented
28 to the State board.
29 (e) Organization and meetings.--The commission shall
30 annually select a chairman and vice chairman by ballot. Meetings
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1 shall be held at least four times a year at the call of the
2 chairman or upon request in writing of a majority of the members
3 of the commission. A majority shall constitute a quorum and a
4 majority of the quorum shall have authority to act upon any
5 matter properly before the commission. Meetings of the
6 commission shall be open to the public and the director of
7 professional standards and practices shall be responsible for
8 seeing that notices of meetings of the commission are properly
9 circulated. The commission shall keep minutes of its meetings
10 and report annually to the Governor, the General Assembly, the
11 teaching profession and the public.
12 (f) Compensation and expenses.--Members of the commission
13 shall receive no compensation for their services but shall be
14 reimbursed for their actual and necessary expenses incurred in
15 the performance of official commission business. Reimbursement
16 for expenses shall not exceed the greater of the following
17 amounts:
18 (1) The sum of $50 per day for food and lodging and 17¢
19 per mile for travel by automobile.
20 (2) Amounts for traveling expenses determined by the
21 Commissioner of Internal Revenue under the authority of
22 section 274 of the Internal Revenue Code of 1954 and
23 regulations promulgated thereunder as not requiring
24 substantiation by adequate records or other sufficient
25 evidence.
26 A member of the commission who is an employee of an agency of
27 the Commonwealth or any of its political subdivisions shall be
28 permitted to attend commission meetings and perform other
29 commission duties without loss of income or other benefits. A
30 member of the commission who is employed by a private employer
19810H1300B2899 - 464 -
1 shall be reimbursed for any income lost as a result of
2 attendance at commission meetings or performance of other
3 official commission duties.
4 (g) Director, staff and facilities.--There shall be a
5 director of professional standards and practices who shall serve
6 as the executive officer and secretary of the commission. The
7 director shall be appointed by the Secretary of Education after
8 consultation with the commission. The department shall provide
9 adequate space, equipment, staff, secretarial and administrative
10 assistance to facilitate the activities of the commission.
11 (h) Construction of section.--This section shall not be
12 construed to prevent organizations of the teaching profession
13 from adopting measures designed to improve the standards and
14 practices of ethics and academic freedom among their members and
15 in their relationships with other persons and groups.
16 § 5113. Emergency certificates and substitutes.
17 (a) Emergency certificates.--The State board shall provide
18 for issuance of certificates to meet such shortages of
19 professional employees as may occur when no certificated
20 personnel are available.
21 (b) Substitutes.--
22 (1) Substitute teachers shall be certified in the area
23 of instruction for which they are to be employed.
24 (2) A certified teacher may be employed as a substitute
25 to teach in an area outside of his certification when a
26 substitute certified in the area to be employed cannot be
27 obtained.
28 (3) The State board shall promulgate regulations making
29 it possible to hire substitute teachers without certificates
30 where properly certificated substitute teachers cannot be
19810H1300B2899 - 465 -
1 obtained.
2 § 5114. Provisional and intern certificates.
3 (a) Provisional certificates.--
4 (1) The department may grant a provisional certificate
5 to any person who presents satisfactory evidence of:
6 (i) Good moral character.
7 (ii) Completion of an approved teacher education
8 program.
9 (iii) Mental and physical fitness as attested to by
10 a licensed physician.
11 (iv) Completion of other specialized work as may be
12 required by the regulations of the State board.
13 (v) Except for trade and industry teachers,
14 graduation from an approved four year institution of
15 higher education.
16 (2) The certificate shall entitle the holder to:
17 (i) Serve for three school years.
18 (ii) Have the certificate renewed for one additional
19 three-year period in accordance with the rules and
20 regulations prescribed by the State board.
21 (b) Intern certificates.--
22 (1) The department may grant an intern certificate to
23 any person who presents satisfactory evidence of:
24 (i) Graduation from an approved four-year
25 institution of higher education.
26 (ii) Completion of a program of study in an area of
27 specialty equal to that required for the issuance of a
28 provisional certificate.
29 (iii) Good moral character.
30 (iv) Mental and physical fitness as attested to by a
19810H1300B2899 - 466 -
1 licensed physician.
2 (v) Enrollment in an approved program of intern
3 education that meets the requirements of professional
4 preparation equal to that required for the issuance of a
5 provisional certificate.
6 (2) Persons holding intern certificates may only perform
7 under proper supervision. All supervision shall be performed
8 by a certificated professional employee.
9 (3) Persons holding intern certificates, except
10 vocational intern certificates, shall perform for an initial
11 12-week preparatory period in their area of assigned
12 responsibility under direct and daily supervision.
13 Thereafter, the frequency of direct supervision shall be no
14 less than once a week. The initial 12-week preparatory period
15 shall be served without compensation unless the intern
16 certificate holder has completed 12 weeks of student teaching
17 without compensation.
18 (4) Persons holding intern certificates shall have all
19 the rights of professional employees contained in Subchapters
20 C (relating to employment rights of professional personnel)
21 and D (relating to leave and retirement benefits).
22 (5) The department, in accordance with regulations of
23 the State board, may waive the graduation requirements for
24 applicants for vocational intern certificates.
25 (6) No person shall hold an intern certificate for more
26 than three years.
27 (c) Construction of section.--This section does not prevent
28 a school entity from engaging in a student teacher program in
29 cooperation with an institution of higher learning as long as
30 the students are properly supervised by professional employees.
19810H1300B2899 - 467 -
1 § 5115. Permanent certification.
2 (a) Eligibility.--The department shall issue a permanent
3 certificate to every individual who holds a provisional
4 certificate and presents satisfactory evidence of:
5 (1) Good moral character.
6 (2) Three years of satisfactory professional experience
7 on a provisional certificate in any approved elementary or
8 secondary school, or in private institutions from which the
9 department purchases services on a tuition basis or in State-
10 aided or State-owned schools.
11 (3) Completion of such professional work as may be
12 required by the regulations of the State board.
13 (b) Requirements and term.--Requirements for permanent
14 certification shall not exceed those in effect at the time of
15 issuance of the provisional certificate. Permanent certificates
16 shall be valid for life unless revoked for proper cause.
17 (c) Rights of person denied certificate.--Persons denied the
18 issuance of a professional certificate shall have all rights
19 provided by Title 2 (relating to administrative law and
20 procedure).
21 § 5116. Certification of personnel from other states and
22 countries.
23 The department may issue the appropriate professional
24 certificates directly to qualified applicants from other states
25 and other countries whose professional requirements are
26 equivalent to those of the Commonwealth and who demonstrate
27 proficiency in reading, writing and speaking the English
28 language.
29 § 5117. Existing professional certificates.
30 Any professional certificate in force in this Commonwealth on
19810H1300B2899 - 468 -
1 the effective date of this title shall continue in full force
2 and effect subject to all the terms and conditions under which
3 it was issued until it expires by virtue of its own limitation.
4 § 5118. Other professional certificates.
5 Any certificate issued prior to 1954 and in force in this
6 Commonwealth at the time this chapter takes effect shall become
7 permanent and no additional requirements shall be added
8 hereafter to keep them in full force and effect or otherwise to
9 validate the certificates provided the holders of the
10 certificates have satisfactorily taught at least ten years in
11 the public or nonpublic schools, or both, of this Commonwealth
12 and have earned at least 90 semester credit hours of
13 undergraduate or graduate study.
14 § 5119. Suspension and revocation of professional certificates.
15 (a) General rule.--Any professional certificate may be
16 suspended or revoked by the secretary for any of the following
17 reasons:
18 (1) Incompetence.
19 (2) Cruelty.
20 (3) Negligence.
21 (4) Immorality.
22 (5) Intemperance.
23 (b) Conviction of crime.--The secretary shall revoke the
24 professional certificate or commission of a person convicted of
25 a felony for violation of any law (including those laws relating
26 to the sale, use or possession of controlled drug substances) or
27 convicted of murder of the first or second degree whenever a
28 certified copy of the judgment and sentence of the court has
29 been filed with the department. The secretary shall reinstate
30 the certificate or commission as in any case where:
19810H1300B2899 - 469 -
1 (1) on final appeal the judgment is reversed; or
2 (2) after hearing, the department deems that
3 reinstatement is just and proper.
4 (c) Rights protected.--The professional affected by any
5 proceeding to revoke or suspend shall be entitled to prior
6 notice and hearing and all other protections provided by Title 2
7 (relating to administrative law and procedure).
8 § 5120. Assurance of certification and proper assignment.
9 (a) General rule.--The chief commissioned officer in each
10 school entity shall be responsible for assuring that all
11 professional employees in that school entity are certificated
12 and properly assigned in their area or areas of certification.
13 (b) Records of certificates.--Every chief commissioned
14 officer shall keep an accurate record of all valid certificates
15 held by employees of the schools within his jurisdiction and
16 shall file the records with the department not later than
17 October 31 of the current school year.
18 § 5121. Penalty for serving without a certificate.
19 (a) Criminal penalties.--Any person serving in the public
20 schools who has knowingly misrepresented his certification
21 commits a misdemeanor of the second degree. The department shall
22 report to the proper local district attorney the name and other
23 pertinent information he may have regarding such person.
24 (b) Other appropriate action.--The Secretary of Education
25 shall take such appropriate action as he deems necessary as
26 provided for in this title.
27 § 5122. Permanent registration of certificated personnel.
28 The department shall provide for the permanent recording and
29 registration of persons certificated to serve as professional
30 employees in the public schools of this Commonwealth.
19810H1300B2899 - 470 -
1 § 5123. Department waiver of certification requirements.
2 (a) General rule.--The department may grant a waiver of
3 certification requirements for a period not to exceed one year
4 for a certificated professional employee currently employed by
5 or on furlough from a school entity when the school entity
6 submits a written waiver request containing the following:
7 (1) The reason for the waiver.
8 (2) A program of study being followed by the employee to
9 secure certification in the new position.
10 (3) The period of time necessary for the employee to
11 secure certification in the new position.
12 (4) A statement showing the employee's application for
13 placement in the new position.
14 (5) A statement that the employee has completed 12
15 semester credit hours in the area for which the waiver is
16 requested.
17 (b) Employee to pursue certification.--The employee for whom
18 the waiver is granted shall pursue certification as outlined in
19 the school entity's waiver request. Failure to do so shall
20 result in a revocation of the waiver.
21 (c) Restrictions.--A professional employee for whom a waiver
22 is granted shall not be permitted to fill a position vacated by
23 a furloughed employee.
24 SUBCHAPTER C
25 EMPLOYMENT RIGHTS OF PROFESSIONAL PERSONNEL
26 Sec.
27 5131. Contract between board and employee.
28 5132. Tenure.
29 5133. Promotions and transfers.
30 5134. Ratings.
19810H1300B2899 - 471 -
1 5135. Furlough of employee from staff reduction.
2 5136. Criteria for furlough and reinstatement.
3 5137. Compulsory retirement and resignation.
4 5138. Causes for dismissal, suspension or demotion.
5 5139. General procedures in disciplinary proceedings.
6 5140. Issuance of subpoenas to witnesses.
7 5141. Notice and effect of board decision.
8 5142. Appeals to department SECRETARY. <--
9 5143. Appeals to court.
10 5144. Powers and duties of school entities concerning
11 salaries.
12 5145. Substitute teachers.
13 5146. PART-TIME EMPLOYEES. <--
14 § 5131. Contract between board and employee.
15 Each governing board shall hereafter enter into contracts, in
16 writing, with each tenured professional employee. The contracts
17 shall contain only the following:
18 It is agreed by and between (name), professional employee
19 and the board of directors (or board of public education) of
20 the school entity of (name) Pennsylvania, that said
21 professional employee shall, under the authority of the said
22 board and its successors, and subject to the supervision and
23 authority of the properly authorized commissioned officer,
24 serve as a professional employee in the said school entity
25 for a term of (number) months (or days), for an annual
26 compensation of (amount) payable monthly, semimonthly or
27 biweekly during the school term or calendar year, less the
28 contribution required by law to be paid to the Public School
29 Employees' Retirement Fund, and less other proper deductions
30 for loss of time or other lawful cause.
19810H1300B2899 - 472 -
1 This contract is subject to the provisions of the Public
2 School Code and the amendments thereto.
3 And it is further agreed by the parties hereto that none
4 of the provisions of the Public School Code may be waived
5 either orally or in writing, and that this contract shall
6 continue in force year after year, with the right of the
7 governing board to increase the compensation over the
8 compensation herein stated, from time to time, as may be
9 provided under the provisions and proper operation of the
10 established salary schedule, if any, for the school entity,
11 subject to the provisions of law, without invalidating any
12 other provision of this contract, unless terminated by the
13 professional employee by written resignation presented 60
14 days before resignation becomes effective, or by the
15 governing board by official written notice presented to the
16 professional employee: Provided, That the said notice shall
17 designate the cause for the termination and shall state that
18 an opportunity to be heard shall be granted if the said
19 professional employee, within ten days after receipt of the
20 termination notice, presents a written request for such
21 hearing.
22 § 5132. Tenure.
23 (a) Probationary period.--A professional employee shall
24 receive tenure status upon the completion of a probationary
25 period of two consecutive years of satisfactory service in the
26 same school entity in the type of position for which he has been
27 certificated. No professional employee shall receive tenure
28 status for his position upon the completion of the probationary
29 period unless the employee is the holder of a valid professional
30 certificate for the area in which he performed during his
19810H1300B2899 - 473 -
1 probationary period.
2 (b) Satisfactory rating.--A professional employee who has
3 received a satisfactory rating for the last semiannual period of
4 his probationary period, or for any semiannual period
5 thereafter, shall receive tenure status. Tenure shall vest on
6 the last day of the second school year of satisfactory service
7 or, if a satisfactory rating is not received for the last
8 semiannual period of the probationary period, on the date of the
9 first semiannual satisfactory rating thereafter.
10 (c) Effect of leave of absence.--An authorized leave of
11 absence without pay of more than ten days duration during the
12 probationary period shall extend the time an employee must serve
13 before being entitled to tenure by a period equivalent to the
14 length of the leave.
15 (d) Record and notification of tenure.--The attainment of
16 tenure status shall be recorded in the records of the governing
17 board and written notification thereof shall be sent to the
18 employee. A professional employee who is entitled to tenure
19 shall not be denied tenure if the governing board fails to
20 record the attainment of tenure status in its records.
21 (e) Denial of tenure.--Any professional employee who is
22 denied tenure for a position shall be given a written statement
23 signed by the president and secretary of the board setting forth
24 explicitly the reasons for the denial.
25 § 5133. Promotions and transfers.
26 (a) Definition.--As used in this section "vacant position"
27 means a position vacated by death, retirement, resignation or
28 dismissal to which no employee is returning after an approved
29 leave of absence or for which no furloughed employee has rights
30 under section 5136 (relating to criteria for furlough and
19810H1300B2899 - 474 -
1 reinstatement).
2 (b) Same school entity.--A professional employee who has
3 earned tenure in a position with a school entity who is promoted
4 to a position as a supervisor or school administrator as defined
5 in section 5101 (relating to definitions) shall serve a
6 probationary period of two years before earning tenure in that
7 new position. If the employee is denied tenure in the new
8 position, the employee shall be offered the first vacant
9 position for which he is tenured without loss of seniority at
10 the salary, including any increases, which the employee would be
11 earning had the new position not been taken. If the employee,
12 after acquiring tenure, desires to return to teaching or becomes
13 unsatisfactory in the administrative or supervisory position,
14 the school entity shall offer the employee the first vacant
15 position in which he is tenured without loss of seniority at the
16 salary, including any increases, which the employee would be
17 earning had the new position not been taken.
18 (c) Other school entity.--A professional employee who has
19 earned tenure in a position who takes a position with another
20 school entity shall be tenured in that new position except that
21 a professional employee who has earned tenure in a position
22 other than that of a supervisor or school administrator who
23 takes a position as a supervisor or school administrator with
24 another school entity shall serve a two-year probationary period
25 before earning tenure in that new position. If the employee is
26 denied tenure in the new position, the employee shall be offered
27 by the new entity the first vacant position in which he is
28 tenured without loss of seniority at the salary, including any
29 increases, which the employee would be earning had the new
30 position not been taken. If the employee, after acquiring
19810H1300B2899 - 475 -
1 tenure, desires to return to teaching or becomes unsatisfactory
2 in the administrative or supervisory position, the school entity
3 shall offer the employee the first vacant position in which he
4 is tenured without loss of seniority at the salary, including
5 any increases, which the employee would be earning had the new
6 position not been taken.
7 § 5134. Ratings.
8 (a) Frequency.--All untenured professional employees shall
9 be rated at least semiannually by approved rating systems and
10 all tenured professional employees shall be rated at least
11 annually in accordance with official rating systems of the
12 department or of the school entity if the systems of the school
13 entity are approved by the department. The systems shall be
14 established by the department with the cooperation and advice of
15 a committee appointed by the secretary, including representation
16 from district superintendents of schools, classroom teachers,
17 school directors, school supervisors and such other groups or
18 interests as the secretary deems appropriate.
19 (b) Official rating systems.--Rating systems shall be
20 adopted or approved by the department which shall give due
21 consideration to such factors as preparation, seniority
22 technique and student reaction in accordance with State board
23 regulations.
24 (c) Personnel performance rating.--Rating shall be done by
25 or under the supervision of the chief commissioned officer of
26 the school entity or, if so directed by him, the rating may be
27 done by another commissioned officer, a supervisor or a
28 principal who has supervision over the work of the professional
29 employee who is being rated. No unsatisfactory rating shall be
30 valid unless approved by the chief commissioned officer and
19810H1300B2899 - 476 -
1 distributed to professional employees who are rated at least
2 annually, no later than 20 calendar days prior to the close of
3 the school year, and to professional employees who are rated at
4 least semiannually, no later than 20 calendar days prior to the
5 close of a semester.
6 (d) Record and notification of rating.--It shall be the duty
7 of each governing board to establish a permanent record system
8 containing ratings for each professional employee employed
9 within the school entity. Copies of all ratings and
10 recommendations for unsatisfactory rating shall be transmitted
11 to the professional employee within ten days following the
12 receipt of the rating or recommendation by the chief
13 commissioned officer.
14 (e) Limitation on dismissals.--No professional employee
15 shall be dismissed for incompetence unless all the requirements
16 of this section have been met.
17 § 5135. Furlough of employee from staff reduction.
18 A governing board may furlough a professional employee for
19 the following reasons:
20 (1) Substantial decrease in student enrollment in the
21 school district.
22 (2) Substantial decline in class or course enrollments
23 necessitating curtailment or alteration of the educational
24 program or observation of new organizational structures or
25 reorganization of the administrative structure or
26 establishment of new educational activities required by law.
27 All furloughs so effected shall occur upon the recommendation
28 of the chief commissioned officer of the school entity,
29 concurred in by the governing board.
30 (3) To effect necessary expenditure economies in
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1 accordance with prudent fiscal management of the affairs of
2 the school system. THIS REASON SHALL ONLY BE USED IN <--
3 CONJUNCTION WITH PROMOTIONS OCCURRING IN THE SAME SCHOOL
4 ENTITY PURSUANT TO SECTION 5133(B) (RELATING TO PROMOTIONS
5 AND TRANSFERS).
6 (4) Consolidation of school districts or cooperation
7 between school districts, as provided by law, when the
8 consolidation makes it unnecessary to retain the full staff
9 of professional employees.
10 § 5136. Criteria for furlough and reinstatement.
11 (a) General rule.--Professional employees shall be
12 furloughed under section 5135 (relating to furlough of employee
13 from staff reduction) in inverse order of seniority within the
14 school entity of current employment. Approved leaves of absence
15 shall not constitute a break in service for purposes of
16 computing seniority for furlough purposes. Seniority shall
17 continue to accrue during furlough and all approved leaves of
18 absence.
19 (b) Seniority following consolidation.--Where there is or
20 has been a consolidation of schools, departments or programs,
21 all professional employees shall retain the seniority rights
22 they had prior to the reorganization or consolidation.
23 (c) Realignment of professional staff.--A school entity
24 shall realign its professional staff so as to ensure that more
25 senior employees are provided with the opportunity to fill
26 positions for which they are certificated and which are being
27 filled by less senior employees.
28 (d) Rights of furloughed employees.--
29 (1) No furloughed employees shall be prevented from
30 engaging in another occupation during the period of furlough.
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1 (2) Furloughed professional employees shall be
2 reinstated on the basis of their seniority within the school
3 entity. No new appointment shall be made while there is a
4 furloughed professional employee available who is properly
5 certificated to fill such a vacancy. For the purpose of this
6 subsection, positions for which professional employees are on
7 approved leaves of absence shall also be considered temporary
8 vacancies.
9 (3) To be considered available a furloughed professional
10 employee must annually report to the governing board in
11 writing his current address and his intent to accept the same
12 or similar position when offered.
13 (4) A furloughed employee enrolled in a college program
14 during a period of furlough and who is recalled shall be
15 given the option of delaying his return to service until the
16 end of the current semester.
17 (e) Collective bargaining agreements.--Nothing contained in
18 this section shall be construed to supersede or preempt any
19 provisions of a collective bargaining agreement negotiated by a
20 school entity and an exclusive representative of the employees
21 in accordance with the act of July 23, 1970 (P.L.563, No.195),
22 known as the "Public Employe Relations Act." However, no
23 agreement shall prohibit the right of a professional employee
24 who is not a member of a bargaining unit from retaining
25 seniority rights under the provision of this act.
26 (f) Local Agency Law.--A decision to furlough in accordance
27 with this section shall be considered an adjudication within the
28 meaning of Title 2 (relating to administrative law and
29 procedure).
30 § 5137. Compulsory retirement and resignation.
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1 (a) Retirement.--The governing board of any school entity
2 may terminate the service of any professional employee who has
3 attained the age of 70.
4 (b) Resignation.--A professional employee who intends to
5 resign shall submit a written resignation to the proper officer
6 of the governing board 60 days before the resignation becomes
7 effective.
8 § 5138. Causes for dismissal, suspension or demotion.
9 (a) Dismissal or suspension.--The only valid causes for
10 dismissing or suspending a professional employee shall be
11 immorality, incompetency, intemperance, cruelty, persistent
12 negligence, mental derangement, conviction of treason and
13 persistent and willful violation of the school laws of this
14 Commonwealth on the part of the professional employee. No
15 professional employee shall be dismissed for incompetency unless
16 he has received at least two consecutive unsatisfactory ratings.
17 (b) Suspension procedure.--
18 (1) A governing board may suspend a professional
19 employee with pay until a hearing is held or without pay
20 after a hearing. A suspension without pay shall not exceed 30
21 working days in length.
22 (2) The chief commissioned officer of the school entity
23 may suspend a professional employee with pay for a period not
24 to exceed 60 days or the next meeting of the governing board,
25 whichever shall occur first.
26 (3) No professional employee shall be suspended by the
27 chief commissioned officer of the school entity more than
28 once for the same incident within the same school year.
29 (c) Demotion.--Except where reassignment is necessary as
30 provided in sections 5135 (relating to furlough of employee from
19810H1300B2899 - 480 -
1 staff reduction) and 5136 (relating to criteria for furlough and
2 reinstatement), no professional employee shall be demoted in
3 status or salary except for incompetency.
4 § 5139. General procedures in disciplinary proceedings.
5 (a) Filing charges.--Charges against a professional employee
6 for any of the reasons specified in section 5138 (relating to
7 causes for dismissal, suspension or demotion) shall be filed in
8 writing with the secretary of the governing board by the
9 complainant, who may be any person, or the governing board
10 itself. The governing board shall review the charges in
11 executive session and determine by a majority vote of the
12 members whether there is sufficient basis for taking action
13 against the employee and, if so, the action that is to be taken.
14 If the governing board decides to take action, it shall follow
15 the procedures provided in this section.
16 (b) Notice of charges and rights.--Whenever a governing
17 board intends to dismiss, suspend or demote a professional
18 employee, the employee shall be notified of such action within
19 ten days with a detailed statement of reasons or charges upon
20 which the action is based, in writing by certified mail, signed
21 by the duly designated officer of the governing board. The
22 notification shall also inform the employee of his rights to a
23 hearing.
24 (c) Right to hearing.--If the professional employee does not
25 consent to the proposed dismissal, demotion or suspension, the
26 employee shall be given a hearing unless waived by the employee
27 in writing within 60 days of receiving notice.
28 (d) Effective date of disciplinary action.--No professional
29 employee shall be dismissed, demoted or suspended for any of the
30 reasons stated in section 5138 without the employee's consent,
19810H1300B2899 - 481 -
1 or if such consent is not received, then not until a hearing has
2 been held and the decision of the governing board has been
3 rendered. A suspension with pay as provided for in section
4 5138(b) may occur prior to a hearing.
5 (e) Hearing date and procedures.--A hearing shall be held
6 before the governing board or a committee thereof or, in the
7 case of an area vocational-technical school, before the
8 operating committee not sooner than ten days nor later than 15
9 days after receipt of the written statement of charges by the
10 employee. The professional employee shall be given:
11 (1) Reasonable notice of the time and place of the
12 hearing.
13 (2) Reasons for the proposed disciplinary action.
14 (3) Names of the complainants.
15 (4) The opportunity to hear all witnesses testifying
16 against the employee.
17 (5) The opportunity to examine such witnesses.
18 (6) The opportunity to offer testimony.
19 (7) The right to be represented by counsel.
20 At the hearing, the governing board shall first present its case
21 supporting the action being contested. The professional employee
22 shall then have the opportunity to be heard in person or by
23 counsel, or both. At such hearings all testimony offered,
24 including that of complainants and their witnesses, as well as
25 that of the professional employee and his witnesses, shall be
26 recorded by a competent disinterested public stenographer whose
27 services shall be furnished by the governing board at its
28 expense. The hearing shall be public unless the professional
29 employee requests otherwise.
30 (f) Vote required for decision.--
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1 (1) No tenured professional employee shall be dismissed,
2 demoted, or suspended without pay for disciplinary reasons
3 except after the governing board has given full, impartial
4 and unbiased consideration of the evidence presented at the
5 hearing and has, by a two-thirds vote of the legally
6 qualified members thereof to be recorded by roll call,
7 determined that the action is proper and supported by a
8 preponderance of the evidence. If the members of the
9 governing board are unable to reach agreement by two-thirds
10 vote, the professional employee shall be retained and the
11 proposed action dismissed.
12 (2) Decisions concerned with suspension occurring under
13 section 5138, the dismissal of a nontenured professional
14 employee for incompetency or allegations that the
15 professional employee has been demoted shall be rendered by a
16 majority vote of the members of the governing board. If an
17 employee's allegations that he has been demoted are
18 sustained, the demotion itself must be sustained by a two-
19 thirds vote as required in paragraph (1).
20 (g) Waiver of time limitations.--The time limitations
21 contained in this section shall be strictly construed, but
22 reasonable continuances of limited duration may be granted for
23 good cause.
24 § 5140. Issuance of subpoenas to witnesses.
25 The governing board shall have power to issue subpoenas
26 requiring the attendance of witnesses at any hearing and shall
27 do so at the request of the party against whom a complaint is
28 made. If any person shall refuse to appear and testify in answer
29 to any subpoena issued by the board, any party interested may
30 petition the court of common pleas setting forth the facts,
19810H1300B2899 - 483 -
1 which court shall thereupon issue its subpoena commanding the
2 person to appear before it and there to testify as to the
3 matters being inquired into. Any person refusing to testify
4 before the court shall be held in contempt. All testimony at any
5 hearing shall be taken under oath and any member of the
6 governing body shall have power to administer oaths to such
7 witnesses.
8 § 5141. Notice and effect of board decision.
9 (a) Findings and notice of decision.--The governing board <--
10 shall state in writing those findings of fact upon which the
11 decision of the board is based. ALL DECISIONS OF THE GOVERNING <--
12 BOARD SHALL BE IN WRITING AND SHALL CONTAIN FINDINGS OF FACT AND
13 THE REASONS FOR THE DECISION. A written notice of any hearing
14 decision of the governing board shall be sent by certified mail
15 to the professional employee at his last known address within 30
16 days after the hearing is concluded.
17 (b) Effect of favorable decision.--In all cases where the
18 final decision is in favor of the professional employee the
19 charges made shall be physically expunged from the records of
20 the governing board. In all cases there shall be no abatement of
21 salary or compensation. A complete official transcript of the
22 records of the hearing shall be delivered to the one against
23 whom the charges were made.
24 § 5142. Appeals to department SECRETARY. <--
25 (a) Filing of appeal.--In case a tenured professional
26 employee considers himself aggrieved by the decision of the
27 governing board, an appeal by petition, setting forth the
28 grounds for the appeal, may be taken to the Secretary of
29 Education. The appeal shall be filed within 30 days after
30 receipt by certified mail of the written notice of the decision
19810H1300B2899 - 484 -
1 of the governing board. A copy of the appeal shall be served by
2 certified mail on the secretary of the governing board.
3 (b) Time and notice of hearing.--The secretary shall fix a
4 day and time for hearing, which shall be not sooner than ten
5 days nor more than 45 days after presentation of the petition,
6 and shall give written notice to all parties interested.
7 (c) Hearing procedure.--The secretary shall review the
8 official transcript of the record of the hearing and may hear
9 and consider such additional testimony as he may deem advisable
10 to enable him to make a proper order. At the hearing the parties
11 shall have the right to be heard in person or by counsel or
12 both.
13 (d) Decision.--After hearing and argument and reviewing all <--
14 the testimony filed or taken before him, the secretary shall,
15 within 60 days, enter an appropriate order as to him appears
16 just and proper either affirming or reversing the decision of
17 the governing board. THE SECRETARY OR HIS DESIGNEE, WITHIN 90 <--
18 DAYS OF THE DATE OF THE HEARING OR THE DUE DATE OF THE FINAL
19 PAPER FILED, WHICHEVER OCCURS LATER, BUT IN ANY EVENT NOT LONGER
20 THAN 120 DAYS AFTER THE DATE OF THE HEARING, SHALL ENTER SUCH
21 ORDER AS TO THE SECRETARY SEEMS JUST AND PROPER. THE FAILURE OF
22 THE SECRETARY OR HIS DESIGNEE TO ENTER A DECISION AND ORDER
23 WITHIN THE TIME LIMIT PROVIDED IN THIS SECTION SHALL CONSTITUTE
24 AN AFFIRMANCE OF THE DECISION OF THE BOARD OF SCHOOL DIRECTORS.
25 THE FINDINGS AND REASONS FOR THE DECISION OF THE BOARD OF SCHOOL
26 DIRECTORS SHALL BE ADOPTED BY THE SECRETARY OF EDUCATION.
27 (e) Appeals of nontenured professional employees.--Appeals
28 of nontenured professional employees may be taken in accordance
29 with the provisions of Title 2 (relating to administrative law
30 and procedure).
19810H1300B2899 - 485 -
1 § 5143. Appeals to court.
2 The ruling or decision of the secretary shall be final unless
3 an appeal is taken in accordance with the provisions of Title 2
4 (relating to administrative law and procedure).
5 § 5144. Powers and duties of school entities concerning
6 salaries.
7 (a) Salary schedules.--The governing board of any school
8 entity may SHALL establish a salary schedule with increments for <--
9 all members of the teaching and supervisory staff. Governing
10 boards may increase for any person or group of persons, included
11 in any schedule, the initial salary or the amount of an
12 increment or the number of increments.
13 (b) Temporary or emergency salary increases.--In addition to
14 the salaries provided for by this title, the governing board of
15 each school entity may grant temporary or emergency increases in
16 salaries to members of its teaching or supervisory staff for any
17 period, and to discontinue such increases at the end of the
18 period for which the same were granted. In order to pay the
19 amount of salary increase, the governing board may revise its
20 budget by increasing its appropriation or appropriations for
21 salaries of members of the teaching and supervisory staffs of
22 the entity for any year. The funds therefor shall be provided
23 from unexpended balances in existing appropriations, from
24 unappropriated revenue, if any, or from temporary loans.
25 (c) Salary adjustments to conform to work load.--Teachers
26 who are required, because of additional work, to devote more
27 than the usual number of periods per day to their duties shall
28 be entitled to a fair increase in compensation to be determined
29 by the governing board. Teachers who may be employed in giving
30 instruction for only part of a day shall render such other
19810H1300B2899 - 486 -
1 service for such period of time per day as the board may direct,
2 but if such service cannot be assigned to such teacher by the
3 board, the salary paid to such teacher shall be proportioned to
4 the number of hours of service rendered.
5 (d) Emergency school closings.--When a governing board is
6 compelled to close any school or schools on account of
7 contagious disease, natural disaster or other emergency, not
8 including labor disputes involving school employees, the
9 governing board shall be liable for the salary of the employees
10 for such period, at the rate of compensation stipulated in the
11 contract between the entity and the employee, whether or not the
12 services of the employee are utilized elsewhere in the school
13 entity. No employee of any school closed by reason of an
14 emergency shall receive more or less compensation than that to
15 which the employee would otherwise have been entitled to from
16 the governing board had the emergency not occurred and no
17 employee shall receive additional salary for services rendered
18 on days or for hours rescheduled as a result of an emergency
19 unless the number of days rescheduled extends the number of days
20 provided for in the original school calendar in which case an
21 employee shall receive a pro rata increase for the additional
22 days. Natural disaster shall not include snow days or any other
23 emergency which could reasonably be anticipated and provided for
24 in the school calendar.
25 § 5145. Substitute teachers.
26 (a) Employment.--Substitute teachers properly qualified in
27 accordance with section 5111 (relating to requirement of
28 professional certification) or 5113 (relating to emergency
29 certificates and substitutes) may be employed to perform the
30 duties of a regular professional employee only during the time a
19810H1300B2899 - 487 -
1 professional employee is absent.
2 (b) Salary.--Substitute teachers shall be paid at a rate not
3 less than the minimum salary provided for in accordance with
4 section 5144 (relating to powers and duties of school entities
5 concerning salaries) or, in the event they are employed for less
6 than a full school year, the proportionate part of such minimum
7 salary equal to the proportionate part of the school year during
8 which they were employed, determined dividing the number of days
9 during which a substitute was employed by the total number of
10 days the schools of the school entity were in session during the
11 school year.
12 § 5146. PART-TIME EMPLOYEES. <--
13 PART-TIME PROFESSIONAL EMPLOYEES SHALL BE PAID A SALARY
14 PROPORTIONATE TO AT LEAST THE MINIMUM SALARY OF FULL-TIME
15 PROFESSIONAL EMPLOYEES ESTABLISHED PURSUANT TO THAT SET FORTH
16 FOR FIRST LEVEL EMPLOYEES UNDER THE COLLECTIVE BARGAINING
17 AGREEMENT OF THE SCHOOL ENTITY.
18 SUBCHAPTER D
19 LEAVE AND RETIREMENT BENEFITS
20 Sec.
21 5151. Right to sabbatical leave.
22 5152. Salary while on sabbatical leave.
23 5153. Priority and number of sabbatical leaves.
24 5154. Failure to return following sabbatical leave.
25 5155. Regulations governing sabbatical leave.
26 5156. Military service leave.
27 5157. Military training leave.
28 5158. Right to sick leave.
29 5159. Transfer of accumulated sick leave.
30 5160. Regulations governing sick leave.
19810H1300B2899 - 488 -
1 5161. Bereavement leave.
2 5162. Leave to serve as teacher in foreign country.
3 5163. Leave for maternity purposes.
4 5164. Leave with or without pay.
5 5165. Retirement.
6 § 5151. Right to sabbatical leave.
7 (a) General rule.--Any person employed in the public school
8 system of this Commonwealth, who has completed ten years of
9 satisfactory service as a professional employee or member of the
10 supervisory, instructional or administrative staff or as
11 commissioned officer in any school entity, shall be entitled to
12 a sabbatical leave of absence for restoration of health, study
13 or travel or, at the discretion of the governing board, for
14 other purposes. Thereafter, one sabbatical leave of absence
15 shall be allowed after each seven years of service. Sabbatical
16 leave shall be for a half or full school year or for two half
17 school years during a period of two school years, at the option
18 of such person subject to conditions described hereinafter.
19 (b) Service in school entity.--At least five consecutive
20 years of service shall have been in the school entity from which
21 leave of absence is sought, unless the governing board shall in
22 its discretion allow a shorter time. Professional employees or
23 commissioned officers of area vocational-technical schools or
24 intermediate units shall be entitled to count prior service in
25 participating school districts toward the service requirement of
26 this subsection.
27 (c) Extended leave due to illness.--
28 (1) If a sabbatical leave for one-half school year or
29 its equivalent has been granted and the person is unable to
30 return to school service because of illness or physical
19810H1300B2899 - 489 -
1 disability, the person, upon written request prior to the
2 expiration of the original leave, shall be entitled to a
3 further sabbatical leave for one-half school year or its
4 equivalent.
5 (2) If a sabbatical leave for a full school year or its
6 equivalent has been granted and the person is unable to
7 return to school service because of illness or physical
8 disabilities, the governing board may extend the sabbatical
9 leave for such periods as it may determine but the extension
10 shall not exceed one full school year or its equivalent.
11 (d) Agreement to return.--No sabbatical leave of absence
12 shall be granted unless the person shall agree in writing to
13 return to employment with the school entity for a period of not
14 less than one school term immediately following such leave of
15 absence.
16 (e) Retention of rights.--No sabbatical leave shall be
17 considered a termination or breach of contract and the employee
18 on sabbatical leave shall be returned to the same position in
19 the same school or schools he occupied previously. Every
20 employee on sabbatical leave shall be considered in regular
21 full-time daily attendance in the position from which leave was
22 taken during the period of such leave for the purpose of
23 determining his length of service, rights to salary increases,
24 retirement benefits and sabbatical leave benefits, as provided
25 by law.
26 (f) Receipt of education grants.--This chapter shall not be
27 construed to prevent an employee on sabbatical leave from
28 receiving an education grant for further study from any
29 institution of learning.
30 (g) Accumulations.--A sabbatical year must be taken during <--
19810H1300B2899 - 490 -
1 one school year and may not be accumulated. A year on sabbatical
2 leave does not count as a year toward the next sabbatical leave.
3 § 5152. Salary while on sabbatical leave.
4 (a) General rule.--The person on sabbatical leave of absence
5 shall receive one-half of his regular salary during the period
6 he is on sabbatical leave as long as the sabbatical leave is
7 used in accordance with section 5151(a) (relating to right to
8 sabbatical leave). A sabbatical leave granted to an employee
9 shall also operate as a leave without pay from all other school
10 activities.
11 (b) Retirement contributions.--The person on sabbatical
12 leave shall continue his membership in the school employees'
13 retirement system. The school entity shall pay into the
14 retirement fund the full amount required by law on the
15 employee's full salary. The amount of contribution required to
16 be paid by the employee shall be deducted from any compensation
17 payable to the employee while on leave.
18 § 5153. Priority and number of sabbatical leaves.
19 (a) Applicants entitled to preference.--Applications for
20 sabbatical leaves of absence shall be given preference according
21 to the years of service since the previous sabbatical leave of
22 the applicant and in accordance with regulations adopted by the
23 governing board.
24 (b) Limitation on number of leaves.--No school entity shall
25 limit the number of sabbatical leaves of absence granted in any
26 school year to less than 10% of the number of persons eligible
27 for such leave of absence regularly employed in such entity.
28 § 5154. Failure to return following sabbatical leave.
29 (a) Forfeiture of benefits.--Upon expiration of a sabbatical
30 leave, the requirement that the person on leave of absence shall
19810H1300B2899 - 491 -
1 return to the service of the school entity and be restored to
2 the same position in the same school or schools that he occupied
3 prior thereto, may be waived by the consent of the governing
4 board. If the governing board has not waived the obligation to
5 return to school service upon expiration of the sabbatical leave
6 and the employee fails to return, unless prevented by illness or
7 physical disability, the employee shall forfeit all benefits for
8 the period of the sabbatical leave to which said employee would
9 have been entitled under this title. Forfeiture also will apply
10 to persons violating the provisions of section 5155 (relating to
11 regulations governing sabbatical leave).
12 (b) Return of employer retirement contributions.--If the
13 employee resigns or fails to return to his employment, unless
14 the requirement to return to service is waived by the governing
15 board the amount contributed by the school entity under this
16 title to the Public School Employees' Retirement Fund shall be
17 deducted from the refund payable to the employee under existing
18 law and the amount deducted shall be refunded to the school
19 entity by which it was paid.
20 § 5155. Regulations governing sabbatical leave.
21 The governing board shall promulgate such regulations as are
22 necessary to ensure that persons granted sabbatical leave shall
23 utilize such leave properly for the purpose for which it was
24 granted and require reports from such persons as it may deem
25 necessary.
26 § 5156. Military service leave.
27 (a) Induction notice to board.--Any person who shall have
28 been regularly employed by any school entity and who shall
29 volunteer for or be inducted into military service in the Armed
30 Forces of the United States of America in time of war or during
19810H1300B2899 - 492 -
1 a state of national emergency or who shall be inducted for
2 military service in the Armed Forces of the United States of
3 America at any time shall, within 30 days after the receipt of
4 notice to report for duty, send a copy of the notice to the
5 governing board by which he is employed.
6 (b) Duty of board.--The governing board, upon verification
7 of the notice, shall record the notice in the records of the
8 governing board and shall notify the person that he shall be
9 considered to be upon military service leave for the duration of
10 such service.
11 (c) Retention of rights.--All persons on approved military
12 service leave shall be entitled to the same rights as persons
13 awarded sabbatical leaves except for salary.
14 § 5157. Military training leave.
15 Any employee of any school entity who is a member of the
16 National Guard or any reserve component of the Armed Forces of
17 the United States engaged in active service or field training
18 shall be entitled to a leave of absence from his duties without
19 loss of pay, time or efficiency rating on all days not exceeding
20 15 in any one school year. If the employee has an option as to
21 when he shall serve, he shall opt for service while school is
22 not in session.
23 § 5158. Right to sick leave.
24 (a) General rule.--In any school year, whenever a
25 professional employee or commissioned officer is prevented by
26 illness or accidental injury from performing his duties, the
27 school entity shall pay to the employee for each day of absence
28 the full salary to which the employee may be entitled as if
29 actually engaged in the performance of duty for a period of ten
30 days.
19810H1300B2899 - 493 -
1 (b) Accumulation of leave.--Any unused leave shall be
2 cumulative from year to year in the school entity of current
3 employment or its predecessors without limitation. All or any
4 part of such accumulated unused leave may be taken with full pay
5 in any one or more school years.
6 (c) Entitlement after combination of entities.--Whenever any
7 two or more school entities combine, as provided in this title,
8 the professional or commissioned persons shall be entitled to
9 the sick leave accumulated in the individual school entities
10 effecting such combination.
11 (d) Alternative payment plan.--In any school year whenever a
12 professional or nontenured professional employee is prevented by
13 illness or accidental injury from following his or her
14 occupation, the school district by written agreement with the
15 employee may, as an alternative to the payments provided in
16 subsection (a), establish a plan excluding from wages payments
17 made as provided in section 209(b) of the Federal Social
18 Security Act (42 U.S.C. § 409(b)).
19 § 5159. Transfer of accumulated sick leave.
20 Professional employees and commissioned officers who transfer
21 employment from one school entity within this Commonwealth
22 directly to another school entity shall be entitled to a
23 transfer of all accumulated sick leave not to exceed a maximum
24 of 25 days of the accumulated leave. Professional employees and
25 commissioned officers who are transferred from an intermediate
26 unit to a school district within that intermediate unit, or who
27 are transferred from a school district within an intermediate
28 unit to that intermediate unit, shall be entitled to transfer
29 all accumulated sick leave.
30 § 5160. Regulations governing sick leave.
19810H1300B2899 - 494 -
1 (a) Physician's certificate.--The governing board may
2 require the professional employee or commissioned officer on
3 sick leave for three consecutive days or more to furnish a
4 certificate from a physician or other practitioner certifying
5 that the person was unable to perform his duties during the
6 period of absence for which compensation is required to be paid
7 under this subchapter.
8 (b) Record of accumulated leave.--The governing board of
9 each school entity shall maintain and supply annually to each
10 professional employee and commissioned officer a copy of a
11 cumulative record of sick leave credited to and used by such
12 person. In any case involving a dispute over the amount of
13 accumulated sick leave, the person shall have a right of appeal
14 to the Secretary of Education in accordance with such procedure
15 as he may establish.
16 (c) Compensation during leave.--
17 (1) Except as provided in paragraph (2), all
18 compensation required to be paid under the provisions of this
19 chapter shall be paid to the employed person in the same
20 manner and at the same time said person would have received
21 his salary if actually engaged in the performance of his
22 duties.
23 (2) The school district by written agreement with the
24 employee may, as an alternative to the sick leave payments
25 provided in this chapter, establish a plan excluding from
26 wages payments made as provided in section 209(b) of the
27 Federal Social Security Act (42 U.S.C. § 409(b)).
28 (d) Adoption of regulations.--The governing board may adopt
29 rules or regulations pertaining to sick leave and to the payment
30 of salaries of employees when absent from duty, extending the
19810H1300B2899 - 495 -
1 period of sick leave with or without pay in excess of that
2 herein provided.
3 § 5161. Bereavement leave.
4 (a) Death in immediate family.--Any professional employee or
5 commissioned officer of any school entity shall be entitled to
6 three days leave with full pay in the event of a death in the
7 employee's immediate family. Immediate family includes a father,
8 mother, sister, brother, husband, wife, parent-in-law, son,
9 daughter, or relative actually domiciled in the employee's
10 residence or any person with whom the employee has made his
11 home.
12 (b) Death of relative.--In the event of a death of a near
13 relative, any professional employee or commissioned officer
14 shall be entitled to one day of leave, without loss of pay, on
15 the day of the funeral. Near relative shall include a first
16 cousin, grandparent, grandchild, aunt, uncle, nephew, niece, son
17 or daughter-in-law and brother or sister-in-law.
18 (c) Extension of leave.--The governing board of any school
19 entity may, in its discretion as the exigencies of the case may
20 warrant, extend the period of bereavement leave with or without
21 pay.
22 § 5162. Leave to serve as teacher in foreign country.
23 (a) General rule.--Any governing board of any school entity
24 is hereby authorized to grant leaves of absence as exchange
25 teachers or as teachers at overseas schools for the children of
26 citizens of the United States and to pay any professional
27 employee the salary he would be entitled to if teaching in the
28 school entity from which he is granted a leave to serve as an
29 exchange teacher in any foreign country or territory or
30 possession of the United States of America.
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1 (b) Retention of rights.--Any employee on leave of absence
2 as an exchange teacher or as a teacher at an overseas school for
3 the children of citizens of the United States shall be entitled
4 to the same rights, privileges and limitations as an employee on
5 sabbatical leave.
6 § 5163. Leave for maternity purposes.
7 Governing boards shall promulgate appropriate rules and
8 regulations providing for leave for maternity purposes
9 consistent with relevant State and Federal law.
10 § 5164. Leave with or without pay.
11 (a) General rule.--The governing board of any school entity
12 shall have the authority to promulgate rules and regulations
13 under which it may grant leaves of absence with or without pay.
14 (b) Leave for professional study.--Any school employee who
15 has been granted a leave of absence approved by the governing
16 board for professional study shall be considered to be in
17 regular full-time daily attendance in the position from which
18 the leave was granted during the period of said leave for the
19 purpose of determining the employee's length of service and
20 right to make contributions as a member of the Public School
21 Employees' Retirement Fund and continue his membership therein
22 except that, if the employee does not return to the employment
23 of the school entity for a period of at least one year, the
24 contributions made by and on behalf of the employee during the
25 period of the leave of absence shall be refunded.
26 (c) Leave for legislative service.--Any employee of a school
27 entity who shall be elected to public office as a Representative
28 or Senator in either the Congress of the United States or the
29 General Assembly of this Commonwealth, shall be entitled to
30 elect legislative leave without pay for the duration of the
19810H1300B2899 - 497 -
1 elected period of service. The employee shall, if he so elects,
2 file within 30 days of official certification of election a copy
3 of that certification with the secretary of the school entity,
4 which, shall be recorded in the school board minutes and notice
5 of leave sent to the employee. Any employee qualifying for and
6 electing legislative leave shall be considered in regular full-
7 time attendance in the school entity, without pay, for the
8 duration of the legislative leave for the purpose of determining
9 the length of service of the employee. No employee on
10 legislative leave shall be eligible for retirement credit or for
11 purchase of retirement credit at any future date for time spent
12 on legislative leave. No legislative leave shall be granted
13 unless the employee agrees in writing to return to similar
14 employment in the school entity for a period of not less than
15 one school year upon termination of the legislative service
16 leave.
17 (d) Leave for elected county service.--Any full-time
18 employee of a school entity who has been an employee for at
19 least five years and who has been elected to public office as a
20 county official in any county of this Commonwealth, shall be
21 entitled to a leave of absence without pay for the first four
22 years of the elected period of service. Any employee qualifying
23 for and desiring leave for elective public office shall file a
24 written statement declaring the employee's intent to take a
25 leave of absence together with a copy of the employee's official
26 certification of election with the secretary of the school
27 entity. Certification of election shall be recorded in the
28 school board minutes at the next regular meeting of the board of
29 directors. No employee on such leave of absence shall be
30 eligible for retirement credit or for purchase of retirement
19810H1300B2899 - 498 -
1 credit at any future date for time spent on leave of absence.
2 Should the employee decide to return to full-time employment
3 with the school entity at the conclusion of the leave of
4 absence, the employee shall be entitled to a position similar to
5 that which the employee held prior to the leave of absence.
6 Nothing in this subsection shall prohibit a board of school
7 directors from granting a leave of absence, at its discretion,
8 to any employee who has been elected to any public office other
9 than as a county official.
10 (e) Other types of leave.--The governing board may define
11 and establish regulations on other types of personal leave.
12 § 5165. Retirement.
13 All rights and duties of personnel with respect to retirement
14 shall be determined in accordance with Part IV (relating to
15 retirement for school employees).
16 SUBCHAPTER E
17 COMMISSIONED PERSONNEL
18 Sec.
19 5171. Selection and qualifications.
20 5172. Term of office and compensation.
21 5173. Oath of office.
22 5174. Reelection, retention and resignation.
23 5175. Superintendent of new combined districts.
24 5176. Commissioning of personnel.
25 5177. Acting and substitute superintendents.
26 5178. Removal for cause.
27 5179. Duties of superintendent.
28 5180. Duties of assistant superintendent.
29 § 5171. Selection and qualifications.
30 (a) Selection.--For the superintendence and supervision of
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1 the public schools of this Commonwealth, there shall be elected
2 or appointed, in the manner provided in this subchapter,
3 district superintendents and assistant superintendents.
4 (b) Qualifications.--Every person elected or appointed as
5 district or assistant district superintendent must be a person
6 of good moral character. No person shall be eligible for
7 election or appointment as a district or assistant district
8 superintendent unless he:
9 (1) holds a diploma from a college or other institution
10 approved by the department;
11 (2) has had six years successful teaching experience,
12 not less than three of which shall have been in a supervisory
13 or administrative capacity; and
14 (3) has completed in a college or university a graduate
15 course in education approved by the department.
16 (c) Districts of first class EQUIVALENT SERVICE.--In school <--
17 districts of the first class, five years of administrative
18 experience at the level of assistant, associate or deputy
19 superintendent may be substituted for prescribed graduate
20 administrative courses AND, IN OTHER SCHOOL DISTRICTS, <--
21 EXPERIENCE AS BUSINESS MANAGER OR OTHER CENTRAL OFFICE
22 ADMINISTRATIVE EXPERIENCE MAY BE SUBSTITUTED FOR OTHER TEACHING
23 OR SUPERVISORY EXPERIENCE REQUIREMENTS. The department shall
24 review these equivalences to determine conformity with State
25 board regulations.
26 § 5172. Term of office and compensation.
27 (a) Superintendents.--Any time that a vacancy shall occur in
28 the office of superintendent, the board of school directors
29 shall elect and establish the salary of a properly certificated
30 superintendent to serve through the term of the district
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1 superintendent or for a term of three, four or five years, as
2 the board may determine, to begin July 1 next following the
3 election or on a date mutually agreed upon by the
4 superintendent-elect and the board of school directors.
5 (b) Assistant superintendents.--Any time that a vacancy
6 shall occur in the office of an assistant superintendent, or
7 such a new position is created by the board of school directors,
8 upon the nomination by the superintendent, the board may elect
9 and establish the salary of a properly qualified assistant
10 superintendent to serve for a term of three, four or five years,
11 as the board may determine, to begin July 1 next after the
12 election or on a date to be mutually agreed upon by the
13 assistant superintendent-elect and the board of school
14 directors.
15 § 5173. Oath of office.
16 Before entering upon the duties of their office, all
17 commissioned personnel shall take and subscribe to the same oath
18 or affirmation as has been prescribed to be taken by persons
19 elected to the office of school director, which oath may be
20 administered by anyone qualified to administer an oath.
21 § 5174. Reelection, retention and resignation.
22 (a) Notice of intent of school board.--At a regular meeting
23 of the board of school directors occurring at least 150 days
24 prior to the expiration date of the term of office of the
25 district superintendent or assistant superintendent, the agenda
26 shall include an item requiring affirmative action by five or
27 more members of the board of school directors to notify the
28 district superintendent or assistant superintendent, as the case
29 may be, that the board intends to retain him for a further term
30 of from three to five years or that another or other candidates
19810H1300B2899 - 501 -
1 will be considered for the office.
2 (b) Absence of board action.--In the event that the board
3 fails to take such action at a regular meeting of the board of
4 school directors occurring at least 150 days prior to the
5 expiration date of the term of the district superintendent or
6 assistant superintendent, he shall continue in office for a
7 further term of similar length to that which he is serving.
8 (c) Notice of resignation.--A superintendent or an assistant
9 superintendent shall give the board at least 90 days' notice of
10 intent to terminate his contract.
11 § 5175. Superintendent of new combined districts.
12 (a) Selection of superintendent.--In the event that any two
13 or more school districts combine to create a larger school
14 district in accordance with the provisions of section 2531
15 (relating to voluntary combination of school districts), the new
16 board of school directors shall select, from the incumbent
17 superintendents, one person to serve as the superintendent of
18 the new school district. A contract shall be negotiated with the
19 superintendent in accordance with the provisions of this
20 chapter.
21 (b) Status of existing superintendents.--Each of the other
22 superintendents from the original school districts not selected
23 as the superintendent of the new district shall serve as
24 assistant superintendent in the newly organized school district
25 for the period of time remaining on his contract without
26 reduction in compensation.
27 (c) Status of existing assistant superintendents.--Persons
28 who held positions as assistant superintendents in the original
29 school districts shall continue to serve for the period of time
30 remaining in their contracts without reduction in compensation
19810H1300B2899 - 502 -
1 and will be assigned duties for which they are eligible, as the
2 board shall deem necessary and appropriate.
3 § 5176. Commissioning of personnel.
4 (a) General rule.--District superintendents and assistant
5 district superintendents, executive directors of intermediate
6 units and assistant executive directors of intermediate units
7 shall be commissioned by the Secretary of Education.
8 (b) Validity of commission.--The commission issued by the
9 secretary shall be valid for the period of time that the
10 commissioned officer serves on an uninterrupted basis in the
11 position in the school district or intermediate unit for which
12 he was commissioned.
13 (c) Recommissioning for new position.--Whenever a
14 commissioned officer leaves the position for which he was
15 commissioned, he shall be recommissioned if he accepts
16 employment in another position requiring a commission.
17 § 5177. Acting and substitute superintendents.
18 Whenever a board of school directors finds it impractical to
19 fill immediately a vacancy in the office of the superintendent
20 or assistant superintendent, it shall appoint an acting
21 superintendent or acting assistant superintendent to serve not
22 longer than one year from the date of appointment. When a leave
23 of absence has been granted to any district superintendent or
24 assistant district superintendent, and it is deemed necessary or
25 desirable, the board of school directors may appoint a
26 substitute district superintendent or assistant district
27 superintendent to serve for such period of time as the regular
28 district superintendent or assistant district superintendent is
29 absent on leave.
30 § 5178. Removal for cause.
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1 (a) General rule.--A proceeding for removal for cause may be
2 initiated upon the affirmative vote of a majority of the legally
3 qualified members of the governing board for cruelty,
4 negligence, wilful violation of the school laws, incompetency,
5 immorality or intemperance.
6 (b) Procedures for removal.--Procedures for removal by the
7 governing board for cause shall be conducted in accordance with
8 Title 2 (relating to administrative law and procedure).
9 § 5179. Duties of superintendent.
10 (a) Chief executive officer.--The superintendent shall be
11 the chief executive officer of the board of school directors
12 responsible for the total supervision and proper administration
13 of all school district matters. He shall see that the provisions
14 of this title and all other relevant laws, the regulations of
15 the State board and the policies, rules and regulations of the
16 board of school directors are carried into effect.
17 (b) Board duties.--The superintendent shall have a seat on
18 the board of school directors of the district and the right to
19 speak on all matters before the board but not to vote.
20 § 5180. Duties of assistant superintendent.
21 Assistant superintendents shall perform such duties as may be
22 assigned them by the superintendent with the approval of the
23 board.
24 SUBCHAPTER F
25 PRINCIPALS
26 Sec.
27 5191. Employment and duties of principals
28 § 5191. Employment and duties of principals.
29 (a) General rule.--The board of school directors shall
30 employ school principals who shall hold valid administrative
19810H1300B2899 - 504 -
1 certificates and who shall organize and supervise the operation
2 and management of the school or schools and property as the
3 board determines necessary and shall see to it that the law,
4 regulations, policies and standards applicable to the school
5 district are properly observed and carried into effect.
6 (b) Supervision of staff and students.--The principal shall
7 be responsible for the supervision and direction of the staff
8 and students and the general maintenance of order and
9 discipline. The principal may be asked to submit recommendations
10 to the superintendent regarding the appointment, assignment,
11 promotion, transfer and dismissal of all personnel assigned to
12 the building or buildings except as provided for in collective
13 bargaining agreements in accordance with the act of July 23,
14 1970 (P.L.563, No.195), known as the "Public Employe Relations
15 Act".
16 (c) Responsibility for educational programs.--The principal
17 shall assume administrative responsibility and instructional
18 leadership, under the supervision of the superintendent and in
19 accordance with rules and regulations of the board, for the
20 planning, management, operation and evaluation of the
21 educational program of the building or buildings to which the
22 principal is assigned.
23 (d) Other duties.--The principal shall perform such other
24 duties as may be assigned by the superintendent pursuant to the
25 rules and regulations of the board of school directors.
26 PART III
27 HIGHER EDUCATION
28 Chapter
29 61. State-owned Colleges and Universities and Community
30 Colleges.
19810H1300B2899 - 505 -
1 CHAPTER 61
2 STATE-OWNED COLLEGES AND UNIVERSITIES
3 AND COMMUNITY COLLEGES
4 Sec.
5 6101. Senior citizen college education.
6 § 6101. Senior citizen college education.
7 (a) Attendance at State-owned and community colleges.--
8 Subject to the rules and regulations of the Board of State
9 College and University Directors, a resident of this
10 Commonwealth who is 60 years of age or older may attend any
11 class in the State-owned colleges and universities and the
12 community colleges in this Commonwealth without any charge for
13 tuition or institutional fees provided:
14 (1) there is available space in the class; and
15 (2) the person desiring to attend the class meets the
16 requirements of the institution for admission to the course.
17 (b) Fee.--A nominal charge may be assessed by the
18 institution to cover the cost of processing the student's
19 records.
20 (c) Credits.--The courses may be taken by the student on a
21 credit or not for credit basis.
22 Section 2. Section 8329 of Title 24 is amended to read:
23 § 8329. Payments on account of social security deductions from
24 appropriations.
25 (a) Payments by Commonwealth.--Where the Secretary of
26 Education enters into an agreement with the Commonwealth to
27 place under the Federal Social Security Act members who have
28 elected coverage, the Commonwealth shall pay into the
29 contribution fund created under the provisions of the act of
30 January 5, 1952 (1951 P.L.1833, No.491), relating to social
19810H1300B2899 - 506 -
1 security coverage for government employees, such amounts and at
2 such times as are required to be paid by the employers and the
3 covered employees on account of such coverage.
4 (b) Reimbursement by employers.--The Commonwealth shall be
5 reimbursed by the employers to the extent of the total amounts
6 contributable by covered employees and by one-half of the
7 contributions payable under the employer's tax established by
8 the Federal Social Security Act on all covered wages which are
9 not Federally funded. For the purpose of this part, the tax
10 contributions payable shall be the first obligation against any
11 State funds received by the employer for their use or authorized
12 under [the act of March 10, 1949 (P.L.30, No.14), known as the
13 "Public School Code of 1949,"] Part II (relating to basic
14 education) and shall first be paid therefrom.
15 (c) Deduction from appropriations.--The Secretary of
16 Education and the State Treasurer are hereby authorized to cause
17 to be deducted and paid into or retained in the State Treasury
18 from any moneys due to any employer on account of appropriations
19 for schools or other purposes the amounts payable under the
20 provisions of this section.
21 Section 3. Transfer of moneys in post war capital reserve
22 fund.--All moneys of school districts contained in a special
23 fund created under the act of April 30, 1943 (P.L.145, No.73)
24 entitled, as amended, "An act providing for and regulating the
25 accumulation, investment and expenditure by counties, cities,
26 boroughs incorporated towns, townships and school districts of
27 funds for post war projects," shall be transferred to the
28 special capital reserve fund created under 24 Pa.C.S. § 3164
29 (relating to capital reserve fund for construction projects).
30 Section 4. Reports to General Assembly on intermediate
19810H1300B2899 - 507 -
1 units.--By December 31, 1979, and December 31, 1980, the
2 Secretary of Education shall submit to the members of the
3 General Assembly a report on the operation of the intermediate
4 units, for the purpose of enabling the General Assembly to
5 evaluate the system.
6 Section 5. Saving provisions.--
7 (a) Continuation of existing laws.--The provisions of Title
8 24 as added by this act, insofar as they are the same as those
9 of existing laws, are intended as a continuation of such laws
10 and not as new enactments. The repeal by this act of any statute
11 or part thereof shall not revive any statute or part thereof
12 heretofore repealed or superseded. The provisions of Title 24
13 shall not affect title to, or ownership of, any property, real
14 or personal, vested prior to the effective date of this act.
15 (b) Existing rights and liabilities.--The provisions of
16 Title 24 shall not affect any act done, liability incurred or
17 right accrued or vested, or affect any suit or prosecution
18 pending or to be instituted to enforce any right or penalty or
19 punish any offense under the authority of statutes repealed by
20 this act.
21 (c) Regulations.--All rules and regulations, not
22 inconsistent with Title 24, made pursuant to any statute
23 repealed by this act shall continue with the same force and
24 effect for one year from the effective date of this act as if
25 such statute had not been repealed. The department shall revise,
26 recodify, publish and promulgate all departmental standards
27 within 12 months of the effective date of this act so as to
28 assure consistency with Title 24.
29 (d) Persons holding office.--Any person holding office under
30 any statute repealed by this act shall continue to hold such
19810H1300B2899 - 508 -
1 office under the statute in effect on the date prior to the
2 effective date of this act.
3 (e) Validation of employment actions.--Any temporary or
4 emergency increases in salary heretofore or hereafter granted by
5 any school entity, and the discontinuance thereof at the end of
6 the period for which granted, and any contracts, rights, tenure
7 rights or other privileges or terms of employment heretofore in
8 effect in any school entity, provided they meet the requirements
9 of Title 24, are hereby ratified, confirmed and made valid
10 notwithstanding the terms or provisions of any other act or that
11 the same may have been done without previous authority of law.
12 Section 6. Repeals.--(a) The following acts and parts of
13 acts are repealed:
14 Act of February 8, 1821 (P.L.30, No.25), entitled "An act to
15 incorporate and endow the Pennsylvania Institution for the Deaf
16 and Dumb."
17 Act of April 14, 1828 (P.L.458, No.196), entitled "An act to
18 enable the controllers of the public schools, for the city and
19 county of Philadelphia, and the commissioners of said county, to
20 sell and convey certain real estate."
21 Act of April 4, 1838 (P.L.263, No.49), entitled "An act
22 granting aid to the Pittsburg Hospital for the destitute sick
23 and insane of Western Pennsylvania, and to incorporate the
24 Orphans' Asylum of Lancaster, and to provide for the education
25 of the Deaf and Dumb in this commonwealth."
26 Act of April 9, 1844 (P.L.221, No.154), entitled "An act to
27 provide for the education of the deaf mutes of this
28 commonwealth."
29 Section 3, act of April 17, 1846 (P.L.365, No.309), entitled
30 "An act authorizing the school directors of Mahoning township,
19810H1300B2899 - 509 -
1 in the county of Columbia, to sell certain real estate, and for
2 other purposes."
3 Section 17, act of April 19, 1849 (P.L.524, No.354), entitled
4 "A supplement to an act relative to the venders of mineral
5 waters; and an act relative to the Washington coal company; to
6 sheriff's sales of real estate; to the substitution of executors
7 and trustees when plaintiffs; to partition in the courts of
8 common pleas, and for other purposes."
9 Section 17, act of April 9, 1849 (P.L.528, No.355), entitled
10 "An act relative to certain school districts in Jefferson,
11 Indiana, Cambria, Westmoreland, Blair, Carbon, Schuylkill,
12 Bedford, Chester, Delaware, Washington and Northampton counties;
13 relative to supplying the several schools of the commonwealth
14 with the state maps; and providing for a public high school, and
15 for the education of colored children in the city of Pittsburg."
16 Section 17, act of April 30, 1850 (P.L.644, No.380), entitled
17 "A supplement to an act, entitled 'An Act to erect the village
18 of Oxford, in the county of Chester, into a borough,' passed
19 April eighth, Anno Domini, one thousand eight hundred and
20 thirty-three; and relative to roads in the township of
21 Birmingham, in Chester county; to Wager and Marsh streets, in
22 Kensington, Philadelphia county; and relative to the borough of
23 Hookstown, in Beaver county; and to the Robeson school house, in
24 Manayunk, Philadelphia county."
25 Section 26, act of April 3, 1851 (P.L.320, No.218), entitled
26 "An act regulating boroughs."
27 Sections 48 and 52, act of February 2, 1854 (P.L.21, No.16),
28 entitled "A further supplement to an act, entitled 'An act to
29 incorporate the City of Philadelphia'."
30 Act of May 20, 1857 (P.L.617, No.657), entitled "An act
19810H1300B2899 - 510 -
1 relative to School Directors in the First School District."
2 Section 16, act of April 11, 1862 (P.L.471, No.466), entitled
3 "A further supplement to the act, entitled 'An Act for the
4 regulation and continuance of a system of Education by Common
5 Schools,' approved the eighth day of May, one thousand eight
6 hundred and fifty-four."
7 Act of February 16, 1865 (P.L.151, No.144), entitled "A
8 further supplement to an act to incorporate the city of
9 Philadelphia, providing for the time of meeting of sectional
10 school board, and filling vacancies therein."
11 Act of March 17, 1865 (P.L.410, No.397), entitled "An act
12 relative to apprentices."
13 Section 5, act of March 21, 1866 (P.L.248, No.228), entitled
14 "A further supplement to an act to incorporate the city of
15 Philadelphia, relative to the election of additional school
16 directors in the Twenty-third ward, and defining the duties
17 thereof, in the Twenty-third and Twenty-fifth wards."
18 Act of April 5, 1867 (P.L.779, No.726), entitled "An act to
19 provide for the appointment of controllers of the public schools
20 of the First school district of Pennsylvania."
21 Act of February 18, 1871 (P.L.100, No.109), entitled "An act
22 relating to the erection of school buildings, by the board of
23 public education, in the city of Philadelphia."
24 Act of May 25, 1871 (P.L.1157, No.1062), entitled "An act to
25 empower the sectional school boards of the First school district
26 to elect the principal of the grammar schools in said sections."
27 Act of May 24, 1881 (P.L.29, No.32), entitled "An act
28 defining the power of boards of directors of sub-district
29 schools, of cities of the second class, to provide for the
30 purchasing of lots of ground, erection of school buildings, and
19810H1300B2899 - 511 -
1 other expenses of maintaining schools in their respective
2 districts, and to borrow money for such purposes."
3 Act of June 10, 1881 (P.L.119, No.138), entitled "A
4 supplement to an act of assembly, approved the eleventh day of
5 April, Anno Domini one thousand eight hundred and sixty-two,
6 entitled 'A further supplement to an act, entitled "An act for
7 the regulation and continuance of a system of education by
8 common schools," approved the eighth day of May, Anno Domini one
9 thousand eight hundred and fifty-four,' authorizing the
10 appointment of trustees for the better preservation of the funds
11 and estate transferred to any school district by the trustees of
12 any academy or seminary."
13 Act of February 12, 1889 (P.L.3, No.1), entitled "An act to
14 provide for the commencement of the terms of office of
15 councilmen, constables and school directors in new wards, when
16 erected in cities of the first class under existing laws and
17 where the several wards constitute separate school districts, to
18 provide for the supervision of the public schools in such new
19 wards until the organization of the board of school directors of
20 the new school section, and to provide for the term of
21 councilmen and constables already elected by the voters of the
22 old ward."
23 Act of June 20, 1891 (P.L.371, No.296), entitled "An act
24 making an appropriation for the erection of a home for the
25 training in speech of deaf children before they are of school
26 age."
27 Act of May 10, 1893 (P.L.34, No.30), entitled "An act to
28 prohibit members of boards of control of school districts in
29 cities of the second class from holding any office of emolument
30 under or being employed by said boards."
19810H1300B2899 - 512 -
1 Section 8, act of June 6, 1893 (P.L.335, No.278), entitled
2 "An act to provide for the consolidation of boroughs and the
3 government and regulation thereof."
4 Act of June 24, 1895 (P.L.257, No.168), entitled "An act to
5 empower the president of the Board of Public Education in cities
6 of the first class to deputize the vice president or the
7 assistant secretary of the board to sign warrants drawn in
8 payment of salaries."
9 Act of June 10, 1897 (P.L.139, No.117), entitled "An act to
10 validate the indebtedness of school districts in boroughs and
11 townships, created by such school districts in excess of two per
12 centum and less than seven per centum of the last assessed
13 valuation of taxable property of such district, with the assent
14 of the electors thereof where such assent has not been first
15 obtained, and providing for the issuing of bonds or other
16 evidences of such indebtedness."
17 Act of March 30, 1899 (P.L.25, No.20), entitled "An act to
18 empower the president of the board of public education in cities
19 of the first class to adopt and use a rubber stamp signature on
20 city warrants."
21 Act of July 18, 1901 (P.L.683, No.349), entitled "An act
22 making an appropriation to the Home for the Training in Speech
23 of Deaf Children before they are of School Age, at Belmont and
24 Monument avenues, in Philadelphia."
25 Act of March 2, 1905 (P.L.32, No.11), entitled "An act
26 authorizing the Superintendent of Public Instruction to employ
27 an additional skilled stenographer and typewriter in the
28 Department of Public Instruction."
29 Act of March 24, 1905 (P.L.54, No.38), entitled "A further
30 supplement to an act of Assembly, approved the eleventh day of
19810H1300B2899 - 513 -
1 April, Anno Domini one thousand eight hundred and sixty-two,
2 entitled 'A further supplement to an act, entitled "An act for
3 the regulation and continuance of a system of education by
4 common schools," approved the eighth day of May, Anno Domini one
5 thousand eight hundred and fifty-four,' authorizing the board of
6 school directors in any school district to sell and convey any
7 real estate, buildings and property, the title to which shall
8 have been acquired from the trustees of any academy or seminary
9 in the Commonwealth, under and by virtue of said acts of
10 Assembly, whenever such real estate, buildings and property
11 shall have become useless to such school district, by reason of
12 dilapidation and decay, or otherwise; and providing for the
13 disposition of moneys or funds received from such sale and
14 conveyance; and ratifying and confirming any sales of such
15 property heretofore made on account of and for similar reasons,
16 provided no litigation or question of title, now pending and
17 undetermined, shall be affected hereby."
18 Section 12, act of February 7, 1906 (Sp.Sess., P.L.7, No.1),
19 entitled "An act to enable cities that are now, or may hereafter
20 be, contiguous or in close proximity, to be united, with any
21 intervening land other than boroughs, in one municipality;
22 providing for the consequences of such consolidation, the
23 temporary government of the consolidated city, payment of the
24 indebtedness of each of the united territories, and the
25 enforcement of debts and claims due to or from each."
26 Act of April 4, 1907 (P.L.43, No.40), entitled "An act being
27 a supplement to an act, entitled 'An act to regulate the time of
28 holding city teachers' institutes,' approved the twentieth day
29 of April, Anno Domini one thousand nine hundred and five,
30 extending its application to boroughs."
19810H1300B2899 - 514 -
1 Act of May 28, 1907 (P.L.295, No.223), entitled "A supplement
2 to an act, entitled 'An act for the annexation of any city,
3 borough, township, or part of a township, to a contiguous city,
4 and providing for the indebtedness of the same,' approved the
5 twenty-eighth day of April, Anno Domini one thousand nine
6 hundred and three; to enable territory now annexed, or which may
7 hereafter be annexed under the provisions of said act, to be
8 arranged and erected into a ward, or wards, of the city to which
9 it is annexed; and providing the procedure for that purpose, and
10 for the proper representation of the ward or wards erected."
11 Act of May 13, 1909 (P.L.826, No.644), entitled "An act to
12 provide an appropriation for a circulating loan collection of
13 lantern slides, in connection with the Division of Education of
14 the Pennsylvania State Museum."
15 Act of June 19, 1911 (P.L.1045, No.805), entitled "An act to
16 create a Bureau of Professional Education, as a subdepartment of
17 the Department of Public Instruction; to define the powers and
18 duties of the said Bureau, and to make an appropriation
19 therefor."
20 Act of May 6, 1915 (P.L.273, No.168), entitled "An act to
21 validate bonds of any school district in this Commonwealth and
22 the indebtedness represented by said bonds, heretofore issued,
23 since the eighteenth day of May, one thousand nine hundred and
24 eleven, when such indebtedness or increase of indebtedness was
25 not incurred, and such bonds were not issued, at the time of
26 assessing and levying the annual school taxes."
27 Act of July 11, 1917 (P.L.757, No.281), entitled "An act
28 concerning vocational education; and providing for the
29 acceptance by the Commonwealth of Pennsylvania of the provisions
30 of the act of Congress, approved February twenty-third, one
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1 thousand nine hundred seventeen, entitled 'An act to provide for
2 the promotion of vocational education; to provide for
3 cooperation with the States in the promotion of such education
4 in agriculture and the trades and industries; to provide for
5 cooperation with the States in the preparation of teachers of
6 vocational subjects; and to appropriate money and regulate its
7 expenditure,' and conferring certain powers upon the State Board
8 of Education."
9 Act of May 5, 1921 (P.L.344, No.167), entitled "An act
10 authorizing school districts of the fourth class, with the
11 assent of the electors, to use moneys, borrowed or authorized to
12 be borrowed for purposes which have proved impracticable or
13 undesirable, for other lawful purposes."
14 Act of June 29, 1923 (P.L.936, No.367), entitled "An act
15 validating certain elections of school districts of the third
16 class held pursuant to the provisions of an act, approved the
17 twentieth day of April, one thousand eight hundred and seventy-
18 four (Pamphlet Laws, sixty-five), entitled 'An act to regulate
19 the manner of increasing the indebtedness of municipalities, to
20 provide for the redemption of the same, and to impose penalties
21 for the illegal increase thereof,' and the amendments thereto;
22 and validating bonds issued or authorized to be issued in
23 pursuance of such elections."
24 Act of March 19, 1925 (P.L.46, No.28), entitled "An act to
25 validate the obligations of school districts issued prior to
26 January first, one thousand nine hundred and twenty-four,
27 pursuant to section five hundred and eight of the act approved
28 the eighteenth day of May, one thousand nine hundred and eleven
29 (Pamphlet Laws, three hundred and nine), entitled 'An act to
30 establish a public school system in the Commonwealth of
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1 Pennsylvania, together with the provisions by which it shall be
2 administered, and prescribing penalties for the violation
3 thereof; providing revenue to establish and maintain the same,
4 and the method of collecting such revenue; and repealing all
5 laws, general, special or local, or any parts thereof, that are
6 or may be inconsistent therewith,' and its amendments,
7 notwithstanding that said obligations were not issued under the
8 seal of the district, if any; were not properly attested by the
9 president and secretary of the board of directors of such
10 district; and that the incurring of said indebtedness and the
11 issuing of obligations therefor were not first authorized by not
12 less than two-thirds of the members of the board of school
13 directors; and that no provision for the payment of the same
14 from the current revenue of said district was made."
15 Act of April 1, 1925 (P.L.112, No.78), entitled "An act
16 requiring all professional examining boards within the
17 Department of Public Instruction to pay into the general fund of
18 the State Treasury all fees received by them and all unexpended
19 balances of moneys accrued from fees heretofore received;
20 abolishing all special funds in the State Treasury for any such
21 boards; and transferring to the general fund of the State
22 Treasury any unexpended balances in any such funds."
23 Act of April 2, 1925 (P.L.122, No.87), entitled "An act to
24 authorize the Superintendent of Public Instruction to fix and to
25 collect reasonable fees for certain services rendered by that
26 Department."
27 Act of May 14, 1925 (P.L.705, No.383), entitled "An act
28 validating certain temporary indebtedness and bonds, issued to
29 fund the same, of school districts of the second, third, and
30 fourth classes, incurred for the payment of teachers' and
19810H1300B2899 - 517 -
1 employes' salaries and for supplies and services rendered to the
2 district."
3 Act of May 4, 1927 (P.L.751, No.391), entitled "An act
4 appropriating excess moneys in the general sinking fund for
5 payment into the general fund of the State Treasury, and
6 dedicating present revenues payable into the sinking fund, and
7 accumulations on the moneys in the sinking fund, for payment
8 into the State School Fund."
9 Act of May 11, 1927 (P.L.965, No.458), entitled "An act
10 validating actions of boards of school directors in certain
11 cases where there was a failure to record the vote of the
12 members of the board."
13 Act of February 20, 1929 (P.L.3, No.1), entitled "An act to
14 validate and confirm certain contracts heretofore entered into
15 by boards of school directors, where there is no evidence of
16 fraud or conspiracy, and to ratify, confirm, and validate,
17 payments on such contracts by the school district."
18 Act of March 28, 1929 (P.L.92, No.100), entitled "An act to
19 validate contracts for the erection and construction of school
20 buildings and additions to existing school buildings, and to
21 authorize payments on such contracts by the school district
22 where there is no evidence of fraud or conspiracy."
23 Sections 408.1, 455, 456, 457, 458, 708, 1301, 1302, 1303,
24 1309, 1313, 1316, 1317, 1318, 1319 and 1320, act of April 9,
25 1929 (P.L.177, No.175), known as "The Administrative Code of
26 1929."
27 Act of May 15, 1929 (P.L.1764, No.573), entitled "An act
28 providing for the examination and investigation of the
29 Pennsylvania Institution for the Instruction of the Blind at
30 Overbrook, Philadelphia, the Western Pennsylvania School for the
19810H1300B2899 - 518 -
1 Blind at Pittsburgh, and the Western Pennsylvania School for the
2 Deaf at Edgewood, Pittsburgh; providing for a report of the
3 findings and recommendations of the committee herein provided
4 for; and making an appropriation to carry out the provisions of
5 this act."
6 Act of May 1, 1931 (P.L.76, No.56), entitled "An act
7 ratifying, confirming and validating transactions by boards of
8 school directors involving defects and errors of law, but where
9 there was no fraud, corruption, dishonesty, or conspiracy to
10 violate the law; and exonerating school directors from surcharge
11 in such cases."
12 Act of May 29, 1931 (P.L.210, No.126), entitled, as amended,
13 "An act to regulate the certification and the registration of
14 persons qualified to each in accredited elementary and secondary
15 schools in this State; imposing certain duties upon the
16 Department of Public Instruction and the State Board of
17 Education; defining violations; providing penalties, and for
18 appeal to the court of common pleas of Dauphin County."
19 Act of May 26, 1933 (P.L.1072, No.255), entitled "An act
20 fixing the minimum salaries of county and assistant county
21 superintendents for the terms which will begin on the first
22 Monday of July, one thousand nine hundred thirty-four; providing
23 for the payment of such minimum salaries by the Commonwealth;
24 restricting the number of assistant county superintendents; and
25 superseding any inconsistent acts and parts of acts."
26 Act of June 2, 1933 (P.L.1423, No.308), entitled "An act
27 relating to Sunday music; permitting musicians to receive
28 compensation for services rendered on Sunday; authorizing pay
29 concerts to be given and broadcast on Sunday under certain
30 circumstances, and allowing school and certain public buildings
19810H1300B2899 - 519 -
1 and parks to be used therefor; conferring powers and imposing
2 duties on the Department of Public Instruction; and imposing
3 penalties."
4 Act of July 9, 1935 (P.L.613, No.216), entitled "An act
5 authorizing the State Historical Commission to investigate and
6 to report to the next session of the Legislature upon the area,
7 boundaries, and dimensions of the Brandywine Battlefield of the
8 Revolutionary War and to accept gifts or deeds of historic
9 objects or of land connected therewith."
10 Act of July 22, 1936 (Sp.Sess., P.L.70, No.26), entitled "An
11 act to provide for the participation of the Commonwealth of
12 Pennsylvania in a National Celebration of the One Hundred
13 Fiftieth Anniversary of the Framing, the Signing, the
14 Ratification by Pennsylvania and the Final Adoption and
15 Promulgation, of the Constitution of the United States, to be
16 held at Philadelphia, and elsewhere, on the fifteenth,
17 sixteenth, and seventeenth days of September, one thousand nine
18 hundred thirty-seven, and subsequent anniversary dates in
19 connection therewith; and making an appropriation."
20 Act of July 28, 1936 (Sp.Sess., P.L.79, No.31), entitled "An
21 act to provide for the commemoration by the Commonwealth of
22 Pennsylvania of the Three Hundredth Anniversary of the Earliest
23 Settlement, the First Courts of Law, and the First Capital
24 within what is now Pennsylvania; and making an appropriation."
25 Act of March 30, 1937 (P.L.113, No.38), entitled "An act to
26 validate and confirm certain contracts, heretofore entered into
27 by boards of school directors, where there is no evidence of
28 fraud or conspiracy, and to authorize, ratify, confirm, and
29 validate payments on such contracts by the school district."
30 Act of May 28, 1937 (P.L.1004, No.274), entitled, as amended,
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1 "An act concerning vocational education; providing for the
2 acceptance by the Commonwealth of Pennsylvania of the provisions
3 of the act of Congress, approved June eighth, one thousand nine
4 hundred and thirty-six, entitled 'An act to provide for the
5 further development of vocational education in the several
6 States and Territories,' and conferring powers and imposing
7 duties on the State Treasurer and the State Board of Education."
8 Act of July 2, 1937 (P.L.2697, No.542), entitled "An act
9 supplementing the act, approved the twenty-eighth day of July,
10 one thousand nine hundred and thirty-six (Pamphlet Laws,
11 seventy-nine); and authorizing the Governor, directly or through
12 such agency as he may designate, to provide, plan, prepare,
13 supervise, and carry out a suitable program, within and without
14 Pennsylvania, for the commemoration by the Commonwealth of
15 Pennsylvania of the three hundredth anniversary of the earliest
16 settlement, the first courts of law, and the first capital
17 within what is now Pennsylvania; and making an appropriation
18 therefor out of the General Fund."
19 Act of July 2, 1937 (P.L.2700, No.543), entitled "An act
20 supplementing the act of July twenty-second, one thousand nine
21 hundred and thirty-six (Pamphlet Laws, seventy); and authorizing
22 the Governor, directly or through such agency as he may
23 designate, to provide, plan, prepare, supervise, and carry out,
24 a suitable program, throughout the Commonwealth of Pennsylvania
25 and elsewhere, for the Celebration of the 150th Anniversary of
26 the Framing, the Signing, the Ratification by Pennsylvania, and
27 the Final Adoption and Establishment of the Constitution of the
28 United States, during the years 1937-38-39; and making an
29 appropriation."
30 Act of May 24, 1939 (P.L.181, No.92), entitled "An act
19810H1300B2899 - 521 -
1 authorizing school districts of the first class to fund floating
2 indebtedness, incurred prior to December 31, 1939, for current
3 expenses and debt service, and to issue and sell bonds for this
4 purpose."
5 Act of June 20, 1939 (P.L.478, No.272), entitled "An act to
6 confirm and validate past tax levies or assessments made by
7 school districts of the first class and liens filed thereon."
8 Act of May 22, 1941 (P.L.48, No.29), entitled "An act to
9 validate and quiet the title to lands and buildings heretofore
10 sold by boards of school directors at public auction without
11 full compliance with provisions of law authorizing such sales."
12 Act of August 5, 1941 (P.L.796, No.292), entitled "An act to
13 validate and confirm certain contracts heretofore entered into
14 by boards of school directors where there is no evidence of
15 fraud or conspiracy, and to authorize, ratify, confirm and
16 validate payments on such contracts by the school district."
17 Act of May 2, 1945 (P.L.401, No.165), entitled, as amended,
18 "An act defining and providing for the licensing and regulation
19 of private trade schools and classes; conferring powers and
20 imposing duties on the State Board of Private Trade Schools; and
21 prescribing penalties."
22 Act of May 23, 1947 (P.L.277, No.116), entitled "An act
23 ratifying, confirming and validating certain sales of unused and
24 unnecessary lands sold by any board of school directors."
25 Except section 12, act of June 20, 1947 (P.L.733, No.319),
26 entitled, as amended, "An act to provide revenue in school
27 districts of the first class A by imposing a temporary tax upon
28 certain classes of personal property; providing for its levy and
29 collection; conferring and imposing powers and duties on the
30 county assessing authority, board of revision of taxes, receiver
19810H1300B2899 - 522 -
1 of school taxes, school treasurer, board of public education in
2 such districts and courts; providing for compensation to certain
3 officers, and employes and imposing penalties."
4 Except section 11, act of June 20, 1947 (P.L.745, No.320),
5 entitled "An act to provide revenue for school districts of the
6 first class by imposing a temporary mercantile license tax on
7 persons engaging in certain occupations and businesses therein;
8 providing for its levy and collection; for the issuance of
9 mercantile licenses upon the payment of fees therefor;
10 conferring and imposing powers and duties on boards of public
11 education, receivers of school taxes and school treasurers in
12 such districts; saving certain ordinances of council of certain
13 cities, and providing compensation for certain officers, and
14 employes and imposing penalties."
15 Act of June 25, 1947 (P.L.951, No.401), entitled, as amended,
16 "An act defining and providing for the licensing and regulation
17 of private academic schools; conferring powers and imposing
18 duties on the State Board of Private Academic Schools; and
19 imposing penalties."
20 Act of July 8, 1947 (P.L.1428, No.552), entitled "An act
21 defining and providing for the licensing and regulation of
22 private business schools and classes and agents thereof;
23 conferring powers and imposing duties upon the State Board of
24 Private Business Schools; and prescribing penalties."
25 Act of July 8, 1947 (P.L.1433, No.553), entitled, as amended,
26 "An act defining and providing for the licensing of private
27 correspondence schools and the registration of agents of such
28 schools; providing for contractual liability; conferring powers
29 and imposing duties on the State Board of Private Correspondence
30 Schools; and prescribing penalties."
19810H1300B2899 - 523 -
1 Except Article XX, act of March 10, 1949 (P.L.30, No.14),
2 known as the "Public School Code of 1949."
3 Act of April 6, 1949 (P.L.398, No.45), entitled "An act to
4 validate and quiet the title to lands and buildings heretofore
5 sold by boards of school directors at public auction without
6 full compliance with provisions of law authorizing such sales."
7 Act of April 18, 1949 (P.L.492, No.106), entitled "An act
8 enabling and authorizing the Department of Public Instruction or
9 any of its departmental administrative boards, commissions, or
10 officers to proceed by injunction or any other process in the
11 court of common pleas in any county where the alleged
12 unauthorized practice was committed, to prohibit and restrain
13 any unlicensed person, association, copartnership, or
14 corporation from engaging in an activity for which a license is
15 required to be issued by the Department of Public Instruction,
16 and to set out the method and procedure therefor."
17 Act of May 9, 1949 (P.L.1023, No.297), entitled "An act
18 accepting the grants, requirements and benefits of an act of the
19 eighty-first Congress of the United States approved ,
20 one thousand nine hundred forty-nine, known as the Educational
21 Finance Act of 1949, bearing public act No. , entitled 'To
22 authorize the appropriation of funds to assist the States and
23 Territories in financing a minimum foundation education program
24 of public elementary and secondary schools, and in reducing the
25 inequalities of educational opportunities through public
26 elementary and secondary schools, for the general welfare, and
27 for other purposes'."
28 Act of May 11, 1949 (P.L.1106, No.326), entitled "An act
29 requiring the county commissioners to provide, at the expense of
30 the county, telephone service, typewriters, stenographers,
19810H1300B2899 - 524 -
1 office space, materials, and other equipment, for the use of the
2 county superintendent of schools."
3 Act of May 11, 1949 (P.L.1202, No.365), entitled "An act
4 designating the Superintendent of Public Instruction as the
5 State educational authority authorized to apply to, and receive
6 from, the Federal Government or any agency thereof, grants in
7 aid of the public schools and for educational activities
8 therein; and providing for the disbursement of such funds."
9 Act of May 20, 1949 (P.L.1557, No.471), entitled "An act
10 making bonds of school districts valid and binding obligations
11 of such districts despite failure to advertise election in a
12 newspaper of general circulation."
13 Act of May 23, 1949 (P.L.1661, No.505), entitled, as amended,
14 "An act to impose a tax on real estate for public school
15 purposes in school districts of the first class and of the first
16 class A for current expenses."
17 Except section 10, act of May 23, 1949 (P.L.1669, No.508),
18 entitled, as amended, "An act to provide revenue for school
19 districts of the first class by imposing a tax on persons
20 engaging in certain businesses, professions, occupations,
21 trades, vocations and commercial activities therein; providing
22 for its levy and collection; conferring and imposing powers and
23 duties on the Board of Public Education, receiver of school
24 taxes and school treasurer in such districts; and prescribing
25 penalties."
26 Except sections 9 and 12, act of May 23, 1949 (P.L.1676,
27 No.509), entitled, as amended, "An act to provide revenue in
28 school districts of the first class by imposing a tax upon
29 certain classes of personal property; providing for its levy and
30 collection; conferring and imposing powers and duties on the
19810H1300B2899 - 525 -
1 county assessing authority, board of revision of taxes, receiver
2 of school taxes, school treasurer, board of public education in
3 such districts, and courts; providing for compensation to
4 certain officers and employes; and imposing penalties."
5 Act of May 26, 1949 (P.L.1844, No.547), entitled "An act
6 establishing the Pennsylvania State Firemen's Training School in
7 or adjacent to the borough of Lewistown; providing for its
8 operation and maintenance by the Department of Public
9 Instruction; authorizing the acquisition of a site either by
10 gift or purchase by the Commonwealth or by The General State
11 Authority, or the use of land now owned by the Commonwealth;
12 providing for the erection or construction and the furnishing
13 and equipping of the buildings and structures by The General
14 State Authority, and the leasing thereof by the Commonwealth;
15 and conferring powers and imposing duties upon the Department of
16 Public Instruction and the Public Service Institute Board."
17 Act of May 16, 1951 (P.L.299, No.59), entitled "An act to
18 validate and confirm certain contracts heretofore entered into
19 by boards of school directors where there is no evidence of
20 fraud or conspiracy, and to authorize, ratify, confirm and
21 validate payments on such contracts by the school district."
22 Act of August 16, 1951 (P.L.1238, No.284), entitled "An act
23 to authorize school districts of the first class to furnish free
24 milk to pupils in the kindergarten and first grade."
25 Act of January 18, 1952 (1951 P.L.2128, No.605), entitled "An
26 act defining and providing for the licensing and regulation of
27 private driver education or training schools; conferring powers
28 and imposing duties on the Department of Public Instruction; and
29 imposing penalties."
30 Act of July 27, 1953 (P.L.606, No.171), entitled "An act
19810H1300B2899 - 526 -
1 validating and confirming certain contracts heretofore entered
2 into by boards of school directors where there is no evidence of
3 fraud or conspiracy and authorizing or ratifying payments on
4 such contracts by the school district."
5 Act of July 29, 1953 (P.L.1011, No.257), entitled "An act
6 making resolutions of school districts which impose a tax valid
7 notwithstanding failure to advertise intention to adopt such
8 resolutions in a newspaper of general circulation within such
9 school districts."
10 Act of August 19, 1953 (P.L.1200, No.334), entitled "An act
11 to provide revenue for school districts of the first class A by
12 imposing a tax on real estate in such districts for general
13 public school purposes, and providing for its levy and
14 collection."
15 Act of July 8, 1957 (P.L.548, No.303), entitled "An act to
16 impose an additional tax on real estate for public school
17 purposes in school districts of the first class for current
18 expenses."
19 Act of July 12, 1957 (P.L.837, No.386), entitled "An act
20 imposing a tax on real estate for public school purposes in
21 school districts of the first class A for current expenses."
22 Act of September 23, 1959 (P.L.968, No.398), entitled "An act
23 to validate and quiet the title to lands and buildings
24 heretofore sold by boards of school directors at public auction
25 without full compliance with provisions of law authorizing such
26 sales."
27 Act of September 23, 1959 (P.L.995, No.409), entitled, as
28 amended, "An act providing for the acceptance by the
29 Commonwealth of Pennsylvania of the provisions of the act of
30 Congress, approved September 2, 1958, concerning assistance to
19810H1300B2899 - 527 -
1 states and subdivisions thereof for the training of manpower of
2 sufficient quality and quantity to meet our national defense
3 needs; and conferring powers and imposing duties on the State
4 Treasurer, the State Board of Education and the State Board for
5 Vocational Education."
6 Act of November 19, 1959 (P.L.1552, No.557), entitled "An act
7 imposing a tax on real estate for public school purposes in
8 school districts of the first class and first class A for
9 current expenses."
10 Act of August 24, 1961 (P.L.1135, No.508), entitled "An act
11 imposing a tax for general public school purposes in school
12 districts of the first class A on salaries, wages, commissions
13 and other compensation earned by residents thereof, and on the
14 net profits earned from businesses, professions or other
15 activities conducted by residents thereof; providing for its
16 levy and collection; requiring the filing of declarations and
17 returns and the giving of information by employers and by those
18 subject to the tax; imposing on employers the duty of collecting
19 the tax at source; conferring and imposing powers and duties on
20 boards of public education and school treasurers in such
21 districts; providing for the administration and enforcement of
22 the act and imposing penalties for violation thereof."
23 Act of August 8, 1963 (P.L.585, No.304), entitled, as
24 amended, "An act imposing a tax on real estate for public school
25 purposes in school districts of the first class A for current
26 expenses."
27 Act of August 8, 1963 (P.L.592, No.310), entitled, as
28 amended, "An act to impose an additional tax on real estate for
29 public school purposes in school districts of the first class
30 for general public school purposes."
19810H1300B2899 - 528 -
1 Act of August 8, 1963 (P.L.613, No.321), entitled "An act
2 transferring powers and duties from the State Council of
3 Education to the State Board of Education and making an
4 appropriation to the Department of Public Instruction for
5 administrative expenses of the State Board of Education."
6 Act of August 9, 1963 (P.L.643, No.341), known as the "First
7 Class City Public Education Home Rule Act."
8 Act of December 7, 1965 (P.L.1046, No.394), entitled "An act
9 making a continuing appropriation out of the Motor License Fund
10 to the Department of Public Instruction to promote driver
11 education and to provide financial assistance to school
12 districts or joint organizations."
13 Act of July 8, 1968 (P.L.299, No.150), entitled "A supplement
14 to the act of March 10, 1949 (P.L.30, No.14), entitled 'An act
15 relating to the public school system, including certain
16 provisions applicable as well to private and parochial schools;
17 amending, revising, consolidating and changing the laws relating
18 thereto,' providing for the establishment of administrative
19 units comprised of certain school districts."
20 Act of November 26, 1968 (P.L.1098, No.340), entitled "An act
21 imposing a tax on real estate for public school purposes in
22 school districts of the first class A for general public school
23 purposes."
24 Act of August 27, 1971 (P.L.358, No.92), entitled "An act
25 creating an authority for the purpose of avoiding increased
26 costs of public education by providing partial reimbursement for
27 nonpublic education and defining its powers and duties."
28 Act of December 12, 1973 (P.L.397, No.141), entitled "An act
29 relating to certification of teachers in the public schools of
30 the Commonwealth and creating a Professional Standards and
19810H1300B2899 - 529 -
1 Practices Commission."
2 Act of November 26, 1975 (P.L.460, No.129), entitled "An act
3 providing services for the diagnosis and correction of speech
4 and hearing defects to nonpublic school children."
5 Act of December 15, 1975 (P.L.483, No.143), entitled "An act
6 imposing a tax on real estate for public school purposes in
7 school districts of the first class A for general public school
8 purposes."
9 (b) The act of April 30, 1943 (P.L.145, No.73), entitled, as
10 amended, "An act providing for and regulating the accumulation,
11 investment and expenditure by counties, cities, boroughs,
12 incorporated towns, townships and school districts of funds for
13 post war projects," is repealed as to school districts.
14 (c) All other acts and parts of acts are repealed insofar as
15 they are inconsistent with this act.
16 Section 7. Effective date.--This act shall take effect July
17 1, 1982 1983 EXCEPT FOR 24 PA.C.S. § 2992 WHICH SHALL TAKE <--
18 EFFECT IMMEDIATELY.
D24L24CVV/19810H1300B2899 - 530 -